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Real Property Law
 
Stanley A. Tener v. Short Carter Morris, L.L.P. and Adam J. Morris

Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Morris, LLP (“SCM”) and Adam J. Morris, in his suit against them for negligence and breach of fiduciary duty. In three issues, Tener contends that the trial court erred in granting Morris and SCM summary judgment and overruling his objections to their summary-judgment evidence.
We affirm.... More...
   $0 (08-28-2014 - TX)

Charles Caswell v. Kerem Ozgul

Charles Caswell, Robyn Caswell and Caitlin Caswell v. Kerem Ozgul, Noor Alhlous, Matthew L. Dyer and Jungeun Park

1. Plaintiffs are residents of Tulsa County, Oklahoma, and reside in Tulsa, Oklahoma.
2. Defendant, Karem Ozgul (“Ozgul”), resides at 3132 East 87th Street in Tulsa, Oklahoma.
3. Defendant, Noor Alhlou (“Alhlou”), resides at 10617 South 70th East Avenue, in Tul... More...
   $12500 (08-27-2014 - OK)

The People v. Michael Lofchie

The issue presented in this case is whether a University of California1 faculty member may be criminally prosecuted under Government Code section 10902 for participating in a decision to hire his wife as a program assistant for a four-week summer study abroad course. We conclude that he may not, and for reasons we discuss affirm the trial court’s order dismissing the information under Penal Code... More...   $0 (08-27-2014 - CA)

Jacques Bloxham v. Todd Saldinger

Jacques Bloxham (or Jack Bloxham) and Janette Magoc (the Bloxhams) and Todd Saldinger and Barbara Saldinger, also known as Barbara Zylbert,1 (the Saldingers) disputed the location of their common property lines. At trial, the determinative issue was the location of the western boundary of the Shoquel Augmentation Rancho (more recently denominated the “Soquel Augmentation Rancho”; hereinafter s... More...   $0 (08-27-2014 - CA)

Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
- 2 -
section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W... More...
   $0 (08-27-2014 - FL)

Larry Long v. Miken Oil, Inc. and Mike Tate

This cause originated as a suit by Miken Oil, Inc. and Mike Tate (Appellees or Plaintiffs), to recover operating expenses they incurred in the operation of three oil and gas leases in Gregg County, Texas. The case was tried on Appellees’ claim that they and Appellant, Larry Long (also Defendant), were cotenants of the three leases and that, as the operating cotenants, Appellees were entitled to ... More...   $0 (08-24-2014 - TX)

Cliressa Elaane Brown v. Ronald Peter Brown, Jr.

After a bench trial, the trial court granted a divorce, awarded custody of the children, and dissolved the marriage between Cliressa Elaane Brown and Ronald Peter Brown, Jr. The trial court took under advisement child support and health insurance, spousal maintenance, and property division matters. A short time later, the trial court determined child support obligations, awarded spousal maintenanc... More...   $0 (08-24-2014 - CA)

DCP Southern Hills Pipeline, LLC v. Darenda D. Mears a/k/a Darenda Talmadge, et al.

Oklahoma City, OK DCP Southern Hills Pipeline, LLC sued Darenda D. Mears an others on eminent domain (condemnation) theories seeking to acquire by condemnation certain rights, title and interest in real property for pipeline use alleging:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Darenda D Mears, a/k/a Darenda Talmadge; Arlyn McColloch;... More...
   $4500 (08-21-2014 - OK)

Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.

This is an appeal from the district court sitting in its appellate capacity and comes before this Court on review from the Idaho Court of Appeals. We reverse the decision of the district court and remand with instructions.
I. FACTUAL AND PROCEDURAL BACKGROUND
This is a dispute between two collections agencies, Medical Recovery Services, LLC (MRS) and Bonneville Billing and Collections, Inc... More...
   $0 (08-21-2014 - ID)

Deborah Shaw v. THC-Orange County, Inc.

Health and Safety Code section 1278.5 prohibits a health facility from retaliating against any of its employees for complaining about the quality of care or services provided by the facility. The statute further provides that an employee who has been improperly retaliated against “shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employe... More...   $0 (08-21-2014 - CA)

Wells Fargo Bank, N.A., as Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates, Carrington Mortgage Services, LLC and Tom Croft v. Mary Ellen Wolf and David Wolf, on behalf of Themselves And All Others Similarly Situated

Appellants, Wells Fargo Bank, N.A., As Trustee for Carrington Mortgage Loan Trust, Series 2006-NC3 Asset Backed Pass-Through Certificates (“Wells Fargo”), Tom Croft (“Croft”), New Century Mortgage Corporation (“New Century”), and Carrington Mortgage Services, LLC (“Carrington”), appeal an
2
Order Granting Class Certification on behalf of appellees, Mary Ellen Wolf and David... More...
   $0 (08-21-2014 - TX)

Rippy Interests, LLC v. William L. Nash, John D. Nash, Charles Nash and US KingKing, LLC

This is a summary-judgment appeal. The trial court granted the amended motion for summary judgment of Appellee US KingKing, LLC (KingKing) and denied the cross-motion for summary judgment of Appellant Rippy Interests, LLC (Rippy).1 Rippy appeals, complaining that the trial court erred in granting KingKing’s amended motion and in denying Rippy’s cross-motion. We agree; we will reverse the summa... More...   $0 (08-21-2014 - TX)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‟s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contract with the Davises to allow them to purchase lot nine of the subdivi... More...
   $0 (08-20-2014 - TX)

Shawn King v. This Land Press, LLC, et al.

Shawn King v. This Land Press, LLC, Keena b. Roberts, Joshua Kline, Michael Mason, Vince Lovoi, Eric Cullen and Cullen & Associates, LLC

Plaintiff, Shawn King, for his claims against Defendants, This Land Press, LLC; Keena B. Roberts; Joshua Kline, Michael Mason, Vince LoVoi, Eric Cullen and Cullen & Associates, LLC, for conversion, invasion of privacy, libel, slander, defamation, invasio... More...
   $0 (08-19-2014 - OK)

S & S Development, LLC v. Kwik Crete, Inc.

S & S Development, LLC v. Kwik Crete, Inc.

Plaintiff, S&S Development, LLC (“S&S”), for its cause of action against the Defendant, Kwik Crete, Inc. (“Kwik Crete”), alleges and states as follows:
1. S&S is an Oklahoma limited liability company that builds residential homes. Its principal place of business in Tulsa County, State of Oklahoma.
2. Kwik Crete is an Oklahoma corp... More...
   $7000 (08-19-2014 - OK)

Charles R. Tips Family Trust, Hazel W. Tips Family Trust and Charles T. Watkins v. PB Commercial LLC

The parties to this appeal entered into a residential loan agreement for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” The agreement thus identified the amount of the loan in two different ways, with one number written out in words and a larger
2
number set out in numerals. After the borrowers defaulted, litigation ensued, and the property was... More...
   $0 (08-19-2014 - TX)

Leroy Fonteno v. Wells Fargo Bank, N.A.

In June 2011, defendant Wells Fargo, N.A. (Wells Fargo) foreclosed on the residential mortgage loan of plaintiffs Leroy Fonteno and Jeanette Childs and purchased their home at a trustee sale conducted by defendant First American Trustee Servicing Solutions LLC (First American). Plaintiffs sued, alleging, among other things, that defendants violated both their deed of trust’s incorporation of a p... More...   $0 (08-18-2014 - CA)

Sea River Properties, LLC v. Loren E. Parks

Plaintiff Sea River and defendant Parks own adjoining
parcels of land on the central Oregon coast near Nedonna
Beach just south of the Nehalem River. Between the 1920s
and the 1990s, after the United States government built two
jetties to contain the Nehalem River, the ocean and wind
deposited sand and silt onto the upland, creating approximately
40 acres of land west of th... More...
   $0 (08-18-2014 - )

San Diego Gas & Electric Company v. Arnold J. Schmidt

Plaintiff San Diego Gas & Electric Company (SDG&E) initiated this eminent domain proceeding to condemn an easement for electric transmission lines across the property of defendants Arnold and Valerie Schmidt and Luis Naranjo (collectively defendants) after the parties could not agree on an appropriate valuation for the property. Agreeing with defendants' experts that an open-pit mining operation w... More...   $0 (08-17-2014 - )

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Janice Dudley, et al. v. Nettie Johnson and Joseph Conwright

In this Harrison County land title dispute between two neighboring families connected by a marriage, the original title to the disputed 7.23 acres was within the Conwright family, yet there was some evidence that the tract had been used from time to time by various members of the Johnson family other than the Johnson family claimants. After a bench trial, the trial court ruled that, because the Jo... More...   $0 (08-15-2014 - TX)

City of Pasadena v. Mercury Casualty Company

During a windstorm in late November 2011, a tree owned by the City of Pasadena (City) fell on the residence of James O’Halloran. As a result of the damage caused to the house, the insurer Mercury Casualty Company (Mercury) paid benefits to O’Halloran pursuant to his homeowner’s insurance policy. Mercury then sued the City for inverse condemnation and nuisance based on the damages caused by t... More...   $0 (08-14-2014 - CA)

Chubb NJ v. Patrick Fox d/b/a Fox Architects and Terrell D. Palmer d/b/a Terry Palmer

COMES NOW, the Plaintiff, Chubb NJ, and for its cause of action against Defendant, Patrick Fox d/b/a Fox Architects and Terre!! D. Palmer, AKA, Terry Palmer, alleges and states as follows:
I.
The Plaintiff, Chubb NJ, is a foreign insurance corporation, doing business in the State of Oklahoma. The Plaintiff insured Robert Doenges, who suffered the property damage that is the subject of this... More...
   $0 (08-13-2014 - OK)

Idaho Department of Health & Welfard v. Cathie Peterson

This case arose out of the Department of Health and Welfare’s (IDHW) attempt to recover Medicaid benefits from Melvin Peterson’s estate that were paid during his lifetime. At issue is whether any part of a real estate transfer from Melvin Peterson to his daughter Cathie Peterson is subject to Medicaid recovery.
I. FACTUAL AND PROCEDURAL BACKGROUND
The relevant facts of this case are no... More...
   $0 (08-13-2014 - ID)

In the Matter of the Marriage of Barney Samuel Bradshaw and Amanda Cheri Bradshaw

Barney Samuel Bradshaw appeals the trial court’s final decree of divorce. On appeal, Barney presents three issues. We reverse and remand.
BACKGROUND
Barney and Amanda Cheri Bradshaw were married on November 13, 2010. Amanda filed an original petition for divorce on September 10, 2013, requesting that the court divide their estate in a manner that the court deems just and right. Barney fi... More...
   $0 (08-13-2014 - TX)

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