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Real Property Law
Country Communityh Timberlake Village, L.P. v. HMW Special Utility District of Harris and Montgomery County

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation. ... More...   $0 (04-15-2014 - TX)

Georgette Kalenian v. George Elias Insen

Plaintiffs, Georgette Kalenian, Ida Reza, Elizabeth Van Item and Alex Tony Insen (Alex), 1 appeal from an order denying their motion to vacate two December 15, 2011 dismissal orders. Plaintiffs filed a Probate Code2 section 17200 petition seeking to replace defendant, George Elias Insen (George),3 as trustee of the Elias George Insen Separate Property Trust and determine the trust’s construction... More...   $0 (04-14-2014 - CA)

Lloyd Smith v. Timothy Vern Simas

¶1 Lloyd and Laurie Smith filed suit against Timothy Vern and
Christy Leigh Simas claiming that the Simases’ house, constructed
adjacent to the Smiths’ house, violated the Declaration of
Covenants, Conditions, and Restrictions recorded against the
Simases’ property. On appeal, the Smiths challenge the trial court’s
denial of their requests for injunctive relief, nomina... More...
   $0 (04-10-2014 - UT)

Jeff McCollin v. J.D.F. Properties, LLC

¶1 Jeff McCollin filed suit against J.D.F. Properties, LLC; Denise M. Fabrizio; and Jeff Fabrizio (collectively, J.D.F.), claiming in part that they damaged his land by altering the flow of the river that separates the parties’ properties.1 On appeal, McCollin contends that the district court erred in granting summary judgment in favor of J.D.F. We affirm.
1. Other plaintiffs were initially... More...
   $0 (04-10-2014 - UT)

In Re The Marriage of billy Dale Beene and Janice Louis Beene

¶1 In this dissolution of marriage proceeding, Respondent/Appellant, Janice Louise Beene (Wife), appeals from the portion of the trial court's decree awarding the real property located in Meeker, Oklahoma, to Petitioner/Appellee, Billy Dale Beene (Husband), as his separate property. We hold the trial court's exclusion of the Meeker property from the marital estate was not an abuse of discretion o... More...   $0 (04-10-2014 - OK)

Mai Thi Tran v. Andy Luu

In four issues, appellant, Mai Thi Tran, challenges the trial court’s granting of summary judgments in favor of appellee, Andy Luu, and the trial court’s denial of her motion for new trial. We affirm.


On or about April 18, 2006, Luu sold to Tran approximately 47.98 acres of land situated in Robertson County, Texas for $143,940.1 The transaction was finalized on
<... More...
   $0 (04-10-2014 - TX)

Marta Carrejo Martinez v. Janet D. Mangrum

In this interlocutory appeal from a temporary injunction, Appellant Marta Carrejo Martinez claims the trial court abused its discretion by excluding her from real property located at 2109 Flemming Drive, Fort Worth, Texas, (the Property) and by enjoining her from coming within 300 feet of the Property. We affirm the trial court’s temporary injunction.

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

   $0 (04-10-2014 - TX)

Hiroshi Horiike v. Coldwell Banker Residential Brokerage Company

A broker represented both the buyer and the seller in a real property transaction through two different salespersons. The buyer brought several claims against the broker and the salesperson who listed the property for sale, including breach of fiduciary duty. The trial court granted a nonsuit on the claim for breach of fiduciary duty against the salesperson on the ground that the salesperson who l... More...   $0 (04-09-2014 - FL)

Gray1 CPB, LLC v. SCC Acquisitions, Inc.

You cross continents and spend years trying to collect a judgment for your client. Late one Friday afternoon, the debtor’s lawyer walks into your office and hands you a cashier’s check for almost $13 million, covering the entire judgment and all accumulated interest. Do you accept the check or say, “no thank you, I need to make a motion for attorney fees first?” Put another way, is a bird ... More...   $0 (04-09-2014 - CA)

Paul Thoryk v. San Diego Gas & Electric Company

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later, ... More...   $0 (04-09-2014 - CA)

Shane and Kristie Trahan v. Jimmy and Peggy Mettlen

Shane and Kristie Trahan bought 22.61 acres of land (the Property) from Jimmy and Peggy Mettlen. Sometime after the real estate transaction was completed, a dispute arose over ownership of the mineral interests in the Property. The Mettlens claimed that they retained ownership of the mineral interests, and the Trahans claimed that the interests were, or at least should have been, conveyed as part ... More...   $0 (04-09-2014 - TX)

Vasile Marincasiu v. Stpehen C. Drilling

Vacile and Stacy Marincasiu appeal the trial court’s judgment granting Stephen C. Drilling a first lien on certain real property located at 1702 Egret Lane, Southlake, Texas, 76092 (hereinafter “the Southlake Property”); allowing him to foreclose on the property; and clearing title to the land. On appeal, the Marincasius challenge the factual and legal sufficiency of the trial court’s find... More...   $0 (04-09-2014 - TX)

Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr... More...   $0 (04-09-2014 - TX)

Terrie H. Rowley v. Ada County Highway District

Ada County Highway District (“ACHD”) appeals the district court’s grant of summary judgment to Terrie Rowley. This case concerns the ownership of a ten-foot-wide walkway in a Boise subdivision and arose after Rowley sought an injunction to remove a shed her neighbor placed on that walkway. The district court held that (1) the subdivision plats showed the original developers clearly and unequ... More...   $0 (04-08-2014 - ID)

Frank P. Butler v. Deutsche Bank Trust Company Americas

In the wake of the foreclosure crisis, litigants have increasingly sought out clarification regarding the validity of mortgage transfers precipitated by Mortgage Electronic Registration Systems, Inc. ("MERS"). The general contours of these claims are well known, and many of the facts underlying this case parallel past foreclosure litigation. A homeowner, Frank P. Butler ("Butler"), upon falling b... More...   $0 (04-06-2014 - MA)

Drake Interiors, L.L.C. v. Andrea Marie Thomas & Robert Warren Thomas

This case involves two questions. Can an abstract of judgment create a valid lien on a home jointly managed as community property if the judgment is based on the premarital debt of only one spouse? If so, what is the effect of a homestead designation after a divorce when the property ceases to be held in community? The trial court ruled in favor of the current homeowner, declaring that the judgmen... More...   $0 (04-03-2014 - TX)

John P. Serra, II v. Quantum Servicing Corp., et al.

John P. Serra, II ("Serra") asserts that his property was wrongfully sold at foreclosure by a party without any valid legal interest in his mortgage. He also extends claims in wrongful foreclosure and unfair business practices against an earlier mortgage holder that tried, unsuccessfully, to foreclose. All of these claims are predicated on a theory that Mortgage Electronic Registration Systems, In... More...   $0 (03-31-2014 - OK)


¶1 Johnie Glen Boyd (Appellant) argues the trial court's order on appeal fails to give full faith and credit to probate proceedings in Texas in which Raymond Glen Boyd was determined to be the sole devisee of Agnes L. Boyd (Decedent). The Oklahoma trial court's order provided for the division of Oklahoma oil, gas, and mineral property into one-fourth interests according to Oklahoma statutes. Purs... More...   $0 (03-31-2014 - OK)

Charles Jay De Groot v. Standley Trenching, Inc. d/b/a Standley & Co.

Appellant, Charles DeGroot and DeGroot Farms, LLC (collectively “DeGroot”), appeals the district court’s entry of summary judgment on its claims against Standley Trenching, Inc. d/b/a Standley & Co. (“Standley”), relating to the construction and installation of a manure handling system at the DeGroot dairy. Beltman Construction, Inc., d/b/a Beltman Weldling and
Construction (â€... More...
   $0 (03-28-2014 - ID)

United States of America v. Cody Matthew Tackett

Cody Matthew Tackett, 23, has entered a plea of guilty to a criminal information charging him with making a hoax bomb threat, announced United States Attorney Kenneth Magidson.

Tackett has admitted he willfully sent a false threatening communication through an instrument of interstate commerce to the University of St. Thomas - Houston, concerning an attempt to unlawfully damage real prope... More...
   $0 (03-28-2014 - TX)


¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting
summary judgment in favor of Clark LHS, LLC. We affirm.
2. “[W]hen reviewing a grant of summary judgment, we recite the
disputed facts in a light most favorable to the nonmoving party.”
Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343.
20110708-CA 2 2014 UT App 70
BA... More...
   $0 (03-27-2014 - UT)

Samuel Grego v. Guillermo Lash & John Hoysick

We issued our original memorandum opinion in this case on December 19, 2013. Appellant Samuel Crego filed a motion for rehearing. See TEX. R. APP. P. 49.1. Appellees Guillermo Lash and John Hoysick filed a response to the motion. We deny the motion for rehearing, withdraw our previous memorandum opinion and judgment, and substitute the


following memorandum opinion and judgment in t... More...
   $0 (03-27-2014 - TX)

Eugene Eldridge v. Brazoria County

Eugene Eldridge and Raymond Perry appeal the trial court’s judgment dismissing their premises-liability suit against Brazoria County. In four issues, Eldridge and Perry assert that the trial court erred by granting the county’s plea to


the jurisdiction and complain that the trial court should have granted their motion to compel discovery related to jurisdictional issues.
   $0 (03-27-2014 - TX)

JDW-CM, L.L.C. v. Clark LHS, L.L.C.

¶1 JDW-CM, LLC (Plaintiff) appeals from an order granting summary judgment in favor of Clark LHS, LLC. We affirm. JDW-CM, LLC v. Clark LHS, LLC

2. “[W]hen reviewing a grant of summary judgment, we recite the disputed facts in a light most favorable to the nonmoving party.” Begaye v. Big D Constr. Corp., 2008 UT 4, ¶ 5, 178 P.3d 343. 20110708-CA 2 2014 UT App 70

   $0 (03-27-2014 - UT)

Stanley A. Tener v. Short Carter Morris LLP and Adam J. Morris

Appellant, Stanley A. Tener (“Tener”), has filed a motion for rehearing of our August 6, 2013 opinion and judgment. We deny the motion for rehearing, withdraw our opinion and judgment of August 6, 2013, and issue the following opinion and a new judgment in their stead.


Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Mor... More...
   $0 (03-27-2014 - TX)

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