M ORE L AW
LEXAPEDIA
Home
Verdicts
and
Decisions
Search Database
Recent Cases
Cases By Subject
Report A Case
Lawyers
Search Directory
By State & City
Add A
Lawyer Listing
Court
Reporters
Recent Listings
Search
By States & City
Add A Basic
Reporter Listing
Expert
Witnesses
Recent Listings
Search Directory
By State & Expertise
Add A Basic
Expert Witness
Listing
MoreLaw
Store
The Store
Recent Listings
(Search)
Add A Basic
Classified Ad
Links
County Seats
State Links
Information
About MoreLaw
Contact MoreLaw


Texas Partition Law
 
Helen Butts Tipps v. Chinn Exploration Company and Cherokee Royalty Syndicate

The appearance of settled mineral ownership—which had surrounded three neighboring tracts of oil-and-gas-producing land in Gregg County since the late 1800s or early 1900s—was shattered beginning in late 2008 when three different lawsuits arose involving eight parties, one consolidation, multiple partial summary judgments, and two trials. One group of the parties generalized it well: “This c... More...   $0 (09-05-2014 - TX)

Larry Long v. Miken Oil, Inc. and Mike Tate

This cause originated as a suit by Miken Oil, Inc. and Mike Tate (Appellees or Plaintiffs), to recover operating expenses they incurred in the operation of three oil and gas leases in Gregg County, Texas. The case was tried on Appellees’ claim that they and Appellant, Larry Long (also Defendant), were cotenants of the three leases and that, as the operating cotenants, Appellees were entitled to ... More...   $0 (08-24-2014 - TX)

The Heirs of Andres Garcia and Francisca Menchaca v. Atlee Parr, Ranch Enterprises LLC, Los Orcones Ranch LTD and Los Orcones Ranch Management LLC

This is an appeal of a take-nothing summary judgment adjudicating title to approximately 11,000 acres of real property in Duval County. Because we conclude appellants failed to produce evidence that they hold title to any part of the property at issue, we affirm the trial court’s judgment.
1 Sitting by assignment.
04-12-00767-CV
FACTUAL AND PROCEDURAL BACKGROUND
The property in d... More...
   $0 (08-13-2014 - TX)

Cathie Reisler v. Keith Reisler

Cathie Reisler appeals the trial court’s final decree of divorce, dissolving her marriage to Keith Reisler and dividing their marital property. Cathie Reisler raises four issues on appeal arguing the trial court erred when it: (1) awarded Keith Reisler a disproportionate share of the community estate because it made numerous calculation errors in the property division; (2) failed to award her a ... More...   $0 (08-05-2014 - TX)

Phillip C. Watrous, Individually, and as Trustee Under the Watrous Family Living Trust v. The State of Texas

The State of Texas sued Phillip C. Watrous, individually and as trustee under the
Watrous Family Living Trust (Watrous), alleging that he violated the Texas Local Government Code
by failing to plat property located in Cameron County that he subdivided for residential use (the
Property). See Tex. Loc. Gov’t Code §§ 232.021-.043 (subdivision platting requirements for
counties nea... More...
   $0 (07-30-2014 - TX)

Cynthia Schlapper v. Rand K. Forest and Crosswater Yacht Club, L.P.

Cynthia Schlapper appeals pro se from the trial court’s order dismissing her claims
against Rand K. Forest and Crosswater Yacht Club, L.P., ordering her to refrain from filing further
pleadings asserting such claims, and awarding Crosswater attorney’s fees. For the reasons that
follow, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
This appeal arises from a long-running prope... More...
   $0 (07-30-2014 - TX)

Robert Samaniego v. Mary Samaniego

Appellant Robert Samaniego appeals from a final decree of divorce. On appeal, Robert raises four issues, contending he was denied his rights to Due Process and Due Course of Law under the United States and Texas Constitutions when: (1) the attorneys committed fraud; (2) the trial court divided the community property using “inaccurate property details and appraisal valuation,” rendering the jud... More...   $0 (06-25-2014 - TX)

The Staley Family Partnership, LTD v. David Lee Stiles, et al

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

Adrian Broncha Alexander v. The State of Texas

In four issues, appellant, Adrian Broncha Alexander, challenges the trial court’s denial of his motion to suppress. We affirm.

I. BACKGROUND

Here, appellant was charged by indictment with unlawful possession of a controlled substance, cocaine, in an amount less than one gram in a drug-free zone, a second-degree felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2010); see ... More...
   $0 (05-29-2014 - TX)

In the matter of the Estate of J.L. Beasley, deceased

Kelly Ashworth Stovall, Appellant, appeals the final judgment entered by the assigned statutory probate judge, the Honorable Robert E. Price, who construed the Last Will and Testament of J.L. Beasley. Judge Price held that J.L. intended to give Appellant 80 acres located on the east side of the western half of the 320-acre tract of land, but not the house or barn located on the 320-acre tract. App... More...   $0 (05-22-2014 - TX)

Julio M. Aguilera v. Delmis S. Aguilera

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has... More...   $0 (04-23-2014 - TX)

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc.

This appeal arises from a lawsuit in which the appellants alleged adverse possession of an easement across their property. The easement was previously expressly granted by their predecessor-in-interest to the predecessor-in-interest of Double Knobs Mountain Ranch, Inc. The appellants claimed they had adversely possessed the easement, but after a bench trial, the trial court disagreed and entered j... More...   $0 (01-22-2014 - TX)

In the Estate of Consuella Perkins Ulbrich, Deceased

On September 18, 2013, we issued an opinion affirming the probate court’s judgment in part, reversing the probate court’s judgment in part, and remanding the cause to the probate court. See Estate of Ulbrich, No. 04-12-00514-CV, 2013 WL 5297161 (Tex. App.—San Antonio Sept. 18, 2013). Appellant then filed a motion for rehearing. After requesting a response, we grant appellant’s motion for r... More...   $0 (01-17-2014 - TX)

Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac... More...   $0 (12-22-2013 - TX)

Paula Lehne Netherton v. Jacintha Cowan, Ind. and as the Indep. Executor of the Estate of James Dennis Lehne, Jr., Shannon Sucher and James Dennis Lehne, III

This appeal involves the construction of James Dennis Lehne, Sr.’s will. At issue is whether Paula Lehne Netherton (“Paula”) or James Dennis Lehne, Jr.’s Estate and his beneficiaries (collectively “Jr.’s Estate”) are the owners of 423.911 acres in Menard County (“the Property”) bequeathed by James Dennis Lehne, Sr. in his will. In the trial court, both parties moved for summary j... More...   $0 (08-18-2013 - TX)

Jimmie Luecke Children Partnership, Ltd. v. Elaine Pruncutz, John Pruncutz and Amy Peters

Appellant Jimmie Luecke Children Partnership, Ltd. (Partnership) challenges a final judgment in which the district court, following a bench trial in a partition suit, approved a commissioners’ report partitioning land owned by the Partnership and Appellees Elaine Pruncutz, her husband John Pruncutz, and her daughter Amy Peters (collectively, Pruncutz). Pruncutz filed this suit to partition in ki... More...   $0 (08-15-2013 - TX)

Maneese Wall v. Phillip M. Orr, Jr.

This is an appeal from a summary judgment granted on the grounds of res judicata or collateral estoppel. Maneese Wall sued Phillip M. Orr, Jr., as Trustee of the Orr Family Trust for debt and breach of fiduciary duty alleging Orr did not pay her a distribution in the same manner as paid to other contingent beneficiaries. Orr’s answer, among other things, raised the defenses of res judicata and c... More...   $0 (07-30-2013 - TX)

Lillie Phillips v. Irene Schneider

Lillie Phillips brought an action seeking to obtain an easement by necessity across land owned by her cousin and neighbor Irene Schneider. The trial court failed to find that she carried her burden of proof and rendered judgment denying her claim. Phillips appeals the take-nothing judgment. Phillips complains in two issues that the evidence is legally and factually insufficient to support the tria... More...   $0 (07-31-2013 - TX)

LeAnn Randall v. Goodall & Davison, P.C. and J. Mark Avery

This appeal concerns litigation that arose after a widowed wife, appellant LeAnn Randall, discovered that her late husband, Dr. Bob Randall, had left her less of an inheritance than she claims he promised her. Alleging that she had been tortiously deprived of her interest in community property that Bob had transferred to an irrevocable trust benefitting his children from a prior marriage, LeAnn su... More...   $0 (07-02-2013 - TX)

Robert F. Meekins, Jr. v. Roy Wisnoski and Mari Kay Wisnoski

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.” In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

Paul Michael Leighton v. Elizabeth Rebeles

Paul Michael Leighton appeals the trial court’s judgment declaring that he and Elizabeth Rebeles formed a general partnership and dividing the partnership assets between them. Specifically, Leighton challenges the jury’s finding that Rebeles did not release her claim to the partnership assets at issue. Leighton further challenges the trial court’s entry of judgment notwithstanding the verdic... More...   $0 (04-30-2013 - TX)

IN THE MATTER OF THE MARRIAGE OF ELIZABETH JANE BRENT AND ROBERT PRICE BRENT, IV AND IN THE INTEREST OF P.B., A CHILD

In this appeal arising from their suit for divorce, appellant Robert Price Brent IV (husband) complains of an award on a promissory note in favor of appellee, Elizabeth Jane Brent (wife). By cross-appeal, wife challenges the amount of prejudgment interest awarded in her favor on the note. We will affirm the judgment of the trial court.

Background

In the divorce proceeding, wife sough... More...
   $0 (02-21-2013 - TX)

Karen Ann Cervantes Gatlin v. Joey Moore

Appellant Karen Gatlin appeals a judgment entered against her in favor of Joey Moore, appellee. Moore, on behalf of the estate of her deceased father, Joe Sam Irvine, sued Karen and Chris Gatlin for breach of contract, statutory fraud, misrepresentation, violation of Texas Property Code Subchapter D, and quantum meruit. Sitting without a jury, the trial court awarded Moore $22,527.89 based on the ... More...   $0 (02-21-2013 - TX)

Rosalinda Salinas Balderas v. Anna Maria Salinas Saenz

The underlying cause was severed from another cause. As a result of the severance, the only issue in the underlying cause is whether the appellants are entitled to damages for royalties that allegedly were owed to the appellants but paid to the appellees. The appellees moved for a no-evidence summary judgment which the trial court granted. We reverse the trial court’s judgment and remand the cau... More...   $0 (01-30-2013 - tx)

Gerald Byron Barras v. Leslea Loring Barras

Appellant Gerald Byron Barras appeals from a final decree of divorce ordering him to pay appellee Leslea Loring Barras $125,000, to be represented by a promissory note and secured by a deed of trust against Gerald’s separate property, and ordering his separate estate to reimburse the community estate for $154,073 as part of the property division. On appeal, Gerald argues that (1) the trial court... More...   $0 (01-26-2013 - TX)

Curtis L. Delancey v. Marian D. Delancey

Marian Delancey and Curtis Delancey filed a petition and counter-petition for divorce. After a bench trial, the court granted the divorce and divided the parties' property. In a previous appeal, Curtis (1) complained of various aspects of the divorce decree. This Court reversed the portion of the decree dividing the community estate and remanded the cause for a new property division. See Delancey... More...   $0 (01-13-2013 - TX)

Cynthia Ann Fleming v. Davis Hays Fleming, Jr.

In this post-divorce division of marital property case, appellant, Cynthia Fleming (“Cindy”), petitioned the trial court to divide alleged community assets that the court did not divide in the original divorce decree dissolving her marriage to appellee, Davis Fleming (“Davis”). The trial court denied this petition and refused to divide the alleged marital assets. In two issues, Cindy conte... More...   $0 (12-29-2012 - TX)

I-10 Colony, Inc. v. Chao Kuan Lee

We overrule the motion for rehearing, withdraw our opinion dated September 25, 2012, and issue this substitute opinion. This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court held that appellee Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in ... More...   $0 (12-28-2012 - TX)

Stacy J. Williams v. T. Nichole Mai

Stacy J. Williams appeals from the trial court’s rendition of judgment in a suit brought by T. Nichole Mai for partition of 54 acres of real property. Mai also claimed damages from being ousted from the property. Williams counterclaimed for damages for Mai’s failure to contribute towards the necessary expenditures to preserve the property after Mai left the property in 2006. After a bench tria... More...   $0 (12-24-2012 - TX)

Anadarko Petroleum Corporation v. BNW Property Co.

The issue in this appeal is whether two deeds that conveyed a 1/3rd mineral interest also conveyed a 4/9th executive right incident to the mineral interest. Appellant Anadarko Petroleum Corp. argues that the entire 4/9ths executive right passed under the deeds. Appellee BNW Property Co. takes a contrary position, contending that only a 1/3rd (3/9ths) executive right passed under the deeds and th... More...   $0 (12-03-2012 - TX)

Tom and Marie McKenna v. J. Daniel Caldwell

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McK... More...   $0 (10-26-2012 - TX)

Jerry Vernon v. William Perrien

On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B-34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property”). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating:

This letter is to inform you that tha [si... More...
   $0 (10-26-2012 - TX)

I-10 Colony, Inc. v. Chao Kuan Lee

This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court granted declaratory relief to appellee Chao Kuan Lee while finding his trespass to try title claim moot. The court further held that Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in the pr... More...   $0 (09-25-2012 - TX)

Alamo Country Club Owners Association v. James Shelton

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co... More...
   $0 (08-30-2012 - TX)

Dustin McClain Smallridge v. Patricia Robin Smallridge

On May 3, 2010, the trial court entered its final decree of divorce between Dustin McClain Smallridge and Patricia Robin Smallridge.[1] Insofar as the issues in this appeal are concerned, the trial court appointed Dustin and Patricia joint managing conservators of their three children, C.M.S. and C.M.S., who are twins, and E.N.S. Patricia was awarded the sole right to establish the primary resi... More...   $0 (07-26-2012 - TX)

Baker's Campground, Inc. v. Anthony L. McCalla

Baker’s Campground Inc., Kelli Graves, and Kourtnie Graves (Graves) filed suit against Anthony and Cheryl McCalla alleging cloud on title and slander on title based upon the McCallas recording a “Notice of Settlement Agreement” in the Johnson County deed records. On October 23, 2008, the trial court granted the McCallas’ partial motion for summary judgment. On April 21, 2011, the trial cou... More...   $0 (07-26-2012 - TX)

Michael Roberts v. Eva Wilson

Appellants appeal a partial summary judgment in favor of Appellee and the judgment of the trial court in granting Appellee’s petition for partition.[1] Appellants bring six issues: (1) error in the trial court’s granting of partial summary judgment; (2) error in the trial court’s ruling on the effects of a partition deed on a determinable fee or other special conditions and the warranty el... More...   $0 (07-05-2012 - TX)

Javier Mora v. Anna G. Mora

The appeal arises from a divorce proceeding involving Javier Mora and Anna Mora. The only two issues on which Javier presents argument in his brief are whether the trial court: (1) erred in refusing to enforce the parties’ marital agreement pursuant to section 4.102 of the Texas Family Code; and (2) abused its discretion in admitting testimony of an expert witness regarding the value of Javierâ€... More...   $0 (05-16-2012 - TX)

Dianna Jones v. Harold Petsch Brelsford

Dianna Jones brings this interlocutory appeal of the probate court’s orders vacating an arbitration award in her favor and appointing a new arbitrator for rehearing in this dispute with her siblings, Harold Brelsford, Susanna Brelsford, and John Brelsford, over the division of their deceased parents’ estates. Because the arbitration award also affected the property interests of another of Dian... More...   $0 (05-17-2012 - TX)

M. Lawrence Naumann v. Edward R. Lee

In this easement dispute, M. Lawrence Naumann and Naumann Farm, LLC, (sometimes jointly referred to as Naumann) appeal the trial court's summary judgment declaring that Naumann has only a limited easement to access only a portion of his property and that the easement purportedly granting Naumann the right to access the remainder of his property is invalid and does not burden appellees' property. T... More...   $0 (04-05-2012 - TX)

 
Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2012 MoreLaw.com, Inc.