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Real Property Law
Mid-Continent Casualty Co. v. Circle S. Feed Store

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution ... More...
   $0 (06-17-2014 - NM)

Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center v. Ahmad Aldirawi

Appellants Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center appeal the trial court’s award of prejudgment interest, attorney’s fees, and costs to Appellee Ahmad Aldirawi in this partnership dissolution case. Mooti and Elsaleh complain that the trial court should have instead awarded them attorney’s fees and costs because they were the prev... More...   $0 (06-13-2014 - TX)

Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells... More...
   $0 (06-12-2014 - UT)

Jason Barnett v. Charles Michael Havard Jr.

Appellant Jason Barnett appeals the trial court’s judgment in favor of appellee Charles Michael Havard Jr., which declared the scope of an easement and the respective rights of Barnett as owner of the servient estate and Havard as owner of the dominant estate. Barnett challenges the trial court’s interpretation of the express easement and the trial court’s dismissal of his trespass and negli... More...   $0 (06-12-2014 - TX)

Patricia Cantu v. Frye & Associates, P.L.L.C., Phyllis R. Frye, and Salvador Benavides

After the trial court resolved this case on cross-motions for summary judgment, appellant Patricia Cantu appealed the judgment entered in favor of the appellees, Frye & Associates, PLLC, Phyllis R. Frye, and Salvador Benavidez. In


three issues, she argues that summary judgment should not have been granted as to her causes of action and that summary judgment should have been granted... More...
   $0 (06-12-2014 - TX)

In Re: Mortgage Electronic Registration Systems, Inc.

Mortgage Electronic Registration Systems, Inc.
(“MERS”), a subsidiary of MERSCORP, Inc., operates an
electronic mortgage registration system (“the MERS
System”). MERS is distinct from the MERS System. The
MERS System is a private electronic database that records the
ownership of and servicing rights in home loans. Various
financial institutions are members of the ME... More...
   $0 (06-12-2014 - AZ)

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Andy Inman v. Jennie Shell, Full Blood Cherokee Roll No. 27189, et al.

Issue # 1.
Filed by: INMAN, ANDY
Filed Date: 04/11/2014
Party Name: Disposition Information:

Plaintiff: INMAN, ANDY
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.

Plaintiff: INMAN, DALANA
Disposed: JUDGEMENT ENTERED, 06/10/2014. Judge.
... More...
   $0 (06-10-2014 - OK)

The Montrose Management District and The Public Officials; Claude Wynn, Randy Michmore, Cassie Stinson, Kathy Hubbard, Brad Nagar, Robert Jara, Bobby Huegel, Dana Thorpe, Lane Llewellyn, David Robinson, Michael Grover, Randy Ellis and Bill Calderon v. 1620 Hawthorne, LTD

This is an appeal from the trial court’s denial of a summary judgment motion based on governmental immunity.1 The Montrose Management District (the District), the Public Officials,2 and Executive Director Bill Calderon (collectively, the Appellants) assert that the trial court erred in denying their summary judgment motion on several grounds. In their first issue, which contains several sub-issu... More...   $0 (06-10-2014 - TX)

Joseph R. Erlach v. Sierra Asset Servicing, LLC

John Erlach (appellant) appeals from a judgment of dismissal of his complaint against Sierra Asset Servicing LLC (Sierra) entered after the trial court sustained Sierra's demurrer without leave to amend. Appellant contends that it was error for the trial court to determine that his residential lease was void and that he was a squatter with no legal rights because a code enforcement notice (red tag... More...   $0 (06-10-2014 - CA)

Saeed Keshtgar v. U.S. Bank, N.A.

Plaintiff obtained a loan secured by a deed of trust on real property. The loan is in default. He brings this action against the bank, as trustee of a mortgage trust, to prevent the bank from initiating foreclosure proceedings. An insuperable barrier stands in his way, California's nonjudicial foreclosure statutes. Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, explains why act... More...   $0 (06-09-2014 - CA)

W. Robert Mathews and Laura B. Mathews v. Branch Banking & Trust Co.

W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB&T) surplus funds from the foreclosure sale of their home. The trial court found that BB&T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in

- 2 -

awarding BB&T the surplus funds because it failed to file a cla... More...
   $0 (06-06-2014 - fl)

In the Matter of the Marriage of William Scott Dorner and Gloria Monique Dorner

William Scott Dorner and Gloria Monique Dorner were divorced on October 22, 2012. The property division included in the divorce decree required Gloria to sell a particular parcel of land and to list that parcel for sale with a licensed real estate broker on or before December 1, 2012. On June 7, 2013, William filed a petition seeking to (1) enforce the property division, (2) reduce the personal pr... More...   $0 (06-06-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Charles P Curry & Jennifer Curry v. Harris County Appraisal District

Today we address the scope of a property owner’s rights and remedies to challenge the appraised value of real property for property-tax purposes. The property owners asserted protests before the appraisal review board, challenging the appraised value of their real property. The appraisal review board concluded


that the appraisal for the tax year at issue was incorrect and ordered... More...
   $0 (06-05-2014 - TX)

Harsadbhai Patel & Dharmishtha Patel v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District

This case involves important issues regarding the rights and remedies of property owners who challenge the appraised value of real property for property-tax purposes. The property owners in today’s case protested before the appraisal


review board the appraised value of their real property. Following a contested hearing, the appraisal review board concluded that the appraisal for ... More...
   $0 (06-05-2014 - TX)

Curtis Moore v. Veronica Moore

In this divorce case, we consider whether the trial court erred in (1) characterizing appellant’s separate property as community property and including it in the community property division, thereby causing a property division that was


not just and right; and (1) ordering that the appellant to pay periodic child support in the amount of $1500 per month. We affirm in part and... More...
   $0 (06-05-2014 - TX)

Bridgett Henties v. James Schweppe, Administrator for the Estate of Michael L. Henties, Deceased, and Trustee of the Michael L. Henties Estate Trust

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d... More...   $0 (06-03-2014 - TX)

Gene Smirl d/b/a Gene's Pearland Exxon and Gene Smirl d/b/a Pearland Motor Company v. The State of Texas and RMJ Miller Real Estate Holdings, Ltd.

Appellant, Gene Smirl, doing business as “Gene’s Pearland Exxon” and “Pearland Motor Company” (“Smirl”), challenges the trial court’s rendition of


summary judgment in favor of appellee, RMJ Miller Real Estate Holdings, Ltd. (“RMJ”),1 in Smirl’s suit against RMJ to recover a portion of condemnation proceeds for the value of his lost leasehold interest in the su... More...
   $0 (06-03-2014 - TX)

Santino Aguirre, Brenda Echavarria and Leroy Aguirre v. Scott S. Aguirre and Irma S. Aguirre

Santino Aguirre, Brenda Echavarria, and Leroy Aguirre (Appellants) appeal from the trial court’s take-nothing summary judgment in favor of Scott S. Aguirre and Irma S. Aguirre (Appellees). We reverse and remand.



On September 20, 2011, Appellants brought suit against Appellees.1 Santino, Brenda, Leroy, and Scott are siblings. Their mother is Lydia Aguirre.
   $0 (05-30-2014 - TX)

Iglesia Cristiana Cristo Vive, Inc. v. Church of God of the Apostolic FAith Latin Conference, Inc.

By three issues, appellant, Iglesia Cristiana Cristo Vive, Inc., appeals from a verdict in favor of appellees, Church of God of the Apostolic Faith Latin Conference, Inc. (“Church of God”) and Pablo Sanchez. We affirm.



Rebecca Robles testified that she served as secretary of a church named the Centro De Adoracion Hosanna (“Hosanna”) with the Reverend Hi... More...
   $0 (05-29-2014 - TX)

Weldon Johnson, Jr. v. Jennry Elliott McDaniel

This is an appeal of a judgment entered following a jury trial in a trespass to try title action concerning approximately 234.2 acres of real property located adjacent to the Red River in Hardeman County, Texas. Appellant, Weldon Johnson, Jr., claimed title to the disputed property by adverse possession and by virtue of common law principles pertaining to accretion of riparian properties. Appellee... More...   $0 (05-28-2014 - TX)

In The Estate of Ramiro Aguilar, Jr.

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by their sister Margaret Morales against their father’s estate. Their father, Ramiro Aguilar Jr., and their mother, Alvida Mae Aguilar, passed away within a month of each other. Morales was appointed independent executrix of both of her parents’ estates. Anthony Aguilar then sued Morales in El ... More...   $0 (05-28-2014 - TX)

Green Tree Servicing, LLC v. Eric C. Sanders

Appellants Green Tree Servicing, LLC and U.S. Bank as Trustee of the Servertis Fund I Trust 2009-2 Grantor Trust Series 2009-2 challenge the trial court’s judgment granting damages and attorney’s fees in favor of appellee Eric M. Sanders. Because Sanders failed to plead for attorney’s fees and because the issue of attorney’s fees was not tried by consent, we reverse the portion of the tria... More...   $0 (05-28-2014 - TX)

Larry C. Cabelka v. Kelly Eugene Schmaltz, Eric Schmaltz and Kyle Schmaltz

Appellant Larry C. Cabelka appeals from the trial court’s judgment ordering that Appellee Kelly Eugene Schmaltz2 recover from Cabelka damages of $2,000

1See Tex. R. App. P. 47.4.

2Schmaltz did not file a brief in this case, and neither did Eric Schmaltz or Kyle Schmaltz. Eric and Kyle are Kelly’s sons. They did not appear at trial, and no judgment was rendered against them.More...
   $0 (05-25-2014 - FL)

Marvin B. Graham v. Bank of America, N.A.

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr... More...   $0 (05-25-2014 - CA)

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