In this wrongful death action arising out of an automobile accident, the jury found the decedent at fault for his own death due to his failure to wear a seatbelt. It awarded fewer damages than the plaintiff sought. On appeal, the decedent’s estate argues that the court abused its discretion in admitting hearsay that the decedent’s wife spent the parties’ money on drugs; abused its discretion... More...   $0 (04-08-2015 - FL)

S.D.A. (the Mother) appeals from the decree terminating her parental rights
to her Children, T.L.R. and T.J.R. (the Children).1 The Mother raises three issues
challenging the legal and factual sufficiency of the evidence supporting the two
predicate termination grounds recited in the judgment and the trial court’s finding
that termination of the Mother’s parental rights is in t... More...   $0 (04-02-2015 - TX)

The trial court terminated Evelyn’s1 parental rights to her three minor children, X.R.L., S.J.S., and Z.N.S., after finding that the termination was warranted pursuant to Section 161.001(1)(D), (E), (N), (O), and (P) of the Texas Family Code and that termination was in the best interests of the children. Evelyn appeals this ruling, contending that the evidence is factually insufficient to suppor... More...   $0 (04-01-2015 - TX)

Tulsa, OK - John Burckhalter and Salle Burchalter sued Steven C. Anagost, M.D., Spine & Orthopedic Institute, AHS Hillcrest Medical Center, L.L.C., Dustin Wayne Schmucher, Letha Grant, Craig Cameron, M.D. and Oklahoma Heart Institute on medical negligence theories claiming:

1. That tEe Plaintiffs, John BurckhaIte and Sallye Burckhalter, are lawfi.ilIy
wedded husband and wife residing ... More...   $1 (03-31-2015 - OK)

Petitioners, Steve Fick, James Wells, and Fishhawk
Fisheries, Inc., seek judicial review of certain rules adopted
by respondent Oregon Department of Fish and Wildlife
(ODFW).1 In particular, pursuant ORS 183.400(1),2 petitioners
challenge a series of administrative rules entitled
“Columbia River Recreational and Commercial Fisheries
Management Strategies,â€� numbered OAR ... More...   $0 (03-18-2015 - OR)

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)

¶1 Respondent/Appellant James McGahey (Respondent) appeals from the trial court's March 26, 2014 Order granting the motion for summary judgment of Petitioner/Appellee Ray McGahey (Petitioner), and from the trial court's April 23, 2014 Order determining, among other matters, the heirs at law of Ernest A. McGahey (Decedent). Based on our review, we affirm.

BACKGROUND

¶2 Petitione... More...   $0 (03-18-2015 - OK)

Amy Makaros (“Makaros�) appeals the order denying her verified motion to set
aside a final judgment of stepparent adoption. She argues that the trial court erred in
determining that Florida was the child’s “home state� when the final judgment was
entered, and, therefore, the final judgment is void for lack for subject matter jurisdiction.
Utilizing the “tipsy coachmanâ€... More...   $0 (03-13-2015 - FL)

Cynthia McGarvey, the former wife, appeals the final judgment dissolving her
marriage to Robert McGarvey, the former husband. She argues that the trial court erred
in ruling on timesharing, child support, and attorney’s fees. We agree that the trial court
erred in ruling on timesharing and, as a result, the child support may need to be
2
recalculated. We find no error in the ... More...   $0 (03-13-2015 - FL)

Appellant T.R.R. aka T.R.W. (the Mother) appeals the termination of her
parental rights to the Children, T.R.M. aka T.M. (the Daughter) and T.J.W. aka
T.W. (the Son).1 In her sole issue, the Mother challenges the legal and factual
sufficiency of the evidence to support the trial court’s finding that termination of
her parental rights is in the Children’s best interest. Concludi... More...   $0 (03-10-2015 - TX)

We issued an opinion in this case on December 30, 2014, affirming the trial court’s judgment. Appellant, Rick Wood, subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing,
2
withdraw our earlier opinion and associated judgment, and issue this substitute opinion and judgment in their stead.
This is an appeal from a Travis... More...   $0 (03-05-2015 - TX)

Appellants K.L. and J.R.L. each challenge the trial court’s order of termination of
their parental rights to T.R.L. and C.J.L. We will affirm.
In a proceeding to terminate the parent-child relationship brought under section
161.001 of the Family Code, the Department must establish by clear and convincing
evidence two elements: (1) one or more acts or omissions enumerated under su... More...   $0 (03-05-2015 - TX)

K.M. appeals from the trial court’s judgment terminating her parental rights to her daughter, J.M. In two issues, K.M. contends that (1) the trial court erred in failing to timely appoint her counsel and (2) the evidence was legally insufficient to support the termination of her parental rights. We affirm.
2
Background
In August 2013, when J.M. was six months old, the Department of F... More...   $0 (03-05-2015 - TX)

[¶1.] Aaron Terveen was on a business trip from Belle Fourche to Yankton, South Dakota. On the return trip, Terveen was injured in a car accident outside Belle Fourche while driving on a dead-end road just off the highway. Terveen applied for workers’ compensation benefits. The Department of Labor granted Terveen’s claim, but the circuit court reversed. We affirm.
Facts and Procedural His... More...   $0 (03-04-2015 - SD)

The deadline was looming for aspiring prime contractors to submit their bids to TexAmericas Center to build a wastewater treatment plant on its property in Bowie County. The subcontract bid of Chrietzberg Electric, Inc. (Electric) submitted at the last minute by Richard Marc Chrietzberg (Chrietzberg) to aspiring prime contractor Heritage Constructors, Inc. (Heritage), for the electrical portion of... More...   $0 (03-04-2015 - TX)

¶1 In this paternity action, Respondent/Appellant, Vernon McDowell, appeals from the trial court's decree of paternity and its order denying his motion to vacate the decree of paternity. Appellant admitted to the trial court that he is the putative father of the minor child, R.D.P. Based on that admission, we cannot find the trial court exceeded its jurisdiction in decreeing Appellant's paternity... More...   $0 (03-02-2015 - OK)

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)

Petitioner Universal Protection Service, L.P. (Universal) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting real party in interest Floridalma Franco's demand to arbitrate her employment-related disputes with Universal and ruling the arbitrator would decide the arbitrability of Franco's class action claims. Universal contends the court legally erred ... More...   $0 (02-27-2015 - CA)

Plaintiff WSB Investments, LLC owns an interest
in a timeshare unit at the Residence Club at Pronghorn
Villas Condominiums and, as a consequence of that ownership,
is a member of the associated nonprofit homeowners
association, the Residence Club at Pronghorn Villas
Condominiums Owners Association (the Res Club). When
the timeshare development, and the management of it byMore...   $0 (02-25-2015 - OR)

Deborah Barkley (“Barkleyâ€�) sued McKeever Enterprises, Inc. (“Price Chopperâ€�), alleging various torts arising out of her 46-minute detention at Price Chopper for suspected shoplifting. At the close of the evidence, Barkley elected to submit only her claims for false imprisonment and battery to the jury. The jury found for Price Chopper on both claims. Barkley appeals, and the judgment is a... More...   $0 (02-24-2015 - MO)

Appellant Michael Karns, owner of the El Fenix chain of Mexican food restaurants in the
Dallas-Fort Worth Metroplex, sought to purchase a competing chain of Mexican food restaurants
from Appellees Jalapeno Tree Holdings, L.L.C., Mark S. Parmerlee, and Paul Bambrey
(collectively “Jalapeno Tree�). Although the parties initially agreed to certain terms outlined in a
letter of inte... More...   $0 (02-21-2015 - TX)

Contender Farms, L.L.P. and Mike McGartland appeal the district court’s order granting summary judgment in favor of the United States Department of Agriculture (“USDAâ€�). McGartland owns Contender Farms, and each actively participates in the Tennessee walking horse industry by buying, selling, and exhibiting horses. They challenge a USDA regulation (the “Regulationâ€�) promulgated under the... More...   $0 (02-19-2015 - TX)

In 2010, the legislature enacted a new guardianship statute,
chapter 13.36 RCW (new statute), to create permanency for children in foster care
through the dismissal of dependency and the appointment of a guardian. RCW
13.36.010. This case involves whether the preponderance of the evidence standard
of proof satisfies due process and whether the record supports the trial court's
... More...   $0 (02-19-2015 - WA)

¶1 We accepted jurisdiction pursuant to C.A.R. 21.1 to answer questions of state law certified to this court by the United States Court of Appeals for the Tenth Circuit regarding the applicability of the “notice-prejudice rule� to claims-made insurance policies.

¶2 Under the notice-prejudice rule, an insured who gives late notice of a claim to his or her insurer does not lo... More...   $0 (02-17-2015 - CO)

The principal issue in this appeal concerns Government Code section 40602’s mayoral signature requirement for municipal contracts and whether the mayor’s purported refusal to sign a contract duly approved by the city council authorizes the mayor pro tem to sign the contract in the mayor’s “absence� under Government Code section 40601. We conclude it does not.
Since 1962, Arakelian En... More...   $0 (02-13-2015 - CA)