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Replevin Law
Nicole L. Musick v. State Farm Bank

Melissa Bradley appeals from an oral order in Nicole Musick’s small claims replevin action to recover a vehicle in Bradley’s possession.[2] Bradley argues that the trial court erred in ordering her to sell the vehicle and split the proceeds equally with William Davis, a non-party witness in this action. Bradley contends that courts may not issue money judgments in replevin actions, and that ... More...   $0 (10-08-2009 - WI)

Excel Bank v. National Bank of Kansas City d/b/a Great American Acceptance Company

Excel Bank ("Excel") appeals from a summary judgment in favor of National Bank of Kansas City d/b/a Great American Acceptance Company ("GAAC") on Excel's replevin action concerning eighteen vehicles that GAAC seized from a used car dealer, Miles Truck and Auto ("Miles"). For the following reasons, we affirm.

The underlying facts are undisputed. On March 5, 2004, GAAC advanced money to Miles... More...
   $0 (06-30-2009 - MO)

John Hardison Properties, Inc. v. Tim Esau

John Hardison Properties, Inc. sued Tim Esau on a replevin theory.

The claims made and defenses asserted are not available.... More...
   $0 (06-03-2009 - OK)

Francis Groshek and Karen Groshek v. Michael G. Trewin

¶1 In this action Francis and Karen Groshek claim their former attorney, Michael G. Trewin, breached his fiduciary duty to them in the course of purchasing their property, which included their homestead. The circuit court denied Trewin’s motion for summary judgment and, after a trial to the court, determined that Trewin had breached his fiduciary duty. The court ordered rescission of the contra... More...   $0 (03-26-2009 - WI)

Thomas Gibson, Jr. v. Regions Financial Corp.

Thomas Jerry Gibson, Jr., commenced this action against his former car dealership’s secured lender, Regions Bank and its parent company (collectively, “Regions”), asserting a variety of tort claims arising out of the failure of the business.

The district court1 granted summary judgment dismissing all claims. Gibson appeals the dismissal of claims for abuse of process, malicious prosec... More...
   $0 (03-02-2009 - AR)

Jim Aaron v. Susan J. Mahl v. Merrill Lynch, Pierce, Fenner & Smith

Susan Mahl and Jim Aaron were live-in lovers in southern California in the late 1990s. But the romance only lasted until 2001 when Aaron left Mahl for another woman. However, for the past seven years or so, Aaron has been arduously pursing Mahl, from California to Indiana and then South Carolina; but sadly, not because he is having second thoughts about the demise of their relationship—as you wi... More...   $0 (12-23-2008 - IN)

Robert G. Vineberg, et al. v. Maria-Louise Bissonnette

This case has its roots in one of history's bleakest periods: the Holocaust. It began with the de facto confiscation of a valuable work of art by the Third Reich, which eventually led to the litigation that confronts us today.

In its present form, the case presents a narrow legal question concerning the viability of a laches defense asserted by the current possessor of the work o... More...
   $0 (11-19-2008 - RI)

WSH Properties, L.C.C. v. Curt N. Daniels and Indian Creek Corporation

The defendants appealed the trial court’s denial of their motion for new trial, claiming the jury’s excessive damage award was the result of passion. The court of appeals held the trial court abused its discretion in ordering a remittitur rather than a new trial in view of the trial court’s impression the jury was motivated by anger and a desire to punish the defendants. We granted further r... More...   $107000 (10-21-2008 - IA)

Noble Systems Corporation v. Alorica Central, LLC

Noble Systems Corporation sued Alorica Central, LLC, Pandora Select Partners, LP, and Whitebox Advisors, LLC (doing business as Pandora Select Partners, LP)1 for tortious interference with a business relationship, fraud and intentional and negligent misrepresentation, conversion, unjust enrichment, and conspiracy to defraud Noble and convert its property. Noble also sued Alorica for replevin. Base... More...   $0 (10-08-2008 -

Hirsch Holdings, LLC v. Hannagan-Tobey, LLC

¶1 Plaintiffs/Appellants Hirsch Holdings, L.L.C., et al. (individually, by name, or collectively, Hirsch or Plaintiffs), seek review of the trial court's orders denying their motion to vacate an arbitrator's award for Defendants/Appellees Hannagan-Tobey, L.L.C., et al. (individually, by name, or collectively, Hannagan or Defendants), and granting Defendants' motion to confirm the arbitrator's dec... More...   $0 (10-02-2008 - OK)

JCB, Inc. v. Union Planters Bank, N.A. and Machinery, Inc.

JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...   $1087500 (08-26-2008 - MO)

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)

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