{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.â€� N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

{1} Petitioners are retired teachers, professors and other public education employees (collectively, Retirees) who seek a writ of mandamus against the New Mexico Education Retirement Board (ERB), which administers their retirement plan under the Educational Retirement Act (ERA). See NMSA 1978, § 22-11-6 (2011) (describing the powers and duties of the ERB); see also NMSA 1978, §§ 22-11-11 to -15... More...   $0 (12-19-2013 - NM)

H. Scott Summers appeals the trial court’s judgment denying his petition for declaratory judgment. He asserts that the court erred in finding that the county clerk of Schuyler County had authority to place the office of prosecuting attorney on the 2012 election ballot because that office was not up for election until 2014 under section 105.050, RSMo 2000. The judgment is reversed, and the case i... More...   $0 (12-24-2013 - MO)

Relator Red Cross Pharmacy, Inc. seeks a writ of mandamus ordering the Respondent, Judge Larry D. Harman, to dismiss without prejudice the claim asserted against the Pharmacy in the underlying action pending in the circuit court. The Pharmacy argues that dismissal is required because the plaintiff in the underlying case failed to file a timely and sufficient health-care affidavit with respect to t... More...   $0 (12-24-2013 - MO)

We reverse the trial court’s order denying appellant’s petition for writ of mandamus and declaring appellant to be a vexatious litigant. We affirm the court’s order denying appellant’s motion for disqualification, which was legally insufficient.

The trial court erred as a matter of law by finding that appellant had “failed to allege that he has made the [lower] court aware of the ... More...   $0 (01-03-2014 - FL)

Appellants RCS Enterprises, LP (RCS) and James Martin Montgomery filed a motion to dismiss the lawsuit brought against them by Appellees Darrell G. Hilton and Debbie L. Hilton. The trial court denied that motion, and RCS and Montgomery now appeal. They alternately seek a writ of mandamus ordering the trial court to not consider the Hiltons’ supplemental expert affidavit. Because we

1See T... More...   $0 (12-19-2013 - TX)

¶1 The dispositive issue presented to this Court is whether a writ of mandamus is proper to correct abuse of discretion by a governmental agency in awarding a contract, where the contractual period has expired, and the services that were the subject of the contract have been performed. We hold that a writ of mandamus is improper under such facts.

¶2 The Oklahoma Indigent Defense ... More...   $0 (12-23-1997 - OK)

In four issues, appellants, Kevin Schronk, individually and as representative of the estate of Helen Schronk, deceased, and Dustin Schronk, challenge the trial court’s

Schronk v. Laerdal Medical Corporation Page 2

evidentiary decisions and granting of a summary judgment in favor of appellee, Laerdal

Medical Corporation. We affirm.1

I. BACKGROUND

This is the thi... More...   $0 (12-12-2013 - TX)

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeownersâ€�) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

Donald McKee, an involuntarily committed sexually violent offender, is presently in the custody of appellee, Esther Jacobo, as Interim Secretary of the Department of Children & Family Services (DCF). He is being held at the Florida Civil Commitment Center, which is operated by a private enterprise under the auspices of

- 2 -

DCF. Having a myriad of complaints pertaining to both the q... More...   $0 (12-04-2013 - FL)

In two cases, animal control officers seized horses they believed to be at risk. The proceedings leading to the consolidated appeals now before us are convoluted.

2

Penal Code section 597.1 (§ 597.1) provides: “When [an animal control] officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety... More...   $0 (12-01-2013 - CA)

¶1 The proceedings in question concern the Arbuckle Simpson Aquifer Maximum Annual Yield (MAY) determination, made by OWRB on March 13, 2012. Pursuant to 82 O.S. 2011 § 1020.6, once the OWRB has set a tentative maximum annual yield for a groundwater basin or subbasin, it is required to call and hold hearings at centrally located places where any interested parties shall have the right to present... More...   $0 (11-28-2013 - )

¶1 The issue presented to this Court is whether the district court erred in proceeding in the foreclosure suit below after the defendant filed a motion giving notice of the plaintiff corporation's suspension in June of 2000 for failure to pay corporate franchise taxes; for the eleven months that the plaintiff was on notice that its suspension was an issue in the suit, the corporation failed to be... More...   $0 (10-15-2013 - OK)

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelleâ... More...   $0 (11-13-2013 - CA)

A new computer system changed the way public welfare benefits are administered. The system automatically terminates or reduces aid if the recipient fails to submit required eligibility reports within certain deadlines unless the case worker inputs the required information upon the recipient’s ultimate submittal.

Plaintiffs alleged this feature of the computer system results in thousands o... More...   $0 (11-13-2013 - CA)

¶1 The Supreme Court of the United States certified two questions of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601-1611:

Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approv... More...   $0 (11-14-2013 - OK)

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelleâ... More...   $0 (11-08-2013 - CA)

This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin... More...   $0 (11-06-2013 - TX)

Defendants-Appellants William Pickard and Clyde Apperson appeal the district court’s decision to deny their motion to unseal the Drug Enforcement Administration

2

(“DEAâ€�)’s file on one of its confidential informants. Having jurisdiction under 28 U.S.C. § 1291, we conclude the district court erred in the manner in which it denied Defendants’ motion to unseal the file, for t... More...   $0 (11-05-2013 - KS)

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’... More...   $0 (10-31-2013 - TX)

In 2000, Eric Carson Wynn was convicted of aggravated sexual assault pursuant to his plea of guilty. Wynn v. State, No. 06-12-00103-CR, 2012 WL 4350440, at *1 (Tex. App.—Texarkana Sept. 24, 2012, pet. ref’d) (mem. op., not designated for publication). The “supporting evidence included Wynn’s DNA recovered from the person of the victim.â€� Id. Wynn believes DNA testing “of the child born ... More...   $0 (10-25-2013 - TX)

William Andrew Allen appeals pro se the trial court’s final decree of divorce. In three issues, he challenges the trial court’s refusal to file his initial pleading, division of property, and failure to establish paternity. For the reasons that follow, we affirm the trial court’s divorce decree.

FACTUAL AND PROCEDURAL BACKGROUND

William and Tina, 1 who is also acting pro se in ... More...   $0 (10-23-2013 - TX)

¶1 Appellants brought suit to enjoin the enforcement of a law, claiming that the law violated the state constitution in four respects. The district court dismissed the first two claims and rejected the second two claims on summary judgment. On appeal, we consider whether Appellants had standing to bring these claims in the first place. We hold that, although they lacked the personal injury requir... More...   $0 (03-19-2013 - UT)

Appellant Colony Cove Properties, LLC, a Delaware limited liability company, is the owner of the Colony Cove Mobile Estates, a mobilehome park (the Park) containing approximately 400 spaces, located in respondent City of Carson (the City). At the time appellant purchased the Park, it was rent controlled.1 Appellant submitted applications for rent increases in September 2007 and again in September ... More...   $0 (10-21-2013 - CA)

All Towing Services LLC (All Towing) appeals from the summary judgment entered in favor of the City of Orange (city) and its city council members, Denis Bilodeau, Jon Dumitru, and Fred Whitaker on All Towing‟s conflict of interest claims arising from the award of a vehicle towing contract. All Towing contends triable issues of fact prevented summary judgment. As we explain, however, All Towing f... More...   $0 (10-22-2013 - CA)