Citizens Property Insurance Corporation v. Rebecca Hanos |
Citizens Property Insurance Corporation seeks certiorari review of the trial court's order denying its request for an automatic stay pursuant to section 627.7074(10), |
Pilar Rodriguez v. Sandhill Cattle Co., L.P. |
This is an appeal of a contested case under the Texas Administrative Procedure Act.1 Jonathon C. McIntosh, D.D.S., appellant, appeals from the district court’s final judgment affirming the order of the Texas State Board of Dental Examiners, which issued a suspension of McIntosh’s dental license, probated for a period of five years, |
Stephen Eskeland v. City of Del Mar |
Stephen and Nahida "Lucy" Eskeland (the Eskelands) appeal from the trial court's denial of the petition for writ of administrative mandamus they filed against the City of Del Mar (the City) and real party in interest Jon Scurlock. The Eskelands challenge the City's decision to grant a variance to Scurlock allowing him to build a house that does not comply with the 20-foot front yard setback requir... More... $0 (03-14-2014 - CA) |
Amparo Rivera Mata v. Pacific Gas and Electric Company |
Plaintiffs are the heirs of Carlos Rivera Olvera (decedent) who, while trimming a redwood tree on September 18, 2007, was electrocuted by a high voltage power line of defendant Pacific Gas and Electric Company (PG&E). Defendant The Davey Tree Expert Company is a vegetation pre-inspection contractor that contracted with PG&E to perform inspections to ensure that proper clearances were maintained be... More... $0 (02-28-2014 - CA) |
Michael A. Hamre v. North Dakota Department of Transportation |
[¶1] Michael A. Hamre appeals a district court order affirming a North Dakota Department of Transportation ("DOT") order disqualifying his commercial driver's license for one year. Hamre argues that DOT misapplied the law by considering the administrative suspension of his noncommercial license a "conviction" under N.D.C.C. § 39-06.2-10(7) (2011), that N.D.C.C. § 39-06.2-10(7) (2011) is void fo... More... $0 (02-26-2014 - ND) |
The City of San Antonio v. The Rogers Shavano Ranch, Ltd. |
The sole issue presented in this appeal is whether a trial court has jurisdiction to award attorney’s fees under the Uniform Declaratory Judgments Act in a lawsuit filed against a city by developers seeking to enforce their vested rights under Chapter 245 of the Texas Local Government Code. Because we hold that the recovery of attorney’s fees from the city under the UDJA is incidental to and r... More... $0 (02-19-2014 - TX) |
In the Estate of Ramiro Aguilar, Jr., Deceased |
This appeal arises from three probate court orders, namely: (1) an October 12, 2012 transfer order; (2) a January 11, 2013 order setting aside an out-of-county default judgment, dismissing the out-of-county case, and granting sanctions; and (3) a January 28, 2013 order granting sanctions. Appellant Anthony C. Aguilar raises fourteen issues on appeal, contending, in essence: (1) the probate court i... More... $0 (02-19-2014 - TX) |
Konjit D. Girard v. AH4R I TX DFW, LLC |
Appellee AH4R I TX DFW, LLC (AH4R) purchased the property occupied by pro se appellant Konjit D. Girard at a substitute trustee’s foreclosure sale and then, after it made a written demand for possession in a notice to vacate, filed an original petition for forcible entry and detainer when Girard failed to vacate the |
Ovidio Garcia, Jr. v. Omar Escobar |
In this restricted appeal, appellant Ovidio Garcia Jr., pro se, challenges the trial court’s summary judgment rendered in favor of appellees, Omar Escobar et al., in a declaratory judgment action. We affirm. |
Mark T. Fahlen v. Sutter Central Valley Hospitals, et al. |
In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce... More... $0 (02-20-2014 - CA) |
The State ex rel. George Smith v. Industrial Commission of Ohio |
{¶ 1} The Ohio State University appeals from a judgment of the Tenth District Court of Appeals that granted a writ of mandamus ordering the Industrial |
State of Florida v. Michael Dunn |
The State of Florida charged Michael Dunn, age 47, with one count of first-degree murder, three counts of attempted second-degree murder and shooting for throwing deadly missle for shooting at an SUV occupied by four teenage African-American males, includinng 17-year-old Jordan Davis on November 23, 2012. |
Sergio Amezcua v. The Eighth Judicial District Court of the State of Nevada |
The right to a jury trial under the Sixth Amendment to the United States Constitution depends on whether an offense is "petty" or "serious." In this original proceeding, we consider whether certain collateral consequences of a conviction for first-offense domestic battery, such as an evidentiary presumption in child custody and dependency actions, limitations on the right to possess a firearm, and... More... $0 (02-13-2014 - NV) |
In re Roman Catholic Diocese of Albany, New York, Inc. |
Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di... More... $0 (02-08-2014 - VT) |
Tim Pritchett v. Gold's Gym Franchising, LLC |
Tim Pritchett brings this interlocutory appeal of the trial court’s order denying his special appearance in this suit for breach of a guaranty agreement brought by Gold’s Gym Franchising, LLC. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2013). Pritchett brings two issues on appeal contending the trial court erred by denying his special appearance (1) because Gold’s Gym’s a... More... $0 (02-04-2014 - TX) |
Grant Reynolds v. City of Calistoga |
Grant Reynolds, proceeding pro se, brought a public trust action challenging operation of a reservoir by the City of Calistoga (City) insofar as that operation affected downstream fisheries (the Public Trust Suit). He then initiated a second action, the matter on appeal here, challenging the City’s use of Napa County sales tax revenue (the Tax Suit). He purported to bring the Tax Suit in the pu... More... $0 (02-03-2014 - CA) |
Citizens Property Insurance Corporration |
Citizens Property Insurance Corporation ("Citizens") seeks certiorari review of the trial court's order denying it a stay pending neutral evaluation of the sinkhole claim that forms the basis for the underlying lawsuit. Citizens argues that the statute governing neutral evaluation mandates a stay of court proceedings and that the statutory right to neutral evaluation cannot be waived by participat... More... $0 (01-31-2014 - FL) |
Cecil Mathews v. Michael D. Crews |
Petitioner Cecil Mathews has filed a petition for writ of mandamus in this Court. Although the Florida Constitution authorizes this Court to issue “writs of mandamus,” art. V, § 3(b)(8), Fla. Const., the basis for this Court to exercise this original extraordinary writ jurisdiction is extremely limited. We dismiss Mathews’ petition for writ of mandamus as unauthorized, as Mathews seeks to r... More... $0 (01-23-2014 - FL) |
Lisa St. Mary v. Thomas Schellenberg |
Petitioner Lisa St. Mary (St. Mary) brought an action below for damages, alleging fraud and other claims arising out of an investment of $475,000. She sued, among others, Thomas Schellenberg and his wife, Katherine Mills. (Schellenberg and Mills are sometimes referred to herein collectively as real parties in interest, or real parties.) Schellenberg and Mills each propounded requests for admission... More... $0 (01-31-2014 - CA) |
Lorraine White v. City of Elk River |
1. A municipality may terminate a nonconforming use of land in accordance with Minn. Stat. § 462.357, subds. 1d-1e (2012) or Minn. Stat. § 465.01 (2012). But a |
Michael Thornbrough v. Western Pacer Unified School District |
Michael Thornbrough appeals from a judgment denying his mandamus petition, which sought to overturn his dismissal as an Assistant Director of Maintenance for the Western Placer Unified School District (District). On appeal, Thornbrough raises a number of issues, including principally claims of notice violations at the underlying administrative hearing, bias by the hearing officer, and the improper... More... $0 (01-22-2014 - CA) |
Veronica Gonzalez v. Santa Clara County Department of Social Services |
Appellant Veronica Gonzalez (Mother) was reported for child abuse after she spanked her 12-year old daughter, A.P. (Daughter), using a wooden spoon with enough force to produce visible bruises. The Santa Clara Department of Social Services (Department) concluded that the report was “substantiated,” and submitted it to the state Department of Justice for inclusion in the Child Abuse Central Ind... More... $0 (01-21-2014 - CA) |
John L. Preston, Jr. v. Burlington City Retirement Plan |
¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City’s decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm. |
Raquel Pascoal Wiliams v. Secretary, U.S. Department of Homeland Security |
Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become a legal permanent resident. Her appeal raises a novel issue of statutory interpretation: whether the remar... More... $0 (01-17-2014 - FL) |
Judith K. Schermer v. Municipal Building Commission |
Judith K. and Daniel W. Schermer represent four security guards suing the |
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