United States of America v. Richard Clark a/k/a Rick Clark |
Defendant-Appellant Richard Clark was charged and convicted of multiple counts relating to his participation in a “pump-and-dump” securities fraud scheme. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm Mr. Clark’s conviction. |
Susan Taylor v. Wells Fargo Home Mortgage |
A woman purchased a home and fell behind on her mortgage payments. |
OPY I, LLC v. First American Title Insurance Company, Inc. |
OPY I, LLC, sued First American Title Insurance Company, Inc. on a breach of contract theory. |
Norman J. Harris v. Susan Marks Harris |
Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming: |
Debra Chris Montgomery Kroupa Williams v. Robert Ward Williams |
Debra Chris Montgomery Kroupa Williams (Debra) appeals a trial court order awarding monetary sanctions and attorney’s fees to Robert Ward Williams (Robert). The appeal hinges on whether Debra violated an order issued in connection with the parties’ divorce. In a single issue, she argues the trial court abused its discretion by sanctioning her because she acted in accordance with the trial cour $0 (03-28-2013 - TX) |
The Bank of New York Mellon v. Miguel Reyes |
The Bank of New York Mellon, as Successor Trustee under Novastar |
Betty Lou Bradshaw v. R.J. Sikes |
In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of $0 (03-14-2013 - TX) |
Allen F. Glazer v. Gordon A. Jones |
A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu $0 (01-29-2013 - ID) |
Parkwest Homes, LLC v. Julie G. Barnson |
This is an appeal from an order granting summary judgment in an action to foreclose a mechanic’s lien by ParkWest Homes, LLC (“ParkWest”) against Julie Barnson (“Barnson”) and Mortgage Electronic Services, Inc. (“MERS”). In ParkWest Homes, LLC v. Barnson, 149 Idaho 603, 238 P.3d 203 (2010) (hereinafter “ParkWest I”), this Court held that ParkWest’s lien on the property was vali $0 (02-04-2013 - ID) |
Richard Turkanis v. Joan M. Price |
This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial) $0 (01-30-2013 - CA) |
Brent McDonald v. Franklin Credit Management Corporation |
Brent McDonald, Charlie McDonald, and Elaine McDonald (collectively the McDonalds) appeal the summary judgment granted in favor of Franklin Credit Management Corporation (Franklin). In a single issue, the McDonalds argue for reversal of the summary judgment. We affirm. |
Justin S. Reynolds v. Trout Jones Gledhill Fuhrman, P.A. |
Justin S. Reynolds, Kristine Reynolds, and their construction company, Sunrise Development, LLC (collectively, Reynolds) brought a malpractice action against their law firm, Trout Jones Gledhill Fuhrman, P.A., and its attorney-employee, David T. Krueck (collectively, Trout Jones). Reynolds alleged professional negligence in both the drafting of a real estate agreement between Reynolds and Quasar D $0 (01-23-2013 - ID) |
Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc. |
Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse. |
VCS, Inc. v LaSalle Development, LLC |
¶1 VCS, Inc. claims it acquired a valid mechanic’s lien on an Ogden subdivision by performing work as a general contractor. Utah Community Bank (UCB) claims an interest in the same Og-den subdivision, an interest it acquired by extending a construc-tion loan—secured by a deed of trust—to the subdivision’s owner. |
Candace Louise Curtis v. Anit Kay Brunsting |
This appeal concerns the scope of the probate exception to federal subjectmatter jurisdiction in the wake of the Supreme Court’s decision in Marshall v. Marshall. The Plaintiff contends that, under Marshall, her claims for breach 1 of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree. |
Richard O. Wolfe, II v. Culpepper Constructors, Inc. |
This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev $0 (12-09-2012 - FL) |
National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz |
In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to $0 (11-24-2012 - TX) |
Aneita J. Weaver v. John Jamar |
This is a contract dispute between appellant Aneita J. Weaver and her nephew, appellee John Jamar. It arises from a loan Weaver made to Jamar enabling him to purchase a townhouse, which he was to renovate and ultimately resell for profit. Following a bench trial, the trial court awarded title of the property and attorney’s fees to Weaver while awarding construction expenses to Jamar—all at fiv $0 (11-03-2012 - TX) |
Blue Star Palms, LLC v. LED Trust, LLC |
The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an $0 (10-24-2012 - FL) |
David Dee v. Brian Horton |
¶1 Appellant Brian Horton (Horton), appeals from an order below granting Appellees David Dee and Sandra A. Dee's (collectively, the Dees), emergency request to order release of Horton's Mechanic's Lien and Lis Pendens notice (collectively, Lien). The Order on appeal does not determine the action nor does it prevent a judgment and later appeal after trial of all pending issues. The Dees' Motion to $0 (08-17-2012 - OK) |
Yorktown Holding, LLC v. Stephen P. Wallace |
Yorktown Holding, LLC, W.H. Land Company, LLC and 2005 LRJ, LLC sued Stephen P. Wallace, Marty Roma Jage, Edith L. Jackson, Vilia T. Jage, Michael P. Jage and Joan Godlove on quite title theories. |
Riverview Park Estates, LLC v. Imperial Investments, LLC |
Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Stephen Pereff, Inc., Pereff Properties, Michael J. King, S. Gregory Pittman and Winters, Kin & Associates on equitable relief, quite title, conversion, slander of title and other theories. |
Christina Allen v. James N. Ciokewicz |
¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to $0 (06-01-2012 - UT) |
Joe Cullen v. Paul Corwin |
Plaintiffs Joe and Marieanne Cullen stated alternate counts1 that alleged defendants Paul and Geraldine Corwin acted either negligently or fraudulently in failing to disclose the defective condition of the garage roof when the Corwins sold a vacation home to the Cullens.2 |
Joanna M. Blythe v. Atlas Industrial Enterprises, Inc. |
Petitioners seek certiorari review of an order requiring them to post a bond in the amount of $747,143 “so long as the lis pendens filed by and on their behalf remains valid and enforceable as to Respondent’s properties identified therein,” as well as a subsequent order discharging the lis pendens as to one of the parcels at issue. |
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