Adoption Law
 
In the Interest of D.E., a child

Alfred E. appeals the trial court’s order terminating his parental rights to his daughter D.E. On appeal, Alfred E. argues the evidence is legally and factually insufficient to support the trial court’s finding that termination was in his daughter’s best interest. We affirm.

BACKGROUND

Only two witnesses testified at the termination hearing: Jennifer Scardino, a conservatorship... More...
   $0 (03-12-2014 - TX)

United States of America v. Richard David Wyss

The issue before us is whether 18 U.S.C. § 3563(c), which generally authorizes a district court to modify a defendant’s conditions of probation, authorized the court in this case to modify an order of restitution imposed pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. § 3663A, over three years after the judgment of sentence became final. Reviewing this question of statutory ... More...   $0 (03-12-2014 - UT)

Marcia Eisenhour v. Weber County

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Ms. Eisenhour, the judge (Craig Storey) sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah’s Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The di... More...   $0 (03-12-2014 - UT)

United States v. ConocoPhillips Company

In the 1970s and 1980s, the Internal Revenue Service was embroiled in a tax dispute with multiple companies (including Phillips Petroleum Company and Arco Transportation Alaska, Inc.1) that had jointly developed a pipeline system. The parties agreed to settle the dispute through a closing agreement. After entering the agreement, Phillips Petroleum Company (now ConocoPhillips Company2) acquired Arc... More...   $0 (03-12-2014 - OK)

Powder River Basin Resource Council v. Wyoming Oil and Gas Conservation Commission

[¶1] Appellants Powder River Basin Resource Council, Wyoming Outdoor Council, Earthworks, and Center for Effective Government appeal from a district court order affirming the Wyoming Oil and Gas Conservation Commission (Commission) Supervisor’s denial of a public records request. Recently-adopted regulations require companies engaged in hydraulic fracturing to disclose the chemical compounds us... More...   $0 (03-11-2014 - WY)

Storagecraft Technology Corporation v. James Kirby

James Kirby says the jury’s award against him is too much. True, he helped start and served as a director of StorageCraft, a computer software company. True, after a falling out with his colleagues he stole the computer source code on which the company’s products depend. True, he shared the source code with NetJapan, a rival company that quickly produced a competing software product much like ... More...   $0 (03-11-2014 - UT)

Magdy M. Youssef v. Tishman Construction Corporation, Turner Construction Company

This case concerns the proper application of Federal Rule of Civil Procedure 41(a), which governs the voluntary dismissal of an action. Youssef, the plaintiff and appellant, filed a qui tam action under the federal and New York

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False Claims Acts. Subsequently, before the defendants had filed an answer or had made a motion for summary judgment, the plaintiff sought to voluntarily di... More...
   $0 (03-10-2014 - NY)

Robert A. Baird v. Gloria Baird

¶1 Robert Baird sought and obtained a stalking injunction against his mother, Gloria Baird. The district court entered the three year injunction after determining that Gloria’s nearly daily phone calls to Robert were causing him emotional distress. On appeal, we are asked to determine whether the district court erred in entering the injunction based solely on its finding that Gloria’s conduct... More...   $0 (03-07-2014 - UT)

David Esparaza v. County of Los Angeles

Plaintiffs David Esparza, Alan Mark, Anthony Mora, and Irene Redd were peace officers employed by the Los Angeles County Office of Public Safety (OPS). The Los Angeles County Board of Supervisors voted to dissolve OPS and merge its functions with that of the Los Angeles County Sheriff’s Department. Plaintiffs each had the opportunity to apply for deputy sheriff positions, but did not meet the Sh... More...   $0 (03-06-2014 - CA)

L.H. V. Texas Department of Family and Protective Services

L.H., who is the maternal grandmother of B.M.R. and E.N.W., appeals from the trial court’s order of dismissal granting the plea to the jurisdiction of appellee Texas Department of Family and Protective Services (the Department).1 For the reasons that follow, we affirm the trial court’s order.

BACKGROUND

The Department filed its original petition in December 2011 seeking to termin... More...
   $0 (03-06-2014 - TX)

In the Interest of N.A., minor child

Appellant A.E. (Anjelica) appeals the trial court’s order terminating her parental rights to her children, M.A. (Margaret) and A.A. (Allison). Appellant C.M. (Courtney) appeals the trial court’s order terminating her parental rights to her child, N.A. (Natasha). Appellant N.A. (Nigel) appeals the trial court’s order 1See Tex. R. App. P. 47.4. 2 terminating his parental rights to his children... More...   $0 (02-28-2014 - TX)

Jose Castellanos v. Tommy John, LLC

¶1 Plaintiff Josue Castellanos appeals from the district court’s
grant of summary judgment in favor of defendant Tommy John,
LLC (Tommy John) on Castellanos’s claims for negligent hiring and
for vicarious liability based on intentional torts committed by a
security company’s employees. We affirm.
Castellanos v. Tommy John, LLC
BACKGROUND1
¶2 On August 14, 2009, ... More...
   $0 (02-27-2014 - UT)

Randall Holt and Judy Holt v. Sondra Kelso, Independent Administrator of the Estate of Helen Jones Schweng, Deceased

Appellee Sondra Kelso, in her capacity as independent administrator of the estate of Helen Jones Schweng, brought suit against Peggy McCoy, Eugene Braun, and appellants Randall Holt and Judy Holt to recover estate assets.1 Following a bench trial, the trial court found all four defendants jointly and severally liable to Sondra for breach of fiduciary duty, conversion, theft, and civil conspiracy a... More...   $0 (02-26-2014 - TX)

The Estate of H. Kent Dahlke v. Jay D. Dahlke

[¶1] The Estate of J. Kent Dahlke included a checking account he held jointly with his surviving wife Sara Dahlke. There were irregularities in the administration of the estate, including failure to assure that the heirs waived a hearing on a decree of distribution, and failure to advise Sara Dahlke of her statutory elective share. Sara served as the personal representative of Kent’s estate. Af... More...   $0 (02-25-2014 - WY)

Powder Run at Deer Valley Owner Association v. Black Diamond Lodge at Deer Valley Association of Unit Owners and Park City Municipal Corporation

¶1 This case involves a challenge to the dedication of an
easement as a public street in Park City. The easement crosses
Powder Run v. Black Diamond
2. In reviewing the district court’s grant of summary judgment, we
view the facts and all reasonable inferences drawn therefrom in the
light most favorable to Powder Run, the nonmoving party. Orvis
v. Johnson, 2008 UT 2, ¶ ... More...
   $0 (02-21-2014 - UT)

R.P. v. K.S.W.

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
... More...
   $0 (02-21-2014 - UT)

Arnold J. Schmidt v. Bank of America

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla... More...   $0 (02-21-2014 - CA)

Nodak Mutual Insurance Company v. Eric Bahr-Renner

[¶1] Eric Bahr-Renner, Sara Daede, Ashley Collins, J.C. (a minor), Emily Young, and Kenneth McCoy (collectively "claimants") appeal from a judgment that only the lower, "step-down" policy limits in an automobile insurance policy were available for their damages sustained in an automobile accident. We affirm, concluding the district court's finding of fact that Mary Gwyther was not a resident of h... More...   $0 (02-20-2014 - ND)

In the Interest of C.L.B., a Child

Asserting twenty-five issues, Appellant K.L. appeals the trial court’s termination of her parental rights to her son C.L.B. after a jury trial. We will affirm. Background: C.L.B. was born in Indiana in July 2010 and lived there with Appellant, his mother, and Harry, his now-deceased father. On September 18, 2011, when C.L.B. was approximately fifteen months old, Appellant and Harry signed a writ... More...   $0 (02-20-2014 - TX)

The City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The sole issue presented in this appeal is whether a trial court has jurisdiction to award attorney’s fees under the Uniform Declaratory Judgments Act in a lawsuit filed against a city by developers seeking to enforce their vested rights under Chapter 245 of the Texas Local Government Code. Because we hold that the recovery of attorney’s fees from the city under the UDJA is incidental to and r... More...   $0 (02-19-2014 - TX)

Country Contractors, Inc. v. A Westside Storage of Indianapolis, Inc.

Country Contractors, Inc. (“Country”) entered into a contract to provide excavation services for A Westside Storage of Indianapolis, Inc. (“Westside”). Country subcontracted out a substantial portion of the work and eventually left the worksite without completing the job. Westside filed a breach of contract action against Country and its two shareholders, Stephen Songer and Jahn Songer (... More...   $0 (02-12-2014 - IN)

Hill Country San Antonio Management Services, Inc. v. Rachel Trejo

On December 14, 2012, Appellee Rachel Trejo filed suit as Next Friend of her adult child, Rene Trejo, asserting that Hill Country Achievement Center breached the standard of care applicable to an adult day-care facility by failing to monitor or assist Rene Trejo as he exited a van after a facility outing. Hill Country originally denied the facility was a health care provider under the Texas Medica... More...   $0 (02-12-2014 - TX)

Loretta Branch v. Monumental Life Insurance Company

In this dispute over life-insurance proceeds, the deceased insured’s former wife appeals the trial court’s ruling that she is not entitled to the interpleaded funds. Her adult son and daughter also have attempted to appeal the judgment.

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We dismiss the daughter’s appeal for want of prosecution and dismiss the son’s appeal for want of jurisdiction. We affirm the judgment as i... More...
   $0 (02-11-2014 - TX)

In The Matter of the Adoption of John Doe and John Doe I

This appeal arises from the dismissal of a petition for adoption filed by Jane Doe, the long-time domestic partner of Jane Doe I. Jane Doe I is the legally recognized parent of the two children subject to the adoption: John Doe and John Doe I. The magistrate court dismissed Jane Doe’s petition for adoption when there was no opposition to the petition, without inviting legal briefing, without not... More...   $0 (02-10-2014 - ID)

Luis Jesus Guzman v. Dale Piercy v. Canyon County

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe... More...   $0 (02-07-2014 - ID)

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AK Morlan
Kent Morlan, Esq.
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