These consolidated cases are back before the Court on the State’s motion for
rehearing in Case No. 3D08-1079 (lower tribunal number 07-10526A). By opinion
filed May 1, 2013, we granted the State of Florida’s motion for rehearing in Case
No. 3D08-1077 (lower tribunal number 05-37152) and denied the State’s motion
for rehearing in Case No. 3D08-1079 (lower tribunal number 07-10

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi

Defendant, the manager of a motorcycle dealership, arranged for the fraudulent sales of vehicles to fictitious buyers. A jury convicted him of 20 counts of grand theft for 20 separate fraudulent sales. We must decide whether defendant was properly convicted of a separate theft for each vehicle fraudulently sold, or whether he could be convicted of only one count of grand theft because all of the s

This appeal arises from a lawyer liability case in which the jury found for Chris Linegar on multiple claims centered around alleged misrepresentations made by the law firm of DLA Piper US, LLP1 regarding a loan. The trial court rendered judgment on the jury verdict in favor of Linegar for $1,164,245.40 in damages and
1In its notice of appeal, DLA Piper notes that its correct name is DLA Piper

In this statutory fraud action involving the “as is� sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan�) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims�). In three issues, Harstan
argues that the “as is� nature of the sale precludes the Kims from recovering on their claim an

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p

Appellee Hall Columbus Lender, LLC (Lender) sued appellant Richard Myers for
breaching contracts in which Myers promised to defend Lender against certain claims. In
response to Lender’s motion for summary judgment, Myers argued as a matter of contract
interpretation that he was not in breach because his duty to defend had not been triggered. The
trial judge granted a partial summ

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC�), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
BACKGROUND
AOH LLC is the maker of a $2,500,000 promissory note which was

This appeal arises from a negligence action filed by CUMIS Insurance Society (CUMIS), the subrogee of Icon Federal Credit Union (Icon), against Wade Massey and his business, Capitol West Appraisals (Capitol). All parties moved for summary judgment. The district court granted Massey’s motion and dismissed CUMIS’s claims after deciding CUMIS failed to establish that Massey owed a duty of care to

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain

¶1 William Tracy Fowler appeals from the district court’s entry
of summary judgment in favor of Paul Teynor and Intermountain
MRO Services, Inc. (IMRO). Fowler claims the district court erred
in finding that principles of res judicata barred his claims against
Teynor and IMRO. We affirm.
Fowler v. Teynor
20121097-CA 2 2014 UT App 66
BACKGROUND
¶2 Fowler worked a

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
Â

¶1 Robert Cardon was employed, and later terminated, by Jean
Brown Research. He sued, asserting five claims against Jean Brown
Research and Jean Brown personally (collectively, JBR). These
included claims for breach of contract, breach of the covenant of
good faith and fair dealing, unjust enrichment, and fraud. The
district court granted summary judgment in JBR’s favor on t

¶1 This appeal arises from litigation that has been ongoing for
more than fifteen years over a family trust. The Defendants Albert
“Skip� Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.
Peterson (collectively, the Trustees) appeal from the district court’s
order that certain trust property be removed from the trust. They
also challenge the court’s decision to

¶ 1 Southern Management Corporation Retirement Trust (SMCRT) seeks review of the district court’s grant of summary
* The court has added ¶ 61 and altered ¶ 62 to address appellees’ request for attorney fees on appeal.
DILLON v. SOUTHERN MANAGEMENT
Opinion of the Court
judgment in favor of Douglas C. and Molly R. Dillon. The district court determined that the trust deed encum

A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be b

This case is all about betting on the come and the pitfalls inherent in doing that. Bannum, Inc. contracted with Eugene Mees to buy the latter’s building. The contract was contingent upon Bannum 1) winning a bid with the Bureau of Prisons (BOP) to provide a half-way house for convicted individuals and 2) beginning the performance of

2

those services; that is, if either contingency

[¶ 1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate th

¶1 Claimants Gregory Duncan, Sherri Donovan, and Terry Dougherty (collectively,
Duncan) and Skelton Angus Ranch, Inc. (Skelton) appeal from a decision of the Montana
Water Court that amended the Water Master’s (Water) Report and adopted it as amended.
We affirm.
¶2 We address the following issues:
¶3 1. Did the Chief Water Judge properly admit historical documents prepared

Roy1 filed suit to terminate the parent-child relationship between him and J.K.B. and J.D.B., pursuant to Texas Family Code section 161.005. See TEX. FAM. CODE ANN. § 161.005 (Vernon 2014). The statute permits a man to terminate the parent-child relationship with a child if he satisfies certain statutory criteria

1 We refer to the parties involved by either first names only or initials to

This proceeding arises out of a qui tam action against Bristol-Myers Squibb Co. to impose civil penalties for violation of the Insurance Fraud Prevention Act (IFPA), Insurance Code section 1871 et seq. The relators allege Bristol-Myers employed runners and cappers to induce physicians to prescribe its drugs to their patients.

The California Insurance Commissioner and related petitioners s

Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods'


2

real estate agent, Paul Ferrell.1 Peake sought to recover damages for defendants' alleged failure to disclose defective subfloors in the home.

After the case had been pending for more than one year, Ferrell moved for t

As they say, timing is everything. In August 2007, the initial trustee of two family trusts invested millions in the Rockwater American Municipal Fund, LLC (RAM Fund)—a hedge fund engaged in municipal arbitrage.1 The RAM Fund was managed by Rockwater Municipal Advisors, LLC (RMA), its managing member. In November 2007, Charles Fish Investments, Inc. (CFI) transferred its assets to Rockwater CFI,

This is a personal injury case that grew out of an automobile accident. According to the pleadings, appellants Monique Watts and Shedrick Jones sued appellee Bealie Hancock, alleging that Hancock operated her vehicle negligently when she made a left turn in front of the vehicle which was driven by Jones and in which Watts was a passenger. Hancock, in turn, filed a counterclaim for contribution, al