Erika Crackel, et al. v. Allstate Insurance Company |
Appellants Erika Guenther and Tammie Drannan sued Allstate Insurance Company and attorney Blaine Gaub for abuse of process. A jury found Allstate liable and awarded Guenther and Drannan compensatory but not punitive damages. The jury found in favor of Gaub. On appeal, Guenther and Drannan argue that the trial court abused its discretion in excluding evidence of Allstate's behavior in seve... More... $1 (07-25-2004 - AZ) |
Franchise Holding II, L.L.C. v. Huntington Restaurant Group, Inc., et al. |
Huntington Restaurants Group, Inc., Richard P. Beattie and Michelle Beattie (collectively, "HRG") appeal the district court's denial of their motion to set aside an entry of default and a default judgment. While the law favors deciding disputes on the merits, the district court's decision here to deny HRG's motion to set aside the entry of default and default judgment was squarely withi... More... $24874870 (07-23-2004 - AZ) |
James Gagan, Plaintiff-Appellee, LaJunta Monroe, Intervenor-Appellant v. Victor Sharar; James A. Monroe, Defendant-Appellees |
This case concerns execution in a community property state of a judgment obtained in a common law state. Facts The dispute underlying this case has already been the subject of two published decisions by the Seventh Circuit, so we take our facts from those decisions. James Gagan invested substantial funds in a limited partnership to fund, build, and operate cable television system... More... $0 (07-23-2004 - AZ) |
In re Marriage of Robert L. Crook v. Patricia J. Crook |
The petitioner, Robert L. Crook, appeals from the decision of the appellate court holding that: (1) the trial court erred in its division of retirement funds, and (2) the marital estate was not entitled to reimbursement of $40,000 for payment made on a joint loan for improvements to nonmarital property. 334 Ill. App. 3d 377. This court allowed Robert's petition for leave to appeal. 177 Ill. 2d... More... $0 (07-02-2004 - IL) |
Sunbelt Environmental Services, Inc. v. Rieder's Jiffy Market, Inc., Charles F. Rieder, Trustee of the Charles F. Rieder Trust dated the 19th day of April, 1993, and Ozark Mountain Associates, Inc. |
Rieder's Jiffy Market, Inc. ("Jiffy Market"), Charles F. Rieder, as Trustee of the Charles F. Rieder Trust dated April 19, 1993 ("Trustee" ;), and Ozark Mountain Associates, Inc. ("OMA") appeal from a November 10, 2003, judgment granting the motion for creditor's bill filed by Sunbelt Environmental Services, Inc. ("Sunbelt"). Within the judgment, the trial court pierced the corporate veil of Jiffy... More... $67524 (06-29-2004 - MO) |
Bankruptcy for Tops Applicance City, Inc. v. Congressional Financial Corporation |
Donald Biase, trustee in bankruptcy of Tops Appliance City, Inc., brought suit *The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals for the Ninth Circuit, sitting by designation. 2 against Congress Financial Corporation to recover $10.5 million dollars in payments from Tops to Congress. The Bankruptcy Court granted summary judgment in favor of Congress, ... More... $0 (06-22-2004 - NJ) |
William A. Strong, et al. v. Donald D. Laubach and Southwestern Bell Telephone Company |
In case No. 01-6377, Southwestern Bell Telephone Company (SBTC), garnishee, appeals from a judgment holding it liable to garnishors William A. Strong and Carolyn E. Strong (Strongs), for funds SBTC paid to the judgment debtor, Donald D. Laubach.(1) In case No. 01-6409, Mr. Laubach appeals from a judgment in favor of the Strongs, limiting the exemption on workers' compensation proceeds he receiv... More... $0 (06-18-2004 - OK) |
Eugene Waddell, etc. v. Tital Insurance Company, Inc. |
1 Titan Insurance Company, intervenor below, appeals from the judgment entered by the trial court against Titan's insured, Edward Rodriguez, in favor of Eugene Waddell, natural father and next friend of Carmen Jude Waddell, and Christopher Araiza (collectively "Plaintiffs"). We affirm the judgment against Rodriguez. We also hold that Titan is entitled to challenge the reasonableness of ... More... $0 (05-05-2004 - AZ) |
Keith Anderson v. Shelter Mutual Insurance Company |
Keith Anderson ("Anderson") appeals from the trial court's judgment in favor of Shelter Mutual Insurance Company ("Shelter") and against him on each party's respective motions for summary judgment. Anderson argues on appeal that the trial court erred by: (1) entering summary judgment in favor of Shelter and against him because the Circuit Court of Jefferson County ("Jefferson County") had jurisdic... More... $0 (02-10-2004 - MO) |
Jimmie L. Brockman v. Regency Financial Corp |
Jimmie Brockman appeals from the trial court's grant of a judgment notwithstanding the verdict to Regency Financial Corporation that set aside the jury's $30,000 punitive damages award in his favor. Brockman argues the trial court erred in granting a JNOV to Regency, because the evidence was sufficient to justify punitive damages, in that it showed Regency's evil motive or reckless disregard for t... More... $30000 (01-22-2004 - MO) |
R. Betancourt, et al. v. Storke Housting Investors, et al. |
We granted review to determine whether the federal Employee Retirement Income Security Act of 1974 (ERISA) (29 U.S.C. § 1001 et seq.) preempts a mechanic's lien action (Civ. Code, § 3110) brought by laborers to recover unpaid contributions to their employee benefit plans. ERISA preempts state laws that "relate to" employee benefit plans. (29 U.S.C. § 1144(a).) In 1991, we held that ERISA pr... More... $0 (12-17-2003 - CA) |
J. William Cagne, Jr. v. Enrico Vaccaro |
This case returns to us following a remand to the trial court by the Supreme Court. In this appeal, the defendant, Enrico Vaccaro, claims the trial court improperly (1) denied his motion to open and to set aside the judgment, (2) awarded the plaintiff offer of judgment interest and (3) granted the plaintiff's prejudgment remedy of attachment. We affirm the judgment of the trial court. <... More... $0 (12-09-2003 - CT) |
Edna Byers, Personal Representative of the Estate of Patrick A. Duncan v. Auto-Owners Insurance Company. |
AFFIRMED Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil... More... $0 (11-21-2003 - MO) |
Prima Oil & Gas Company v. Ted's Factoring Service; SR & Sompany LLC; First Interstate Bank of Commerce |
The question in this interpleader action is whether the district court correctly determined that intervenor-appellant E-Z Cash had failed to perfect its writ of garnishment properly before the filing of the federal tax lien and that therefore the United States had priority over E-Z Cash in the interpleaded funds of the taxpayer. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Becaus... More... $0 (11-19-2003 - WY) |
Patania Lasker v. Clinton Johnson. |
The issue in this case is whether or not a parent can alter his future child support obligations without the circuit court's approval by entering into an agreement with the other parent. We conclude that he cannot and affirm the circuit court's judgment in part and reverse it in part. Clinton Johnson raises this issue in his appeal of the circuit court's judgment ordering him to pay $63,780 ... More... $0 (11-12-2003 - MO) |
Heather Blair, by her mother, Carla Snider v. Perry County Mutual Insurance Company and FMH Mutual Insurance Company. |
Heather Blair sued for equitable garnishment of Perry County Mutual Insurance Company and FMH Mutual Insurance Company. The circuit court granted summary judgment to the insurance companies. After opinion by the Court of Appeals, this Court granted transfer. Mo. Const. art. V, sec. 10. Reversed and remanded. On October 21, 1998, five-year-old Heather Blair fell from a treehouse at her traile... More... $0 (11-12-2003 - MO) |
U.S. Mortgage v. Donald D. Laubach, et al. |
1 The issue presented by this appeal is whether Strong creditors' judgment lien retained its efficacy at the time the trial court was called upon to determine the order of priority among the competing liens. We answer in the negative. I THE ANATOMY OF LITIGATION 2 U.S. Mortgage, the holder of a mortgage on Donald Laubach's (Laubach) real property located in Oklahoma County, b... More... $0 (07-01-2003 - OK) |
Plaintiff, Diane James, filed a retaliatory discharge case against her employer, defendant, Lifeline Mobile Medics. In May 2002, plaintiff won a jury verdict of $243,969.64 and the trial court entered judgment thereon. In August 2002, plaintiff started proceedings to collect her judgment and defendant filed an appeal (No. 4-02-0712). In September 2002, the parties agreed to settle the case with... More... $225000 (06-30-2003 - IL) |
Timothy Ray Gean, et al. v. George W. Hattaway, et al. |
Christopher Cross, John Greene, and Timothy Ray Gean (together plaintiffs)(1) are young men who were formerly in the custody of the state of Tennessee. The defendants-appellants include George Hattaway, the Commissioner of the Tennessee Department of Children's Services (DCS), Margaret Dorse, the Director of the Fiscal Services branch of the DCS, and C. Warren Neel, the Commissioner of the Tenn... More... $0 (06-11-2003 - TN) |
Bay City Plastics, Inc., et al. v. Hulen Dwain McEntire and Sally McEntire |
The McEntires were awarded a judgment totaling $1,200,000 against Freeport and FIMCO based on claims of breach of contract and fraud. James Lyster, who died during the pendency of the case, was found to be the alter ego of Freeport and FIMCO. The McEntires filed a motion for a turnover order against the trustees of Lyster's testamentary trust, the trustees of Lyster's family trust, Betty D. Lys... More... $0 (05-06-2003 - TX) |
Doug T. Hoang et al. v. Jack D. Arbess |
In this residential construction defect case, plaintiffs, Doug T. Hoang, Hieu T. Van, Gregory Storbakken, Joan Storbakken, Allan Walts, and Marsha Walts, appeal from the trial court's judgment entered on a directed verdict dismissing their claims against defendant, Jack D. Arbess. We reverse and remand. Plaintiffs purchased homes built by Monterra Homes (Powderhorn), LLC, whose members co... More... $0 (04-10-2003 - CO) |
Evelyn Sue Kauffman v. Thomas A. Kauffman. |
Evelyn Sue Kauffman and Thomas A. Kauffman appeal the trial court's judgment dissolving their marriage. In three of Wife's four points on appeal, Wife contests the sufficiency of the evidence to support the court's identification of certain property as Husband's separate property. In her other point, Wife contests the sufficiency of the evidence to support the court's valuation of certain marital ... More... $0 (04-04-2003 - MO) |
Edward J. Murray v. Nationsbank of Florida, N.A., et al. |
The issue in this case is whether a 120-year-old Florida Supreme Court decision requires dismissal of a writ of garnishment served on the personal representative of an estate. Because of the changes to the garnishment statute and the probate code since 1883, we hold that the general rule announced in the decision is no longer operative and that the circuit court erred in dismissing the ... More... $0 (04-04-2003 - FL) |
Hank C. Sheppard v. Tommy Thomas, Sheriff of Harris County, Texas |
In this appeal, we must determine whether Sheriff Thomas may disregard an order rendered by the Harris County Civil Service Commission. We deny Sheriff Thomas's motion for rehearing, but withdraw our opinion and judgment dated October 10, 2002, and substitute a new opinion and judgment in their stead. Appellant, Hank C. Sheppard, brings this appeal from the district court's judgmen... More... $0 (02-13-2003 - TX) |
In the Matter of Robert Westergard Moers, Jr., Lindsey Elizabeth Moers, and Conrad Dielman Moers, children |
Appellant, Robert Westergard Moers, Sr., challenges the portion of the trial court's decree entered in a suit affecting the parent-child relationship that characterizes attorney's fees awarded as child support to Moers's former spouse, appellee Nancy Lynn Premazon. In five issues, Moers contends that the trial court abused its discretion in characterizing attorney's fees as child support. We modif... More... $0 (02-13-2003 - TX) |
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