Mandamus Law
 
Coalition for Clearn Air v. City of Visalia

A labor union, three public interest organizations, and an individual filed a lawsuit challenging the City of Visalia‟s (City) handling of VWR International, LLC‟s proposal to build a large distribution facility in Visalia. Plaintiffs alleged that the City‟s approval of the project violated the California Environmental Quality Act (CEQA)1 and provisions of the Visalia Municipal Code regardin... More...   $0 (09-14-2012 - CA)

Jennifer Harvard v. The Village of Palm Springs

Jennifer Harvard, on behalf of her son, a minor, appeals the circuit court’s denial of her petition for a writ of mandamus which, if granted, would have compelled the Village of Palm Springs (the “Village”) to produce law enforcement records relating to a juvenile investigation. We hold that the Village was not required to produce the requested records, and affirm.

Harvard is seeking ... More...
   $0 (09-14-2012 - FL)

City of Boca Raton v. Martin Siml

The City of Boca Raton (“the City”) appeals from a final order granting a writ of mandamus compelling the City to process a citizen initiative petition that would enact an ordinance to amend the city code. In addition, the Greater Boca Raton Beach and Park District (“the District”) appeals the trial court’s denial of its motion to intervene. We affirm the trial court’s order of mandamu... More...   $0 (09-14-2012 - FL)

Gordon Polley, M.D. v. Martha Gardner

Petitioners, Gordon Polley, M.D., and North Florida Surgeons, P.A., filed a petition for writ of mandamus seeking an order compelling the trial court to enter final judgment confirming an arbitration award entered in their favor. We grant the petition.

In 2008, the respondent, Martha Gardner, filed a complaint for medical malpractice against the petitioners, among others. The petitioners’... More...
   $0 (09-14-2012 - FL)

The City of Fort Worth v. Cicilia Jacobs

This is an interlocutory appeal by Appellant the City of Fort Worth from the trial court’s order that granted in part and denied in part the City’s plea to the jurisdiction. Based on allegedly discriminatory and unconstitutional employment practices, Appellee Cecilia Jacobs filed suit against the City asserting, in addition to other claims not at issue here, violations of her rights under t... More...   $0 (09-14-2012 - TX)

John P. Burnham v. California Public Employees Retirement System

This case is about the procedures two individuals must follow to become domestic partners under California law.

James Burnham (Burnham) and real party in interest Kathleen Honeyman (Honeyman) wanted to become domestic partners. On a Saturday morning, they completed a notarized declaration of domestic partnership. Later that afternoon, Burnham died. The following Monday, Honeyman presented t... More...
   $0 (08-31-2012 - CA)

Jacob Oliver v. Prime Insurance Company

This is an appeal from the trial court‟s dismissal of plaintiff‟s lawsuit based on a finding of an enforceable forum-selection clause. Appellant argues that the trial court erred in dismissing his claims against Xinsurance and Evolution Insurance Brokers (“EIB”) and in denying his motion to modify the order of dismissal. We affirm the judgment of the trial court.

FACTUAL AND PROCEDU... More...
   $0 (09-08-2012 - TX)

Woody K. Lesikar v. Carolyn Ann Lesiker Moon

In this appeal, we consider challenges to the trial court’s award of attorney’s fees on remand in a dispute between siblings related to a family trust and their deceased father’s estate. We affirm the trial court’s judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special Trust, filed suit ... More...
   $0 (08-30-2012 - TX)

Kay Davidson v. McLennan County Appraisal District

Kay Davidson, Richard Martin, and Michael Jones (the Retirees) had retired from employment with the McLennan County Appraisal District (MCAD). Since their retirement, MCAD had allowed them to participate in health insurance coverage through MCAD by timely paying their own premiums. They found out in 2010 that they would no longer be allowed to participate in MCAD’s health insurance program.
<... More...
   $0 (08-31-2012 - TX)

Ray Lynn Kelly v. Visca Karoline Amasaman Kelley

¶1 The original action involves a custody dispute. At issue are the constitutionality of 43 O.S. Supp. 2006 §107.3(A)(2)(e),1 providing that no discovery shall be allowed of the guardian ad litem, and the trial court's order2 prohibiting the guardian ad litem from being called as a witness in the cause.3 We consider the constitutionality of §107.3 only to the extent that it can be construed to ... More...   $0 (12-18-2007 - OK)

Aimee Delyn Halleman v. Edward Charles Halleman

In five issues, Appellant Aimee Delyn Halleman appeals from the divorce decree dissolving her marriage to Appellee Edward Charles Halleman and from an order awarding Edward attorney’s fees pending appeal. We will affirm.

II. Background

Aimee and Edward married in October 2000. They lived in Flower Mound; had one child together, L.L.H., born in June 2005; and both work... More...
   $0 (08-23-2012 - TX)

Todd C. Brennan v. City of Willow Park Texas

On June 21, 2012, this court issued an opinion reversing the trial court’s judgment and remanding Appellants’ claims for declaratory judgment, for injunctive relief, and for a writ of mandamus asserted against all Appellees, to the trial court for further proceedings. Appellee City of Aledo filed a motion for rehearing and motion for en banc reconsideration. After due consideration, we deny ... More...   $0 (08-16-2012 - TX)

The City of Caldwell, Texas v. Paul Lilly

Appellant, the City of Caldwell (the “City”), complains about the trial court’s denial of its plea to the jurisdiction in favor of appellee, Paul Lilly. In two issues, the City contends that the trial court erred in denying the plea to the jurisdiction because Chapter 101 of the Texas Labor Code does not waive governmental immunity and does not apply to public employees, and because Lilly’... More...   $0 (08-08-2012 - TX)

Matinee Media Corp. v. Eugenio Falcon

Matinee Media Corp., Magnolia Radio Corp., Rick Deitrick, and Greg Shapiro appeal the trial court’s order granting injunctive relief, asserting: (1) the trial court abused its discretion because no evidence was presented in support of the injunctive relief granted; (2) the order was signed after the trial court’s plenary power had expired; (3) the order deprived the appellants of due process o... More...   $0 (08-03-2012 - TX)

Jeffrey Willemsen v. Ivacare Corporation

2 Defendant CTE Tech Corp. is a Taiwanese corporation that manufactures
battery chargers.1 3 Defendant Invacare Corporation is an Ohio corporation that
4 manufactures motorized wheelchairs. CTE agreed to supply Invacare with battery
5 chargers built to Invacare's specifications, which Invacare then sold with its motorized
6 wheelchairs in Oregon and the rest of the United States. P... More...
   $0 (07-19-2012 - Or)

The Kansas City Southern Railway Company v. Ronald K. Oney

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appellee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict ... More...   $0 (07-19-2012 - TX)

Paul Goldstone v.County of Santa Cruz

Appellant Paul Goldstone Trust U.T.D. June 27, 2003 (Goldstone) appeals from a judgment entered on its petition for writ of administrative mandamus, in which it sought to overturn the decision of the Santa Cruz County Board of Supervisors denying its application to convert the Alimur Mobilehome Park (Alimur) from rental to condominium ownership. That petition was opposed in the trial court by resp... More...   $0 (07-17-2012 - CA)

Minnie R. Suarez v. Gloria Catillo

This is an appeal from an enforcement order entered subsequent to the entry of a divorce decree in which the trial court dissolved the marriage of Santiago Suarez and Minnie R. Suarez and made a division of the marital property. When it entered its enforcement order, the trial court ordered Minnie to execute certain documents necessary to effectuate the terms of that decree. She did not do that ... More...   $0 (07-12-2012 - TX)

Wayne Ernest Barker v. Thomas Hutt

This is an appeal from the trial court’s order declaring Wayne Ernest Barker a vexatious litigant and dismissing his lawsuit after he failed to furnish court-ordered security. See Tex. Civ. Prac. & Rem. Code Ann. §§ 11.001–.055 (West 2002 & Supp. 2011). In four “assignments” of error, appellant claims that (1) the trial judge erred in failing to recuse himself; therefore, all subsequen... More...   $0 (07-12-2012 - TX)

Misty Lynn LaChance v. George Valverde

Misty Lynn LaChance pled guilty to driving under the influence of alcohol (DUI), and the Department of Motor Vehicles (the DMV) suspended her driver‟s license for six months, pursuant to Vehicle Code section 13352, subdivision (a)(1). (All further statutory references are to the Vehicle Code, unless otherwise specified.) This suspension was imposed concurrently with a one-year administrative per... More...   $0 (07-06-2012 - CA)

City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The City of San Antonio appeals the trial court’s denial of its pleas to the jurisdiction in this lawsuit by the Rogers Ranch property owners and developers seeking a declaratory judgment recognizing the development project’s vested rights under Chapter 245 of the Texas Local Government Code. TEX. LOC. GOV’T CODE ANN. §§ 245.001-.007 (West 2005). The issues in this interlocutory appeal are... More...   $0 (07-05-2012 - TX)

Domino's Pizza, LLC v. Christopher Umanzor

While in the course and scope of his employment as a delivery driver for appellant Domino’s Pizza, L.L.C., (hereinafter, Domino’s, L.L.C.) appellant Hugo Espinosa ran over fifteen­‑year‑old appellee Christopher Umanzor, who had been riding his skateboard. Seeking damages for the serious injuries suffered by Christopher, his parents, appellees Manuel Umanzor and ­Letitia Umanzor... More...   $0 (06-15-2012 - TX)

George T. Paeth v. Worth Township

George and Margaret Paeth faced many hurdles from Worth Township in trying to renovate their home. Eventually, they took the Township to court, where a jury awarded them $600,000 on First Amendment retaliation and procedural due process claims. The Paeths did not establish a procedural due process violation, because the process they were afforded was constitutionally sufficient. There was, however... More...   $0 (06-08-2012 - MI)

Robert L. Sherman v. State of Illinois

In 2008, the Illinois General Assembly passed a $5 million appropriation for a grant program to be administered by the Illinois Department of Commerce and Economic Opportunity (the Department).

Robert Sherman, an atheist, discovered that among the grants the Department chose to issue was a $20,000 transfer to Friends of the Cross (Friends) for the restoration of an enormous Latin cross know... More...
   $0 (06-04-2012 - IL)

Willie Hooper Grendke v. Robert V. Hooper

Willie Hooper Gendke appeals from the trial court’s order denying her petition for a bill of review. She raises four issues on appeal. We affirm.

BACKGROUND

Gendke and Robert V. Hooper are the children of Ruby Treva Carter. Treva died on April 29, 1989. At the time of her death, Treva was married to James Douglas Carter, Sr., Gendke and Hooper’s stepfather. Treva left a will ... More...
   $0 (05-31-2012 - TX)

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