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Replevin Law
 
KT&G Corp., Xcaliber International Limited, LLC. v. Attorney General of the State of Oklahoma

In 1998, forty-six states, as well as several territories (“the settling states”), entered into a Master Settlement Agreement (“MSA”) with the four major tobacco companies. By that agreement, the settling states agreed to release the tobacco companies from liability for claims the states had against them to recover for tobacco-related health costs, and the tobacco companies in turn agreed ... More...   $0 (07-30-2008 - OK)

Earl Lee Snider and Carmin Noel Snider v. Lincoln County Board of County Commissioners

Earl Lee Snider and Carmen Noel Snider filed claims under 42 U.S.C. § 1983, alleging that David Neal and Chris Evans, both officers with the Lincoln County Sheriff's Department, violated their Fourth and Fourteenth Amendment rights when, without a warrant, they entered the Sniders' home, seized Mr. and Mrs. Snider, and seized Mr. Snider's concealed weapon permit (CWP) and fifteen guns. The Sn... More...   $0 (06-07-2008 - OK)

Casablanca Trax, Inc. v. Trax Records, Inc., et al.

What happens when the parties to a contract put a broad arbitration clause in one document, but include no such clause in a second document providing security for the promises made in the first document? At least under the circumstances of this case, we hold that the parties must submit the question of arbitrability to the arbitrator first, before addressing any claims that may not be subjec... More...   $0 (06-06-2008 - IL)

Travis Green and Darby Green v. Jerry Study

Jerry Study (defendant) attempts to appeal a circuit court ruling in an action brought by Travis Green and Darby Green (plaintiffs). Plaintiffs sought to replevy 16 head of cattle alleged to have been detained by defendant after the cattle entered upon defendant's property. This court lacks jurisdiction to take action other than to dismiss the appeal for the reason that the trial court did not ent... More...   $0 (04-24-2008 - MO)

Michael Bibbs, L.D. Mason, and M.J. Construction Co., Inc. v. Community Bank

Appellants Michael Bibbs, L.D. Mason, and M J Construction Co, Inc., appeal from a summary judgment in favor of appellee Community Bank. The circuit court ruled that appellants lacked standing to sue the Bank and that their amended complaint, naming additional plaintiffs who purportedly had standing, was time-barred and did not relate back to the original filing. We affirm.

In 2000, Bibb... More...   $0 (03-05-2008 - AR)

Questech Financial, LLC. v. Denni's, LLC

The plaintiff, QuesTech Financial, LLC, appeals from the judgment of the trial court, which granted the plaintiff the right to replevin certain goods and chattels in the possession of the defendant, Benni's, LLC, while reserving for the defendant an opportunity to redeem, repurchase or bond those goods and chattels.

We reverse in part the judgment of the trial court.

The following... More...   $0 (02-05-2008 - CT)

James Sone and Shalonda Stone v. Estate of William Gooden and Sherry Gooden

James Stone and Shalonda Stone sued the Estate of William Gooden on a replevin theory. The claims made and defenses asserted are not availble.... More...   $0 (01-29-2008 - OK)

James Cody d/b/a Cody Trucking v. Jerry Lay

James Cody d/b/a Cody Trucking sued Jerry Law on a replevin theory. The specifics of the claims made and defenses asserted are not available.... More...   $0 (11-27-2007 - )

Landmark Credit Union v. Lisa Borum

Lisa Borum, pro se, appeals a "Replevin Order for Judgment" (uppercasing omitted) awarded to Landmark Credit Union, and the trial court's order denying her motion for reconsideration. She contends that Landmark never properly perfected the "Motor Vehicle Consumer Simple Interest Installment Sale and Security Agreement" (uppercasing omitted) she executed in April of 2005 giving Landmark a secur... More...   $0 (10-30-2007 - WI)

Frank Desantis, Personal Representative of the Estate of Helen K. Chum v. William Prothero, Individually and as Administrator of the Estate of Helen Prothero

1 William Prothero, individually and as administrator of the estate of Helen Prothero, appeals the order entered November 10, 2005 by the Bradford County Court of Common Pleas granting Appellee Frank DeSantis', the personal representative of the Estate of Helen Chum, motion for judgment on the pleadings and directing Appellant to turn over the savings bonds at issue to Appellee within 30 ... More...   $0 (01-18-2007 - PA)

Wells Fargo Bank Wyoming, N.A. v. Edwin C. Hodder, et al.

[1] The beneficiaries of a trust filed a complaint against their trustee, Wells Fargo Bank Wyoming, N.A. (Wells Fargo), claiming it breached its fiduciary duties. After a bench trial, the district court held generally for the beneficiaries. Wells Fargo appealed, asserting several points of error in the trial court's findings. The beneficiaries filed a cross-appeal claiming error in the tria... More...   $0 (10-13-2006 - WY)

Kansas City Power & Light v. Bibb & Associates, Inc., et al.

This case involves product liability and negligence claims asserted by Kansas City Power & Light Company (KCPL) against Rockwell Automation, Inc. (f/k/a Allen-Bradley Company LLC) based on a defective Troubleshooting Guide and a defective programmable logic controller (PLC). KCPL asserted that defects in the two products caused or contributed to cause a natural gas explosion that destroyed a 12... More...   $0 (05-11-2006 - MO)

Edwin N. Gunn, Individually and as Trustee of the Edwin N. Gunn Trust, etc. v. Leorraine "Lee" Sobucki

Plaintiff, Edwin Gunn, brought an action in the circuit court of McHenry County against Leorraine "Lee" Sobucki contesting her ownership of a coin collection. Gunn's complaint was in two counts. Count I asserted a cause of action for replevin. Count II sought damages based on conversion. Following a bench trial, the circuit court entered judgment in favor of Gunn as to count I, declaring him to... More...   $30000 (10-12-2005 - IL)

Multiut Corporation v. Yehuda Draiman, et al.

This opinion encompasses three related appeals involving defendants Yehuda and Miriam Draiman and plaintiff Multiut Corporation (Multiut), an energy consulting and energy management services company based in Skokie. Central to defendants' appeals are case Nos. 1-03-0857 and 1-03-2855, in which defendants challenge the trial court's rulings in favor of Multiut and its award of more than $1 mil... More...   $0 (08-07-2005 - IL)

Nadejda Vassilkovska v. Woodfield Nissan, Inc.

In July 2002, the plaintiff, Nadejda Vassilkovska, purchased a used automobile from Woodfield. In addition to the sales contract, the plaintiff signed an arbitration agreement (Arbitration Agreement). In February 2003, the plaintiff filed a four-count complaint against Woodfield. In April 2003, Woodfield filed a motion to dismiss and compel arbitration. In May 2003, the trial court heard argume... More...   $0 (06-03-2005 - IL)

Conseco Loan Finance Company, et al. v. Michael S. Boswell, et al.

This appeal in an action for replevin of a manufactured home involves a dispute between a sales finance company with a security interest in the home and the corporate manager of the manufactured-home park where the home was abandoned. The district court determined that the home had been abandoned, the management company did not have a removal-and-storage lien, and the sales finance company w... More...   $0 (11-03-2004 - MN)

Roger Temethy vs. Marge Baum

Roger Temethy and Marge Baum lived together for three years and during that time Roger bought Maynard, a 225-pound English bull mastiff. Then Roger and Marge broke up and Marge got possession of Maynard claiming that Roger had given him to her as a present. Roger disagreed and brought a replevin action against Marge.... More...   $0 (07-14-2004 - OH)

Jack and Loretta Becker v. St. Charles Boat & Motor Inc

Jack and Loretta Becker ("the Beckers") appeal the judgment of the Circuit Court of St. Charles County granting St. Charles Boat & Motor, Inc.'s ("SCBM") Motion for Judgment on the Pleadings and dismissing their suit for replevin, conversion and quantum meruit on the basis of res judicata. We affirm.

Statement of the Facts and Proceedings Below
In October 1996, J... More...
   $0 (04-20-2004 - MO)

ATC Partnership v. Town of Windham, et al.

The defendants1 appeal, following our grants of certification,2 from the judgment of the Appellate Court reversing the trial court's judgment, which was rendered after a bench trial, in favor of the defendants. The defendants claim that the Appellate Court improperly concluded that there was insufficient evidence in the record to support the trial court's determination that the plaintiff... More...   $0 (04-18-2004 - CT)

McCRAW OIL COMPANY, INC. v. PIERCE

1 Appellant, Preston M. Pierce a/k/a Mike Pierce d/b/a Pierce Grocery and Station, operates a grocery store and gasoline service station in Boswell, Oklahoma. Appellee, McCraw Oil Company, Inc., a Texas Corporation, supplies gasoline and related products to retail businesses in Oklahoma and Texas. Prior to 1980, Appellant purchased gasoline supplies from Combine Oil Company (Combine). Appellant... More...   $0 (02-09-2004 - OK)

Palo Savings Bank vs. Phillip Sparrgrove.

Phillip Sparrgrove appeals from a judgment in favor of Palo Alto Savings Bank awarding attorney fees incurred defending priority of security interest against claims of third-party creditor to collateral securing promissory note cosigned by Sparrgrove, as well as attorney fees incurred in prosecution of this action and defense of Sparrgrove's counterclaims. Affirmed in Part, Reversed in Part, and ... More...   $0 (01-14-2004 - IA)

Scott Bouchard v. Amy Frost, et al.

Scott Bouchard appeals from a judgment of the District Court (Rumford, McElwee, J.) denying his petition for retroactive nullification of an administrative order that required him to pay child support. Bouchard contends that he is not equitably estopped from receiving retroactive relief and is entitled to reimbursement, by the Department of Human Services, of the child support he paid between 199... More...   $0 (01-13-2004 - ME)

J. William Cagne, Jr. v. Enrico Vaccaro

This case returns to us following a remand to the trial court by the Supreme Court. In this appeal, the defendant, Enrico Vaccaro, claims the trial court improperly (1) denied his motion to open and to set aside the judgment, (2) awarded the plaintiff offer of judgment interest and (3) granted the plaintiff's prejudgment remedy of attachment. We affirm the judgment of the trial court. <... More...   $0 (12-09-2003 - CT)

Donald Vahey, Alberta Vahey, Daniel Vahey and Elizabeth Koterba v. Lorreta Vahey, Ronald Vahey, Daren Moen, Michael Vahey, George Vahey, Jr., and Mark Vahey.

Defendant, Mark Vahey, appeals from the judgment, entered in a court-tried case, in favor of plaintiffs, Donald Vahey, et al., in an action for replevin or alternatively for money damages for property taken by him. The court found that Mark Vahey converted the property and awarded damages to the four named plaintiffs. We vacate and remand.

George Vahey died in January 2001. At the time of h... More...   $0 (11-18-2003 - MO)

Harolyn Johnson v. Jacqueline H. Mazza, et al.

The plaintiff, Harolyn Johnson, appeals from the judgment of the trial court rendered after it granted the defendant's1 motion to strike the revised amended complaint. On appeal, the plaintiff claims that the court improperly (1) struck the complaint and (2) rendered summary judgment on a complaint that previously had been withdrawn. We affirm the judgment of the trial court in part and ... More...   $0 (11-13-2003 - CT)

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