Lis Pendens Law
 
Hastie v. Alpine

David Hastie was injured in an all-terrain vehicle (ATV) accident on his
girlfriend’s father’s property in late September or early October of 2010. He sustained
fractures to the bones that make up the Lisfranc joint complex on his right foot. Hastie
went to the Bozeman Deaconess Hospital for x-rays of his foot on October 4, 2010. After
viewing the x-rays, Dr. Mary Drake of

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Entrada Company, LLC v. Charles E. Pressley, et al.

On February 21, 2006, Entrada Company, LLC, filed suit (“first suit”)
to obtain a right of passage across three tracts of land in Ouachita Parish.
Entrada asserted that it had no access to a public road from its property.
Entrada filed motions for summary judgment in May and November
of 2007; these were denied in November of 2008. The trial court noted in a
footnote that i

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Kambis v. Considine

Kambis owns John Rolfe Realty and Elegant Homes of Virginia. From 1999-2011,
Kambis was in a romantic relationship with Considine. On October 25, 2000, Kambis and
Considine formed and were the sole members of Villa Deste. The purpose of Villa Deste was to
purchase and develop real estate for sale. At some point after October 25, 2000, Considine’s
mother, Patricia Wolfe, loa

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Wachesaw Plantation v. Alexander

Alexander purchased a home for his elderly father in Murrells Inlet, South Carolina. After his father was released from a second hospitalization, he did not return to the house. Alexander neglected to pay the regime fees on the home and subsequently the homeowners' association's attorney informed him that a lien had been placed against the house.
The homeowners' association initiated a forec

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James B. Nutter & Co. v. Black

This opinion is about the scope of legal protections afforded to individuals who
are unable to handle their financial affairs in a responsible manner because of a physical
or mental condition. We will use the terms “disabled,” “under a disability,” and “subject
to guardianship proceedings” to refer to persons who have been adjudicated by a court to
be unable to manage their propert

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Landmark Investment Group, LLC v. CALCO Construction & Development Co

The dispute in the present case has a long and circuitous history, which began more than one decade ago when the plaintiff, Landmark InvestmentGroup,LLC(Landmark),acommercialrealestate developer, entered into a contract to purchase an environmentally contaminated property in the town of Plainville (town) with the hopes of remediating and developingitforcommercialuse.Theselleroftheproperty, Chung F

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Auffret v. Capitales Tours

The facts and procedural history underlying the ruling now before us were described in our previous opinion (Auffret v. Capitales Tours, S.A., (Apr. 24, 2013, H037551) [nonpub. opn.], (Auffret I)) and need be only briefly summarized here. The accident that led to this litigation occurred on April 28, 2009, on Highway 101 in Monterey County. While driving across a bridge the bus operator, John Eg

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Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.

Plaintiff Darbun Enterprises, Inc., doing business as (dba) All Saints Healthcare (Darbun), sued defendant San Fernando Community Hospital, dba Mission Community Hospital (Mission), for breach of a lease agreement, seeking damages and specific performance.
The trial in this case proceeded in two phases. The first, the equity phase, was held to determine whether the equitable remedy of speci

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Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha

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STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”)

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J.A. CARR v. RONALD A. ROSIEN et al.

John Carr filed a prior quiet title action against Earnest Ortiz and Anna Colón. In
connection with that action, he recorded a lis pendens. However, he did not mail the lis
pendens to either Ortiz or Colón; instead, he filed a declaration that their addresses were
unknown. He also did not examine the county assessor‟s roll, which would have shown
that Ortiz and Colón h

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Lacey Lynn Whomble v. Barbara Kay Clayton, Zachary M. Dunnagan and AVL Systems, Design, LLC

Tulsa, OK - Lacey Lynn Whomble sued Barbara Kay Clayton, Zachary M. Dunnagan and AVL Systems, Design, LLC on auto negligence theories claiming:

1. The Plaintiff, Lacey Lynn Whomble, is a resident of the City of Tulsa, Tulsa County,
Oldahoma. The Defendant, Barbara Kay Clayton, is a resident of the City of Tulsa, Tulsa County,
Oklahoma. The Defendant, Zachary M. Dunnagan, is a resi

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Keane Realtora, Inc. v. Bruce A. Wood, et al.

Tulsa, OK - Keane Realtors Incorporated sued Bruce A. Wood, Les Riker, George Aveilhe, Andrew G. Bassel, Daniel L. Leader, Advent Development, LLC, Advent Development, Inc., RC Bixby Landing, LLC, Rausch Coleman Hommes, LLC, Noah Webswter & Betty Joe Easton Revocable Trust, NOah Webster, Betty Jo Easton, Travis Harper, Carrie Harper, Christopher M. Kern and Patriot Bank on breach of contract, conv

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Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.

This is an accelerated appeal of two orders. The first order grants a temporary injunction, and the second order denies a motion to dismiss filed pursuant to the Texas Citizens Participation Act.1 We affirm both orders.
BACKGROUND
Appellee Edward L. Bravenec was a co-owner of a second lien on property located at 1216 West Avenue, San Antonio, Texas (the “Property”). In 2006, the owner

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TRAK 1 Technology, Inc. and Premier Staffing Services, LLC v. Kimberly Kramer and Brett Kramer

Tulsa, OK - TRAK 1 Technology, Inc. and Premier Staffing Services, LLC sued Kimberly Kramer and Brett Kramer on conversion and other civil theories.

Plaintiff alleged that the following facts were not contested:

1. K. Kramer was employed as the Chief Financial Officer of Premier and Trak- 1
until approximately August of 2009. Exhibit] - Plea of Guilty — Summary of Facts, P

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United States of America v. Daniel Beaibes

SAN DIEGO – Daniel Deaibes pleaded guilty today to participating in a scheme to steal title to Southern California homes, and then to “sell” the properties to unsuspecting buyers – who later learned they had actually purchased nothing.

According to his plea agreement, between September 2012 and November 2014, when Deaibes and two alleged co-conspirators were indicted and arrested,

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Arbor Windsor Court, LTD v. Weekley Homes, LP

Appellant, Arbor Windsor Court, Ltd. (Arbor), appeals the trial court’s judgment following a jury verdict. Specifically, in two main issues, Arbor contends the trial court erred in rendering a take-nothing judgment on its breach of contract claims against Weekley Homes, LP (Weekley). Weekley also asserts two conditional cross-points in support of the trial court’s judgment. We affirm.
I. B

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Teresa Williams v. Liberty Mutual Fire Insurance Company, State Farm Fire and Casualty Company and Patrick Kinney

Teresa Williams sued Liberty Mutual Fire Insurance Company, State Farm Fire and Casualty Company and Patrick Kinney on breach of contract theories.

Issues:

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: WILLIAMS, TERESA
Filed Date: 09/16/2011
Party Name Disposition Information
Defendant: LIBERTY MUTUAL FIRE INSURANCE COMPANY Disposed:

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Securitas Security Services v. Denise Edwards

Securitas Security Services USA, Inc. (Securitas) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (P

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Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i

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Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i

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Kenneth Gonsalves v. Ran Li

Appellant Ran Li crashed a new BMW during a test drive. Kenneth Gonsalves, a
salesperson for the BMW dealership, was a passenger in the vehicle. Gonsalves sued,
alleging that Li1
drove recklessly during the test drive, causing the accident, and that
Gonsalves suffered significant back injuries as a result. A jury found that Li was
negligent, that Gonsalves was not comparativel

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Ronald E. Griffin v. Richard H. Cutler

¶ 1 Ronald E. Griffin, an attorney, sued his former clients, Richard H. Cutler and Sandra S. Cutler, for nonpayment of legal
1. The Cutlers filed no brief on appeal.
2. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Griffin v. Cutler
20120351-CA 2 2014 UT App 251
fees. The trial co

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Wells Fargo Bank, N.A. v. Calvin M. Rutledge

Wells Fargo Bank, N.A., appeals the final summary judgment granting title to Calvin Rutledge and discharging Wells Fargo's lis pendens against the underlying property in this foreclosure action. Because we agree that Wells Fargo was not barred from pursuing foreclosure in the circuit court by laches or equitable estoppel and that material issues of fact remain as to the authenticity of Mary Dias's

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Woody K. Lesikar v. Carolyn Ann Lesikar Moon

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special

More...   $0 (09-04-2014 - TX)

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