Replevin Law
 
C. Marcus McCafferty v. Joe Sunderwirth

C. Marcus McCafferty and Larry Cheatham, Jr. sued Joe Sunderwirth on a breach of contract theory.

Plaintiff alleged that in August 2002, they entered into a contract with Defendant to preserve Defendant's gun collection from sale through Bankruptcy Court.

Defendant alleged to be an obsessive collector. People with the illness cannot stand to part with their collections. His guns we... More...
   $1 (02-16-2012 - OK)

Preston Whalen v. Kimberly Turtle Dry

Pryor, Mayes County, Oklahoma - Preston Whalen sued Kimberly Turtle Dry on account stated, breach of contract, quantum meruit and replevin theories.

The claims made and defenses asserted by the parties are not available.... More...
   $0 (02-01-2012 - OK)

Charles W. Parsons v. Shonda Klingamon

¶1 Appellant State of Oklahoma DHS ex rel. Oklahoma Child Support Services (DHS) appeals an order of the small claims court denying its motion to vacate/motion for new trial. The court's underlying judgment awarded a father $2,500 for what he alleged he was owed for child support payments. Because the matter was not within the small claims court's jurisdiction, we reverse.

FACTS

... More...
   $0 (12-29-2011 - OK)

Erin Williamson v. Governmental Employees Insurance Co.

2 Plaintiff appeals a supplemental judgment denying her attorney fees,
3 challenging the trial court's rejection of her exceptions, ORS 36.425(6), to the arbitrator's
4 denial of her fee petition. The trial court sustained the arbitrator's determination that
5 plaintiff had no entitlement to attorney fees under ORS 20.080 and further held that,
6 because plaintiff had not invoked O... More...
   $0 (12-14-2011 - OR)

Fintube, LLC v. Sanat Shetty and Victory Energy Operations, LLC

Fintube, LLC sued Sanat Shetty and Victory Energy Operations, LLC on breach of contract theories seeking replevin of personal property and temporary, preliminary and permanent injunctions.... More...   $0 (11-30-2011 - OK)

Hany Malek v. Michael M. Koshak

The trial court found defendant and appellant Hany Malek (Malek) guilty on 10 charges of indirect contempt. In addition to imposing jail time and fines, as well as ordering him to pay attorney fees, the trial court ordered Malek to pay $1.7 million in restitution to a receivership based on what the trial court considered its inherent power to control the proceedings before it and enforce its prior... More...   $0 (11-22-2011 - CA)

Ronnie Walters v. Carl Wolf

SMITH, Circuit Judge. Ronnie Walters brought this 42 U.S.C. § 1983 action against the City of Hazelwood, Missouri, ("the City") and Hazelwood Chief of Police Carl Wolf, alleging that they (1) deprived him of his property, namely a handgun and its ammunition, without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution; and (2) through the same ... More...   $0 (11-04-2011 - MO)

Troy L. Kimble v. Linda C. Kimble

¶1 The issue presented is whether the trial court, in a small claims proceeding without a jury, may apply the applicable statute of limitations, or other rules of law, to the evidence adduced at the small claims proceeding in resolving in the case before it. The public policy goal of the Small Claims Procedure Act1 is to provide an informal and uncomplicated mechanism for inexpensive and speedy j... More...   $0 (10-18-2011 - OK)

Marsha Criner v. Donna Reddell

At issue in this appeal are various items of real and personal property owned by appellee Donna B. Reddell and her deceased husband, Willard D. Reddell. Appellant Marsha Criner is one of the decedent’s two surviving children and the stepdaughter of appellee. The Boone County Circuit Court set aside a deed from the decedent and appellee to appellant on the basis that appellee lacked the intent to... More...   $0 (10-12-2011 - AR)

Joe Roundtree v. Dough Henton d/b/a D & L Engine & Hydraulics

Joes Roundtree sued Doug Henton d/b/a D & L Engine & Hydraulics on replevin and damage theories claiming that Defendant would not complete agreed upon work on his Kubota Tractor and would return the tractor in good operating order.... More...   $1 (08-12-2011 - OK)

Odette Rogers v. Bob Bailey

¶1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferr... More...   $0 (07-29-2011 - OK)

Anthony Smith v. Lewis Auto Body

[¶1] Appellant, Anthony Smith, appeals from an Order and Judgment awarding damages to Appellee, Lewis Auto Body, for costs incurred in connection with the repair and storage of his vehicle. Mr. Smith contends the district court erred in awarding damages for storage beyond the date that his insurer demanded release of the vehicle.

We reverse.

ISSUE

[¶2] Mr. Smith presents the... More...
   $0 (07-13-2011 - WY)

Frannie Walden v. Kayce Brians

Frannie Walden sued Kayce Brians on a breach of contract theory. Defendant counterclaimed on replevin, conversion, breach of constructive trust, breach of implied contact and unjust enrichment.... More...   $1 (07-05-2011 - OK)

Girl Scouts-Western Oklahoma Inc. v. Barringer-Thomson

¶1 The defendant/appellant Marilyn Barringer-Thomson (Attorney) is an attorney who represented Girl Scouts-Sooner Council, Inc. (Sooner) on employee severance and other matters related to employees of Sooner.1 Subsequently, Sooner merged with Girl Scouts-Red Lands Council, Inc. (Red Lands) and the surviving corporation is the plaintiff/appellee, Girl Scouts-Western Oklahoma, Inc. (Western). Weste... More...   $0 (03-29-2011 - OK)

Elizabeth D. Benson v. Joseph F. Harrell

This appeal arises from a civil case in which plaintiffs, Benson and Blair, alleged that defendant had breached an agreement to purchase a truck from them. The case was sent to mandatory court-annexed arbitration, where defendant eventually prevailed and was awarded attorney fees. Accordingly, the trial court entered a general judgment pursuant to which plaintiffs were to pay defendant the sum of ... More...   $0 (03-09-2011 - OR)

Falls Motor City, Inc. v. Tracey Darvoich

{¶1} Defendant-Appellant, Tracey Darovich, appeals from the judgment of the Summit County Court of Common Pleas in favor of Falls Motor City, Inc. dba Falls Chrysler Jeep Dodge (“Falls Motor City”). This Court affirms.

I

{¶2} This Court set forth the factual and procedural history of this case in Darovich’s first appeal as follows:

“In May 2008, Darovich sought to pu... More...
   $0 (03-02-2011 - OH)

Ruffian, L.L.C. v. D. Thomas Haynes

{¶1} Defendant-appellant, D. Thomas Hayes ("Hayes" or "appellant"), appeals the judgment granted by the Franklin County Court of Common Pleas in favor of plaintiffappellee, Ruffian, LLC ("Ruffian" or "appellee"), enforcing a settlement agreement and awarding attorney fees and expenses for frivolous conduct in accordance with R.C. 2323.51. For the reasons that follow, we affirm in part and reverse... More...   $0 (02-24-2011 - OH)

Farm Credit Services of America, Inc. v. Daniel M. Wilson

¶1 In this action for foreclosure of security interest and an order of delivery, Plaintiff/Appellant, Farm Credit Services of America, Inc., a Nebraska Corporation (Farm Credit), seeks review of the trial court's order granting summary judgment to Defendants/Appellees, Daniel M. Wilson and Nancy L. Wilson. For the reasons set forth below, we reverse and remand for further proceedings.

¶2 ... More...
   $0 (02-10-2011 - OK)

Richard Mathis v. County of Lyon

This case concerns the actions of Richard Glover, the Public Administrator of Lyon County, Nevada, after the death of Joe Mathis. Before us is an interlocutory appeal based only on the allegations in the complaint denying qualified immunity for Glover’s actions in entering Joe Mathis’s home without a warrant and failing to give notice to his sons before doing so.

The complaint makes the... More...
   $0 (02-01-2011 - NV)

Katharine Randall v. Steven D. Randall

Katharine Randall, the Former Wife, appeals from a final judgment of dissolution of her marriage to the Former Husband, Steven Randall. We agree with the Former Wife that the trial court erred in requiring her to return her engagement ring to the Former Husband after he had listed the ring as her nonmarital property.

Accordingly, we reverse that portion of the judgment requiring the Former ... More...
   $0 (01-28-2011 - FL)

Sandra Landsman v. Auto Showcase Motorcars of Palm Beach, LLC

In this matter we decide whether the trial court erred in granting a motion to dismiss Carolyn Edwards’s third-party complaint for conversion against Sandra Landsman, the owner/managing agent of Auto Showcase Motorcars of Palm Beach, LLC (“Auto Showcase”). The trial court, without explanation, dismissed Edwards’s third-party complaint against Landsman along with all of her counterclaims ag... More...   $0 (01-12-2011 - FL)

Curt Daniels v. John Holtz

“Won’t you be my neighbor?”1 Curt Daniels, the owner of a corporation sold at a sheriff’s sale, seeks to have the sale set aside because, he argues, it lacked a just appraisal, the appraisers were not “disinterested householders of the neighborhood,” and the property sold for a grossly inadequate price. Iowa Code § 626.93 (2005). Daniels argues it is improper to adjust the appraisal o... More...   $0 (12-30-2010 - IA)

Lula M. Henry v. New Jersey Department of Human Services

In Montells v. Haynes, 133 N.J. 282 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285. In this case we exami... More...   $0 (12-10-2010 - NJ)

The Swift, Inc. v. John J. Sheffey

A gospel music group from Tennessee known as The Swift, Inc., asks us to reverse the district court’s denial of its replevin action seeking to regain possession of its customized touring van. The group’s van broke down in the Quad Cities en route to a concert in Lakota, Iowa. The Swift seeks return of the van from John Sheffey,1 a Davenport mechanic who dismantled its engine. The Swift contend... More...   $0 (11-24-2010 - IA)

Elton Gates v. City of Chicago

Persons who are arrested by Chicago police officers often are carrying small amounts of cash which the officers seize1 and inventory at the time of arrest. The plaintiffs here were arrestees from whom police officers confiscated small amounts of cash.

The arrestees unsuccessfully sought the return of their money and challenged the City’s policies governing the return of seized funds. Th... More...
   $0 (09-27-2010 - IL)

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