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Real Property Law
 
D. Patrick Smitherman v. Bank of America, N.A.

Appellant D. Patrick Smitherman challenges the summary judgment in favor of appellee Bank of America, N.A. (BANA) on Smitherman’s breach of contract and fraud claims. Smitherman asserts that he raised genuine issues of material fact on both of his claims, which precludes summary judgment. Because we determine that Smitherman failed to raise a genuine fact issue regarding damages, we affirm.
... More...
   $0 (04-07-2015 - TX)

JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas ... More...
   $0 (04-02-2015 - TX)

Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor “as lawful power of attorney for Frankie Taylor”1 argues the trial court erred in
1Earnest Taylor alleged in his Original Petition that he was acting as “lawful power of attorney for Frankie Taylor.” He later described his status in subsequent pleadings as “Earnest Taylor Frankie Taylor in all capacities [d]escribed i... More...
   $0 (04-02-2015 - TX)

Morris Jones v. Polly Neal

Stilwell, OK - Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, sued Polly Neal, FB Cherokee Indian Roll No. 5930, the forgoing if living, and if deceased her unknown heirs, executors, administrators, devisees and assigns on a quiet title theory claiming:

1. That the Plaintiff, Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha K... More...
   $0 (04-01-2015 - OK)

Leroy Stroman v. Robert Russell Tautenhahn Independent Executor of the Estate of Robert L. Wright, Deceased

In this appeal we consider whether a party to a nonsuited case is entitled to attorney’s fees. Because the party seeking attorney’s fees had no pending request for affirmative relief when the case was nonsuited, we conclude that (1) this court has appellate jurisdiction; and (2) the trial court did not err in refusing to award fees. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
This ... More...
   $0 (04-01-2015 - TX)

Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gae Widdows v. Connie L. Heflin and Dennis Heflin

Tulsa, OK - Estate of Camellia A. Keagy, deceased, through its personal representative, P. Gaye Widdows v. Connie L. Heflin and Dennis Heflin on conversion theories:

1. P. Gae Widdows is the duly appointed Personal Representative of the Estate of Camellia A. Keagy filed in the Tulsa County District Court in case number PB-2012-584 (“the Probate”).
2. Camellia A. Keagy (“Camellia... More...
   $1 (03-25-2015 - OK)

United States of America v. Regina Swims-King

OXFORD, Miss. - Felicia C. Adams, United States Attorney for the Northern District of Mississippi; Donald Always, Special Agent in Charge at the Federal Bureau of InvestigationDerrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General; and Mississippi Attorney General Jim Hood announced that:

Regina Swims-King, 54, of Green... More...
   $0 (03-23-2015 - MS)

Eclectic Investments, LLC v. Richard Patterson and Jackson County

Jackson County (the county) is a defendant in this
negligence action, in which plaintiff sought damages for
damage to its real property. As an affirmative defense, the
county alleged that plaintiff was negligent and was itself
responsible for the damages that it had suffered. The county
also filed a cross-claim against a codefendant (the contractor)
seeking common-law indem... More...
   $0 (03-18-2015 - OR)

Ken R. Baker v. Alfonse Castaldi

Respondent and plaintiff Ken R. Baker sued Theresa Castaldi1 and appellant
Alfonse Castaldi for allegedly stealing antiques he owned. Plaintiff 2 sought punitive
1 Theresa Castaldi was a defendant in the trial court proceedings, but is not an
appellant in this appeal.
2 We refer to Ken R. Baker as “plaintiff” to distinguish him from appellant
Annette Baker, trustee of the A... More...
   $0 (03-18-2015 - CA)

Daniel Ukkestad v. RBS Asset Finance, Inc.

Daniel Ukkestad, who is a co-trustee of the Larry Gene Mabee Revocable Trust (the Trust), appeals from the probate court's order denying his petition to confirm that two parcels of real property are part of the Trust's assets. We conclude that the probate
2
court erred in denying the petition, and we accordingly reverse the probate court's order and remand with directions that the probate ... More...
   $0 (03-18-2015 - CA)

Ioan Ciungu v. Melania Bulea

Ioan Ciungu (“Appellant”) appeals an order of the probate court that (1) includes certain real property parcels in the Estate of Victoria Ciungu (“Estate”), (2) directs the Estate’s personal representative to issue deeds conveying the two
parcels to Appellant and Melania Bulea (“Appellee”), the decedent’s children, as tenants in common and (3) partially vacates a prior order in... More...
   $0 (03-18-2015 - FL)

In the Matter of the Marriage of Jamileh Merrikh and David Hossien Merrikh

In this divorce case, we consider (1) whether the trial court abused its discretion by calculating appellant David Merrikh’s child support obligation based on his earning potential rather than his actual income after finding that he was intentionally underemployed, and (2) whether the evidence is legally and factually sufficient to support the trial courts findings of fact and conclusions of law... More...   $0 (03-17-2015 - \P)

Twin Towers Condominium Association, Inc. v. Bel Fury Investments Group, LLC

Bel Fury Investments Group, L.L.C. (Bel Fury), owns property located in the Twin Towers Condominium in Omaha, Nebraska. After Bel Fury failed to pay assessments for this property (Unit SCB), the Twin Towers Condominium Association, Inc. (the Association), recorded two notices of lien and filed a foreclosure action. When the Association filed the notices of lien and the complaint, it was levying as... More...   $0 (03-13-2015 - NE)

David Isaac Cisneros v. Laurette Cisneros

Appellant David Isaac Cisneros appeals a judgment in favor of his sister,
appellee Laurette Cisneros, following a bench trial in a forcible detainer action,
contending that reversal is warranted because (1) the petition fails to comply with
Texas Rule of Civil Procedure 510.3; and (2) the evidence is legally and factually
insufficient to support the judgment. We affirm.
2
B... More...
   $0 (03-12-2015 - TX)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m... More...
   $0 (03-12-2015 - TX)

Afsheen Alborzian v. JPMorgan Chase Bank, N.A.

A lender who lends money used to purchase a parcel of property and who holds a junior lien on that property cannot sue the borrower personally for the loan balance if the senior lienholder who also contributed to the purchase of the property forecloses on the property but does not collect enough from the foreclosure sale to pay off the junior lienholder. (Former Code Civ. Proc., § 580b, enacted b... More...   $0 (03-12-2015 - CA)

Estate Land Company, Aaron Wiese, and Kamal Banani (Bannan) v. Anthony Wiese

In eleven issues, appellants, Estate Land Company, Aaron Wiese, and
Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,
and that there is insufficient evidence to support the judgment. We affirm.
I. BACKGROUND
In 1999, Aaron Wiese (“Aaron”) and his brother, Anthony (“Tony”) Wiese,
purchased three properties in Houston, Texas: 812 Main St... More...
   $0 (03-10-2015 - TX)

C & M Exploration, LLC v. C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc.

Tulsa, OK C & M Exploration, LLC sued C. Mark Crawford, BDI, LLC, Calvin R. Hullum, aka Calvin Hullum, Bengalia Land & Cattle Company and Ring Energy, Inc. seeking specific performance of a contract claiming:

1. CM is an Oklahoma Limited Liability Company doing business in Tulsa County, State
of Oklahoma.
2. Crawford is an individual doing business in Tulsa County, State of Oklaho... More...
   $0 (03-05-2015 - ok)

Tract 19051 Homeowners Association v. Maurice Kemp

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (hereafter the CID Act).1 The CID Act applies to
1 In 2012, subsequent to all of the lower court proceedings in this matter, the CID Act was recodified.... More...
   $0 (03-05-2015 - CA)

Antonio Pulido v. Alfred Robert Pereira, Jr.

This action began as one by several neighboring property owners to establish an easement for the purpose of access to their properties over land owned by Alfred Robert Pereira, Jr. (appellant). The property owners brought the action in 2007, following Pereira’s purchase of his property in 2006 and subsequent blocking of the entrance to Quartz Hill Drive, over which the neighbors claimed they had... More...   $0 (03-05-2015 - CA)

James T. Dreiling and Silveroak Land Company, L.P. v. Security State Bank & Trust

Security State Bank & Trust, appellee, sued James T. Dreiling, appellant, for deficiency on a note following a foreclosure. Silveroak Land Company, L.P., appellant, filed a plea in intervention. Security State filed a motion to strike the intervention and a motion for summary judgment on its claim against Dreiling. The trial court granted both motions. On appeal, Silveroak argues the trial court a... More...   $0 (03-05-2015 - TX)

Bobie Kenneth Townsend v. Montgomery Central Appraisal District, Montgomery Central Appraisal District, Chief Appraiser Mark Castleschouldt, Appraisal Review Board of Montgomery County, Texas and Appraisal Review Board of Montgomery County, Texas Chairman Terry Bowie

In this case concerning a homeowner’s tax protest, the trial court dismissed
most of the homeowner’s claims for lack of subject-matter jurisdiction and granted
2
summary judgment to the appraisal district on the homeowner’s remaining claim
regarding his 2011 property taxes. The homeowner challenges these rulings, and
additionally argues that the trial court erred in faili... More...
   $0 (03-03-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

City of San Marcos v. Loma San Marcos, L.L.C.

Loma San Marcos, LLC, Questhaven Pacific View, LLC, and La Paz Sunset, Inc. (collectively Loma San Marcos) purchased a 15-acre property subject to a security and lien agreement with the City of San Marcos (City). The agreement was entered into by the property's former owner to securitize fees due pursuant to a conditional use permit that allowed the owners to convert the property from a recycling ... More...   $0 (02-27-2015 - CA)

Ricky Phelps and Toni Phelps v. Mara Dickinson

Tulsa, OK - Ricky Phelps and Toni Phelps sued Mara Dickinson on a specific performance theory.

1. In approximately August, 2011, Defendant made an oral agreement with Plaintiffs
to sell to them certain real property, situated in the County of Tulsa, State of Oklahoma, known as 763 South 1 42 East Avenue, Tulsa, Oklahoma 74108, and more specifically described as followed:
Lot Eigh... More...
   $0 (02-26-2015 - OK)

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