This appeal arises from a dispute over the disbursement of surplus
proceeds from a foreclosure sale. Cornelius and Assunta Dever (the record property
owners) as well as Wells Fargo Bank (the holder of an unsatisfied mortgage) claimed
that they were entitled to the surplus proceeds. The circuit court ordered the surplus to
be disbursed to Wells Fargo, and the Devers appealed. We rev

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
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the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent

¶1 Defendant appeals from a decision of the trial court finding him in direct contempt of court for failing to obey a court order. Having reviewed the record and applicable law, we affirm.

¶2 This cause of action arose during a lengthy dispute concerning stock in the Security Bank and Trust Company of Lawton, Oklahoma. The litigation began in July 1978, when Charles Chadwell sought to e

In this property dispute, appellants Gary Ben Stephens, Stephens Group, L.P., and
Stephens Group II, L.P. appeal the trial court’s order granting summary judgment to appellee
Union Valley Ranch, L.P. on its claim for declaratory relief. In two issues, appellants argue (1)
appellee’s claim was a suit to try to title and therefore had to be brought as a trespass to try title
acti

A judgment entered against Raj Singh in a prior action (Super. Ct. Sacramento County, 2006, No. 00AS00602) was assigned to Stephen Lipworth, who moved successfully to amend the judgment to add certain aliases of Singh, namely Kaus Singh and Archana Singh. (Singh v. Lipworth (June 18, 2008, C053762) [nonpub. opn.].)1 Thereafter, the trial court granted Lipworth’s application for sale of certain p

A federal jury convicted Christopher Perry of three counts of fraud related to his receipt of Social Security and healthcare benefits. On appeal, Defendant argues that the district court should have dismissed the indictment because it did not include essential elements of the fraud charges and was barred by the statute of limitations. In addition, Defendant contends that the government failed to p

W. Robert and Lura B. Mathews appeal an order awarding Branch Banking and Trust Co. (BB&T) surplus funds from the foreclosure sale of their home. The trial court found that BB&T was entitled to the entire surplus amount to satisfy a second mortgage interest in the property. We conclude that the trial court erred in

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awarding BB&T the surplus funds because it failed to file a cla

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d

This case involves two questions. Can an abstract of judgment create a valid lien on a home jointly managed as community property if the judgment is based on the premarital debt of only one spouse? If so, what is the effect of a homestead designation after a divorce when the property ceases to be held in community? The trial court ruled in favor of the current homeowner, declaring that the judgmen

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

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documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and

In May 2012, Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC (collectively, “the Miks”) filed suit against the Federal Home Loan Mortgage Corporation (“Freddie Mac”), arguing that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court granted Freddie Mac’s motion to di

The City of Riverside (City) filed a nuisance abatement action as to property owned by William and Kelly Horspool, and sought the appointment of a receiver pursuant to Health and Safety Code section 17980 et seq. Defendant William Horspool (William)2 appealed from the order appointing the receiver in case No. E051500,3 but failed to obtain an undertaking on appeal. Kevin Randolph, in his capacity

The Supreme Court has held that state and local governments may regulate adult estab-­‐‑ lishments by using time, place, and manner restrictions to reduce the secondary effects of those businesses on third parties, but may not regulate them to restrict the dissemina-­‐‑ tion of speech disapproved by local residents. Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Renton v. Playt

[¶1] Phyllis Bradbury and David Gholson (collectively, plaintiffs) appeal from an order of the Superior Court (Washington County, R. Murray, J.) denying their special motion to dismiss the counterclaims of First Perry Realty, LLC, CPM Constructors, and the City of Eastport (collectively, defendants) pursuant to Maine’s anti-SLAPP statute, 14 M.R.S. § 556 (2012).1 This appeal gives us the oppor

In this case, we must examine the nature of a nominal damages award, and whether there is a maximum limitation on the dollar amount that can be considered nominal damages. We do so in the context of a claim that appellants and cross-appellees Erin and Norma Brown trespassed on property owned by Grace and Viola Smith, appellees and cross-appellants, by traveling over a farm lane to access a public

¶1 Don Brown (Seller) owned land on which First Mustang State Bank (First Mustang) held a mortgage and note for $35,000.00. On August 12, 1985, Brown entered into a contract for the sale of this particular property with the partners of Geronimo Properties (Buyer). The sale price was $135,000.00. It is this realty, which we will call "Property A," that is the subject of the present appeal.

Respondent Tamara Frizzell received a $100,000 loan from petitioner Barbara Murray, secured by a deed of trust on Frizzell's home. Frizzell defaulted and a nonjudicial foreclosure sale was set. Before the sale, Frizzell filed an action against Barbara and her husband Gregory Murray, alleging several claims, as well as a motion for an order to enjoin the sale. A judge stayed the sale, conditioned u

Appellant Wallace Roofing, Inc. (Wallace Roofing) brought suit against appellee Linda Benson (Benson) for breach of contract alleging she had failed to pay money owed on a contract for roofing and home repairs. Benson brought counterclaims under the Texas Debt Collection Practices Act (TDCPA), a tie-in statute to the Deceptive Trade Practices Act (DTPA), alleging that Wallace Roofing’s unlawful

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of - 2 -

the law by discharging the claim of lien without determini

¶1 Plaintiff/Appellant Delmar Garrett1 (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff's Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the

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discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of the law by discharging the claim of lien without ho

In case number 2D11-4511, Deborah E. Focht seeks review of the final summary judgment of foreclosure entered in favor of Wells Fargo Bank, N.A. In case

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number 2D11-4980, Focht seeks review of the trial court's subsequent orders denying her motion to stay and/or cancel the foreclosure sale and striking her notice of lis pendens. We reverse the final judgment of foreclosure b

Ivan Rene Moore appeals in pro. per. from the superior court’s judgment following trial on the unlawful detainer complaint of Kimberly Martin-Bragg seeking forfeiture of a lease and possession of a property. The judgment, entered January 23, 2012, awarded Martin-Bragg possession of the disputed property, along with rent of $50,068.34 and rental damages of $57,220.96 for the period from May 1, 20

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We

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reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de

¶ 1 This appeal arises from the November 1, 2010 order entered by the circuit court of Cook County, which granted a directed finding against the plaintiff, Helen Hatchett (Helen), and in favor of the defendants, Avalon Betts-Gaston (Attorney Gaston)1 and The Bank of New York Mellon Trust Company (BONY), and which entered a default judgment against Warren Jackson (Jackson)2 and in favor of Helen i