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Real Property Law
United States of America v. Mohamad Abduljaber and Dr. Shannon Wiggins

Grand Rapids, Michigan - Office Manager and Husband of Lansing Area Doctor Sentenced to Prison for Accepting Kickbacks and for Not Reporting to the IRS Income from Medical Marijuana Certification

U.S. District Judge Robert Holmes Bell sentenced Mohamad Abduljaber, 50, of Okemos, Michigan to three and a half years of imprisonment on charges of receipt of health care kickback payments and f... More...
   $0 (10-06-2014 - MI)

In the Estate of Henrietta Cannon Stone, Deceased

The Probate Code, now the Estates Code, provides a detailed procedure for the sale of an estate’s property by a dependent administrator or executor. That was done in this case. The administratrix of Henrietta Stone’s estate found one buyer for a portion of the Estate’s property, and after a delay, found another buyer for the same property. The delay worked to the benefit of the Estate. A hea... More...   $0 (10-02-2014 - TX)

United States of America v. Martin A. Pool and Armand R. Franquelin

SALT LAKE CITY, UT - Martin A. Pool, age 44, of Atlanta, Georgia, and Armand R. Franquelin, age 57, of Liberty, Utah, pleaded guilty to securities fraud and money laundering Wednesday afternoon in U.S. District Court in Salt Lake City. Pool and Franquelin were charged in a three-count felony information filed in April.

As a part of a plea agreement reached with federal prosecu... More...
   $0 (10-02-2014 - UT)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust... More...   $0 (09-30-2014 - CA)

Dennis A. Thomas and Debra A. Thomas v. The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased

Yukon, Canadian County, Oklahoma - Dennis A. Thomas and Debra A. Thomas sued The Unknown Heirs, Successors, and assigns of Charlyne P. Windham, Deceased on a quite title theory alleging:

COME NOW, the Plaintiffs, pursuant to the Nonjudicial Marketable Titles Procedures Act, 12 OS. § 1141, and for cause of action against the Defendants alleges and states:
1. That Plaintiffs are the ow... More...
   $0 (09-26-2014 - OK)

Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised ... More...   $0 (09-26-2014 - CA)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas... More...   $0 (09-25-2014 - CA)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (09-25-2014 - TX)

Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.


¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

Tom Handle v. Virginia Fishinghawk, et al.

Stilwell, Adair County, Oklahoma - Tom Handle sued Virginia Fishinghawk on a quite title theory alleging:

COMES NOW the Plaintiff, Tom Handle, and for cause of action against the Defendant, alleges and states:
1. That the Plaintiff is an owner of and in actual possession of the following described real property situated in Adair County, Oklahoma, to wit:
NE NE NW; N2 SE NE NW, Sec... More...
   $0 (09-23-2014 - OK)

The People v. Bryan M. Pennington

As against a claim of insufficiency of the evidence, we hold that a harbor patrol officer who is (1) sworn as a peace officer, (2) supervised by a city police chief, (3) wears a badge, and (4) carries a police issued firearm, taser, baton, handcuffs, and pepper spray is a "peace officer" within the meaning of Penal Code section 830.33, subdivision (b) if he or she performs necessary duties with re... More...   $0 (09-22-2014 - CA)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar... More...   $0 (09-19-2014 - TX)

Jim H. Panter, et al. v. Walter J. Smith, et al.

Stilwell, Adair County, Oklahoma - Jim H. Panter, et al. sued Walter J. Smith, et al. on a quiet title theory alleging:

Comes now the Plaintiffs and for their cause of action against the above-named Defendants, alleges and states:
1. That the Plaintiffs, JIM H. PANTER AND SUE N. PANTER, as Independent CoTrustees of the Panter Family Revocable Trust dated the 1 6th day of October 2002,... More...
   $0 (09-18-2014 - OK)

Trent Walton v. Midland Mira Vista Homeowners' Association a/k/a Mira Vista Homeowners' Association

Trent Walton appeals the trial court’s order denying his plea to the jurisdiction, the trial court’s order denying in part his motion for partial summary judgment, and the trial court’s order granting in part the motion for summary judgment of Midland Mira Vista Homeowners’ Association a/k/a Mira Vista Homeowners’ Association. We affirm.
I. Background Facts
This appeal invo... More...
   $0 (09-18-2014 - TX)

Gerald K. Johnson v. Frederick M. Evans and Christine G. Evans

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking... More...
   $0 (09-18-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid... More...   $0 (09-18-2014 - TX)

King Ranch, Inc. v. Juan Antonio Garcia, Gonzalo Chapa, Jr., and Carmen S. Chapa

This appeal arises from a dispute over a boundary line established in an 1891 Deed of Exchange between Henrietta M. King, predecessor-in-interest to appellant King Ranch, Inc., and Luciano Garcia, et al., predecessors-in-interest to appellees Juan Antonio Garcia, Gonzalo Chapa,
1 Justice Chapa would vote to request a response to the motion for rehearing.
Jr., and Carmen ... More...
   $0 (09-18-2014 - )

BP Automotive LP d/b/a Bossier Dodge v. RML Waxahachie Dodge, L.L.C.; RML Waxahachie Ford, L.L.C.; RLJ-McLarty-Landers Automotive Holdings, L.L.C.; and RML Waxahachie GMC, L.L.C.

appeal arises out of an asset purchase agreement contemplating the sale of a car dealership’s assets. After the sale failed to close, the dealership sued the prospective buyer, alleging breach of contract and several other causes of action. The trial court granted the prospective buyer’s no-evidence and traditional motions for summary judgment, and denied the dealership’s traditional motion ... More...   $0 (09-18-2014 - )

Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...
   $0 (09-17-2014 - KS)

United States of America v. Robert John Mueller

Robert John Mueller, age 29, from Dyersville, Iowa, has been charged with two counts of distributing methamphetamine near a playground and one count of possessing pseudoephedrine for use in the manufacture of methamphetamine.­ The charges are contained in an Indictment unsealed on September 12, 2014, in United States District Court in Cedar Rapids.

The Indictment alleges that, on or abo... More...
   $0 (09-12-2014 - IA)

Bently J. Wright v. David Weaver, et al.

Tulsa, OK - Bently J. Wright sued David Weaver, Billy & Dorothy Smith Trust, Billy Warren Smith, Dorothy Ann Smith and Amber R. Wright on breach of contract theories alleging:

COMES NOW, the Plaintiff, Bentley Wright, an individual, by and through his attorney of record, Gregory J. Denney of Gregory J. Denney & Associates, P.C., and for his cause of action against the Defendants, David We... More...
   $3000 (09-12-2014 - OK)

Proctor Community Church v. Proctor-Sanders Community Cemetery, Inc.

Stilwell, Adair County, Oklahoma - The Proctor Community Church sued the Proctor-Sanders Community Cemetery, Inc. on a quit title theory.

Comes now the said plaintiff and for its cause of action against the said defendant alleges and states:
1. That Plaintiff is the fee simple owner of and to the following described real property, situated in Adair County, Oklahoma, to wit:
A trac... More...
   $0 (09-10-2014 - OK)

Thompson Bunch, et al. v. John Calvin Bunch

Stilwell, Adair County, Oklahoma - Thompson Bunch, et al. v. John Calvin Bunch

COMES NOW the Plaintiffs, Thompson Bunch, Rozenna Bunch now Coulter, and Woodrow Walter Bunch, for cause of action against the above named defendant, allege and state the following:
1. That the parties are owners in co-tenancy of approximately 40 acres of real property
located in Adair County, Oklahoma,... More...
   $0 (09-09-2014 - OK)

Jennita Foster v. Keith Williams

Defendant Keith Williams appeals the unlawful detainer judgment in favor of plaintiff
Jennita Foster doing business as Guest House Management. Defendant contends the judgment
should be reversed because the three-day notice to pay rent or quit concerning his apartment
unit failed to comply with Code of Civil Procedure section 1162, subdivision (2). As discussed
below, we reverse the... More...
   $0 (09-09-2014 - CA)

Barbara Lynch v. California Coastal Commission

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree... More...
   $0 (09-09-2014 - CA)

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