Appellant, Eric Branckaert, appeals from the trial court’s order denying his motion for new trial after appellee, Valerie Otou, received a default judgment against him establishing parentage and assessing child support. In eight issues, Branckaert contends that the trial court did not have personal jurisdiction over him, and, even if the trial court had jurisdiction, the court nevertheless abus... More...   $0 (08-11-2011 - TX)

In this action arising under the First and Fifth Amendments to the U.S. Constitution, Plaintiffs Center for Bio-Ethical Reform, Inc., Gregg Cunningham, and Kevin Murray appeal the district court’s dismissal of their claims against Defendant Janet Napolitano, in her capacity as Secretary of the Department of Homeland Security, and Defendant Eric H. Holder, Jr., in his capacity as Attorney General... More...   $0 (08-04-2011 - MI)

Shirley Scott applied for disability insurance benefits and supplemental security income, claiming that she is disabled by bipolar disorder and numerous physical impairments. The Social Security Administration (“SSA”) denied her claim, and a magistrate judge, presiding by consent, upheld the decision.

Scott contends on appeal that the Administrative Law Judge (“ALJ”) wrongly discoun... More...   $0 (08-01-2011 - IL)

In 1990, appellant, the City of Houston (“the City”), and appellee, Christopher Rhule, a former firefighter for the Houston Fire Department, entered an agreed judgment settling their dispute regarding Rhule’s worker’s compensation claim. The City subsequently breached the settlement agreement, and Rhule filed suit to enforce it. The City now appeals the jury verdict in Rhule’s favor fo... More...   $0 (07-21-2011 - TX)

Glenn Moss, Jr. appeals the dismissal of his action against Robert Kroner and Robert E. Kroner Insurance Services, Inc.1 (collectively, the Kroner defendants) after they successfully demurred to his Fourth Amended Complaint and the trial court denied leave to amend. We reverse the judgment, conclude that Moss stated two viable causes of action under the Corporations Code, and remand the matter to ... More...   $0 (07-20-2011 - CA)

[¶1] Appellant, Anthony Smith, appeals from an Order and Judgment awarding damages to Appellee, Lewis Auto Body, for costs incurred in connection with the repair and storage of his vehicle. Mr. Smith contends the district court erred in awarding damages for storage beyond the date that his insurer demanded release of the vehicle.

We reverse.

ISSUE

[¶2] Mr. Smith presents the... More...   $0 (07-13-2011 - WY)

Jose Guadalupe Gonzales Jr. filed suit against his sister, Rebeca Gonzales Reyes, to try title to property previously owned by their parents. Gonzales alleged that a Warranty Deed conveying the property to Reyes had been forged. Reyes asserted an affirmative defense based on the statute of limitations, and the trial court granted summary judgment in Reyes's favor on that basis. On appeal, Gonzales... More...   $0 (07-07-2011 - TX)

We have for review a non-final order approving the prosecution of a “coupon” class action by two classes of purchasers of Tire Kingdom automotive repair services—one class of statewide customers and the other a Miami-Dade County class—who either (1) “used or benefited” from a discount coupon that failed to disclose the store would add a “shop fee” to the discounted price advertised... More...   $0 (07-06-2011 - FL)

Appellant, Gail MacFarlane, appeals the trial court’s grant of appellee’s—Robert L. Burke—motion for summary judgment based on the affirmative defense of the expiration of the limitations period. In one issue, MacFarlane argues that the trial court erred in granting summary judgment because (1) she filed her suit within the limitations period and, alternatively, (2) she tolled the limitat... More...   $0 (06-23-2011 - TX)

Tom Williams, independent executor of the Estate of Darlene Luck Barnett, appeals the trial court’s order denying his motion to dismiss Marleen Kovalchik Barnett’s entire case and instead dismissing the sole claim remanded to the trial court after an earlier appeal. In the earlier appeal, the Texas Supreme Court reversed the trial court’s denial of Marleen’s claims for family allowance an... More...   $0 (06-16-2011 - TX)

This case arose from the controversial late-night arrests and subsequent release of two Phoenix newspaper executives. As a result, Michael Lacey, Jim Larkin, and Phoenix New Times, LLC (Plaintiffs) sued various officials connected with the Maricopa County Attorney’s Office and the Sheriff’s Office, including the county attorney, the sheriff, and a special prosecutor. They alleged the special p... More...   $0 (06-09-2011 - AZ)

Appellant, Harold Holmes, appeals a judgment in favor of appellee, Amy Williams, determining and rendering judgment for child-support arrearages, including accrued interest, and ordering that Williams be entitled to issue child-support liens, levies, and writs of income withholding as remedies for the collection of unpaid child support. Challenging on the grounds of dormancy and lack of subject-m... More...   $0 (05-19-2011 - TX)

Nabil K. Bissada, M.D., appeals the district court’s1 grant of summary judgment to Arkansas Children’s Hospital (ACH), Samuel Smith, Jonathan Bates, Robert D.B. Jaquiss, Timothy Martin, Michelle Moss, Bonnie Taylor, Robert Lyle, Sandra Taylor, Debra Barrow, Patti Higginbotham, and John and Jane Does 1-10 (collectively, appellees). Dr. Bissada, a pediatric urologist, alleged appellees engaged i... More...   $0 (05-12-2011 - AR)

Appellant, Vera Rastaedt, appeals the trial court’s final judgment entered after the court granted appellee, Mercedes-Benz USA, LLC’s (Mercedes), motion for judgment on the pleadings as to Rastaedt’s claim of breach of express warranty under the Magnuson Moss Warranty Act, 15 U.S.C. 2301, et seq. (MMWA).

On October 16, 2006, Rastaedt purchased a 2005 Mercedes SLK 350 from Mercedes-Ben... More...   $0 (05-04-2011 - FL)

William Rowland Edwards, Jr. appeals from a summary judgment entered in favor of the defendants in this legal malpractice action. For the reasons that follow, we reverse and remand for a trial on the merits.

FACTUAL BACKGROUND

Edwards filed suit against Pamela Dunlop-Gates, Gerrit M. Pronske, and Thompson, Coe, Cousins, & Irons, LLP alleging claims of legal malpractice. B... More...   $0 (04-28-2011 - TX)

Crossed wires caused an on-site electrical transformer to blow, necessitating repairs and the use of a temporary transformer while the blown transformer was out of commission. The manufacturing plant owner sued its electrical services company for breach of contract and breach of warranty. The trial court rendered judgment on the jury’s verdict favoring the owner. On appeal, Powell Electrical Sys... More...   $0 (04-28-2011 - TX)

This case is before the Court on an appeal by Moss Sidell (Moss or defendant) from a Family Court order in favor of Jacalyn Sidell (Jacalyn or plaintiff), his former wife. The parties were divorced in the Rhode Island Family Court in June 2007. When the decree was entered, the plaintiff and the parties’ minor child1 lived in Connecticut; sometime thereafter the defendant relocated to Massachuset... More...   $0 (04-19-2011 - RI)

This case is before the Court on an appeal by Moss Sidell (Moss or defendant) from a Family Court order in favor of Jacalyn Sidell (Jacalyn or plaintiff), his former wife. The parties were divorced in the Rhode Island Family Court in June 2007. When the decree was entered, the plaintiff and the parties’ minor child1 lived in Connecticut; sometime thereafter the defendant relocated to Massachuset... More...   $0 (04-19-2011 - RI)

The plaintiff, Dean J. Waterfield, appeals an order of the Superior Court (Barry, J.) granting summary judgment in favor of the defendants, Meredith Corporation, John Doe Anchorperson(s), and John Doe On-Site Reporter. We affirm in part, reverse in part, and remand.

The trial court found or the record supports the following facts. In March 2001, the plaintiff married Stephanie Waterfield.... More...   $0 (04-14-2011 - NH)

Driving home from a “pasture party” at which she had consumed alcohol, seventeen-year-old Brandi Christina Ross was tragically killed in an automobile accident. The party had been held, without permission, in Henderson County,[1] on a fifty-six-acre tract of land owned by Ryan C. Hoerauf.

Following Brandi’s death, Julie Hyde and Chris Ross, individually and as represent... More...   $0 (03-28-2011 - )

¶1 Appellant Nemaha Services, Inc. (Nemaha) appeals the trial court's order confirming the sheriff's sale of certain real property upon a writ of general execution in favor of Little Bear Resources, LLC (Little Bear) to collect on a judgment. Nemaha contends the full appraised value of the property of $160,000 should have been credited against Little Bear's judgment instead of Little Bear's purch... More...   $0 (02-22-2011 - OK)

Appellants’ motion for rehearing is denied. This court’s opinion and judgment dated December 1, 2010 are withdrawn, and this opinion and judgment are substituted. Our prior opinion contained an incorrect reference to Laura Johnson serving as co-trustee of a foundation as opposed to Laura Johnson serving as co-trustee of a management trust. We substitute this opinion to delete the erroneous ... More...   $0 (02-16-2011 - TX)

Appellants Tim Calhoun and Gustine Gaston[2] filed suit against Appellee F. Hall Mowing Company. Appellee had been hired to dismantle the central utility building on the campus of the University of Texas at Arlington. A switch gear housing building was located inside the central utility building; because the central utility building was being dismantled, roofing contractors (not Appellee) were h... More...   $0 (01-13-2011 - TX)

Defendants, Law Offices of David J. Stern, P.A. (the “Law Firm”) and David Stern, appeal the trial court’s class certification order in this action brought by property owners in default on their mortgages against the defendants for alleged violations of the Florida Consumer Collection Practices Act (FCCPA) and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Their claims are ba... More...   $0 (12-29-2010 - FL)

On February 28, 2007, a roof fire broke out at the Italian restaurant operated by LaBella Winnetka, Inc. in the Village of Winnetka, Illinois. The restaurant’s doors have remained closed since that date. LaBella blames the Village and its manager, Douglas Williams, for preventing it from reopening the restaurant. LaBella appeals the district court’s dismissal of its equal protection, substanti... More...   $0 (12-29-2010 - IL)