By interlocutory appeal, appellants, AutoNation USA Corp.; AutoNation, USA; AutoNation, Inc.; AutoNation, Inc. a/k/a Mercedes Benz of Houston–North; Houston Auto Imports North, Ltd.; Houston Auto Imports North, Ltd. d/b/a Mercedes Benz of Houston North; AutoNation Inc., a/k/a Mercedes Benz of Houston–Greenway; Houston Auto Imports Greenway, Ltd. d/b/a Mercedes Benz of Houston–Greenway (collecti

The plaintiff, Diane Molleur, appeals from the judgment rendered by the trial court granting the defendant William Perkins'1 motion to dismiss her appeal from the Probate Court for the district of Derby. The plaintiff claims that the trial court improperly dismissed her appeal after concluding that it lacked subject matter jurisdiction.2 We reverse the judgment of the trial court.

Th

Relator, L. David Ormerod, M.D., seeks a writ of mandamus to require Respondent to transfer the underlying case to Jackson County, Missouri. The alternative writ in mandamus is quashed, because venue is appropriate in Boone County, Missouri.

At issue here is an alleged violation of section 404(a)(1) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1104(a)(1), and the equitable relief awarded pursuant to ERISA section 502(a)(3), 29 U.S.C. § 1132(a)(3). Chevron Corporation (Chevron) appeals from the injunction requiring it to modify its retirement plan records to reflect that six plaintiffs were involuntarily

Plaintiffs, Raintree Homes, Inc., and Raintree Builders, Inc., filed a one-count amended complaint against defendant, the Village of Long Grove (the Village), seeking a declaratory judgment as to the validity of a Village ordinance requiring the payment of impact fees to the Village to obtain building permits and a refund of those fees paid by plaintiffs. The circuit court of Lake County dismis

This action seeks a declaratory judgment, an injunction, and mandamus relief concerning article XVIII, § 12b (Amendment 14) of the Colorado Constitution, which prohibits trapping and poisoning of wildlife subject to limited exceptions.

Plaintiff, Rocky Mountain Animal Defense, appeals the judgment entered after a bench trial refusing injunctive or mandamus relief and declaring that the

As part of its services, UILIC issues various types of insurance policies, including variable-annuity insurance policies. A variable-annuity insurance policy is an investment vehicle that combines aspects of insurance and securities. All of the W&R defendants are financial services organizations. W&R sold and serviced the variable-annuity insurance policies issued by UILIC. At the outset o

Proposition 103, approved by the voters on November 8, 1988, requires automobile insurance companies to determine rates, premiums, and insurability based on certain rating factors.

Plaintiff, whose automobile was insured with Mercury Insurance Company (Mercury), filed this action under the California Unfair Competition Law (UCL) (Bus. & Prof. Code, §§ 17200–17210), alleging that Mercu

Appellants Dorena Harrison and Tina R. Joseph appeal from the dismissal of their cause for want of prosecution. In two issues on appeal, they contend that the court erred in dismissing the cause and in denying reinstatement. We will affirm the trial court's judgment.

Factual and Procedural Background

This case was filed in October 1995, based on an accident that occurred in January

Plaintiff, William Werst, sued defendants, Three Fires Council of the Boy Scouts of America (the Council) and the Boy Scouts of America (BSA), seeking, inter alia, a declaratory judgment (735 ILCS 5/2--701 (West 2002)) that the revocation of Werst's BSA membership was inconsistent with the organization's rules. In another count of Werst's 10-count amended complaint, Werst sought a writ of manda

This case consolidates two appeals, both arising from the Little Rock School District's request for unitary status. First, the Joshua Intervenors1 appeal from the District Court's2 denial of their Motion for Recusal of District Judge and Vacating of Orders, Rulings, and Judgments. We review a district court's denial of recusal for abuse of discretion. See In re Hale, 980 F.2d 1176, 1178 (8t

The court has consolidated these appeals on its own motion.(1) See Fed. R. App. P. 3(b)(2). In case No. 03-3065, David Novak (whom we shall call "Mr. Novak" to distinguish him from his father, Dr. Alfred Novak), acting as "authorized agent" for the Estate of Alfred Novak, appeals from the district court's order affirming a decision of the bankruptcy court granting the trustee's motion to sell a

{1} Appellant Jerome Block, a current member of the Public Regulatory Commission (PRC), seeks a declaration that he is entitled to be put on the upcoming 2004 ballot for another term as Commissioner of the PRC. He was first elected to the PRC in 1998, won re-election in 2000, and now at the expiration of this four-year term seeks to run for a second four-year term. The New Mexico Constitut

1 The trial court plaintiff, Terry Horry (Horry), appeals a decision denying her application for a writ of mandamus addressed to the trial court defendants, City of Tulsa and others (City).

BACKGROUND

2 Horry is a classified employee of City. For reasons not pertinent here, Horry was demoted. She appealed under provisions of the City's Charter and her appeal was heard by the Civil

This is an appeal from an interlocutory order of the district court for Douglas County denying a motion filed by the law firm of Lamson, Dugan & Murray, L.L.P. (Lamson firm), which sought leave to appear on behalf of Pennfield Oil Company, and disqualification of the law firm of Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. (Fitzgerald firm), which has served as counsel for Pennfield Oil

Appellants, five members of the Phillips County, Arkansas, Quorum Court ("QC") appeal the district court's grant of summary judgment for defendants, various Arkansas state and county officials. Appellants' federal civil rights and constitutional claims arose from their four-day incarceration for refusing to vote in favor of an ordinance that would have referred a tax initiative to Phillips

Appellants, attorneys George R. Neely and Waverly R. Nolley, challenge the trial court's final judgment disposing of their claims asserted against appellees, Valencia L. Hubbard, Robert Ira Kahn, Ashley Specia, J. Felix Gonzales, Gloria Bean, Frederick Spencer Hubbard, Andrea Bobin, individually and as next friend of Lefreida Terrel Hubbard, Lisa Ann Salinas, individually and as next friend of

Plaintiff James M. DeBardeleben brings this appeal pro se under 28 U.S.C. § 1331 and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). His amended complaint alleged inter alia violations of his constitutional rights due to interference with the delivery of his mail from prison, inadequate treatment of his cough, and unspecified threats of impending phys

James M. Turnbow (Turnbow) and Gloria N. Bratcher (Bratcher ) (collectively Relators) filed a Petition for Writ of Mandamus, along with suggestions in support and exhibits, in which they allege that Respondent erred in denying their Motion to Transfer Venue for a cause of action brought by Mark Lichtenfeld (Lichtenfeld) against Relators and pending before Respondent in the Circuit Court of St. Lou

After Ms. Wendy J. Titelman lost custody of her two daughters to their father, she and others presented to the Juvenile Court of Cobb County for filing a petition for adjudication of deprivation. Appellants subsequently filed a petition for mandamus in superior court, alleging that Judge Juanita Stedman (Appellee) refused to allow filing of the deprivation petition or to sign any order or

GTE Mobilnet of South Texas Limited Partnership, d/b/a Verizon Wireless (Verizon) filed a petition for writ of mandamus (No. 09-03-172-CV) and an interlocutory appeal (No. 09-03-141-CV), both of which arise from orders entered by the 60th District Court. In an order signed February 25, 2003, Judge Gary Sanderson denied Verizon's motion to compel arbitration. That same day, Judge Sanderson also ent

On June 30, 2003, the governor approved an appropriation for public elementary and secondary education. He subsequently ordered that part of the appropriation not be distributed. (FN1) Fourteen school districts file a petition for writ of mandamus in this Court seeking to compel the distribution of the appropriated amounts. (FN2) As the governor's action is authorized by the Missouri Constitution,

Lindsie D.L., (See footnote 1) a minor, by her next friend and legal guardian, Judy P., appeals the February 3, 2003, order of the Circuit Court of Grant County that dismissed what she styled as a "Petition or Motion for Visitation," in which she requested the circuit court to grant her the right to regular visitation with her minor half-sibling. We choose to treat this appeal as a petition

Petitioner Fisherman's Wharf Bay Cruise Corporation, doing business as "Red and White Fleet" (Red and White), competes against its sole and dominant competitor, real party in interest Blue and Gold Fleet, Inc. and affiliated entities (collectively, Blue & Gold), in providing regularly scheduled sightseeing tours on San Francisco Bay (bay cruises). Red and White filed an antitrust lawsuit agai

Plaintiff Homer Morgan appeals the district court's decision to grant summary judgment in favor of defendant City of Wichita (City). The City cross-appeals from the court's decision as well. Morgan claims the district court committed error by granting summary judgment to the City. The City cross-appeals, claiming that the trial court should have dismissed the case on jurisdictional grounds and