Cracker Barrel Old Country Store, Inc., and Cracker Barrel Associates, LLC, (collectively “Plaintiffs�) own certain real property on Sidco Drive in Davidson County.2 Mr. Richard Epperson and Mr. Timothy Causey (collectively “Defendants�) own real property that adjoins Plaintiffs’ property. Both parcels have, since October 31, 1980, been subject to a Declaration of Reciprocal Rights and E

{¶ 1} This case is before the court on Plaintiff-appellant Matthew Trutschel’s direct appeal from a March 14, 2008, trial court decision granting summary judgment in favor of Defendant-appellee Kettering Medical Center, dba Kettering College of Medical Arts (KCMA). For the first time, Trutschel also attempts to challenge the trial court’s January 10, 2007, decision to disqualify his original

{¶ 1} Defendants, Gary Sheaffer and Jason Sutton, appeal from orders denying their motions for summary judgment and granting partial summary judgment for Plaintiff, Hidy Motors, Inc. (“Hidy�), on Sheaffer and Sutton’s counterclaims arising from their former employment by Hidy.

{¶ 2} Hidy is an automobile dealership. Hidy hired Sheaffer to work as a car salesman in November of 2005.

{¶ 1} This case presents the question of whether the purchaser of an automobile may use parol evidence to contradict the terms of a final written purchase agreement in a Consumer Sales Practices Act action against an automobile dealer who allegedly failed to integrate an oral representation into the final written purchase agreement. Absent fraud, mistake, or other invalidating cause, a final writ

Defendant, W. A. Foote Memorial Hospital (“Hospital�) appeals as of right a judgment in favor of plaintiff, James Ykimoff, following the trial court’s denial of its motion for new trial or for judgment notwithstanding the verdict (“JNOV�) in this medical malpractice action. Plaintiff cross appeals the trial court’s order granting partial summary disposition resulting in the dismissal o

Defendant Ahrens Construction, Inc., appeals by right the judgment entered after bench trial for plaintiff Miller-Davis Company on its breach of contract claim. Plaintiff cross-appeals the trial court’s entry of a judgment of no cause of action on plaintiff’s claim for contractual indemnity of the amount awarded for breach of contract and its attorney fees for this action. Defendant argues tha

Camarie Mangum appeals the district court’s determination that her action against Bonneville Billing & Collections, Inc. (“Bonneville�), under the Fair Debt Collection Practices Act (“FDCPA�)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di

ppellant, Norma Flores Lagos, appeals the trial court's order denying her no-evidence motion for summary judgment. After Lagos failed to attend the trial on the merits, the trial court entered a final judgment against Lagos. We affirm.

I. Background

On May 19, 2005, appellees, Fela B. Olivarez, a licensed attorney, and Dr. Gene Trevino, a property evaluation expert, filed suit agains

Chusukdi and Sopintra[1] Temcharoen filed this suit against United Fire Lloyds for breach of contract of their homeowner=s insurance policy. They alleged that United Fire Lloyds failed to completely pay for damages they incurred as a result of Hurricane Rita. The homeowner=s policy covered damage to the house, and in an endorsement, United Fire Lloyds also agreed to reimburse the Temcharoens for

This case involves disputes regarding the purchase of a portfolio of delinquent accounts arising from rental agreements (the assets) for approximately $5 million. Worldwide Asset Purchasing, L.L.C., Atlantic Credit and Finance Special Finance Unit, L.L.C., and NCOP Capital II, L.L.C., (collectively the Worldwide Purchasers) purchased the assets from Rent-A-Center East, Inc., Rent-A-Center West, In

Homeowners sued a building contractor, supplier, surety, and individuals involved in the construction of their retirement home for breach of contract, negligence, fraud, and violations of California‟s licensure requirements. The trial court allowed certain theories against the building contractor to go to the jury but granted nonsuit and directed verdicts on the rest. The jury then found against

Plaintiff Gail McMahon sued defendants Diane Craig, D.V.M., Veterinary Surgical Specialists, Inc., and Advanced Veterinary Specialty Group, LLC, for, inter alia, veterinary malpractice and intentional infliction of emotional distress after McMahon‟s dog died while in defendants‟ care. McMahon contends the trial court erred in sustaining defendants‟ demurrer to her intentional infliction of e

At first we did not know what to make of this case. There was a $10 million judgment obtained by a nationwide groundwater pumping and control company, against its liability insurer. The compensatory damages -- all of which consisted of the attorney fees and costs incurred to sue the insurer for the $10 million -- were about $1 million.1 What foul deeds had the insurer committed, we wondered, that

In the underlying lawsuit, the trial court rendered a partial summary judgment in favor of defendant, EMC Mortgage Corporation ("EMC"), on all but one of the claims asserted by the plaintiffs, Ray K. Hansberger and Connie B. Hansberger. After the Hansbergers non-suited their remaining claim, the trial court granted EMC's motion to dismiss. This appeal followed. In three issues, the Hansbergers ar

The Employees Retirement System of Texas ("ERS") brought suit against appellees Putnam, LLC, d/b/a Putnam Investments; Putnam Investment Management, LLC ("PIM"); and Putnam Advisory Company, LLC ("PAC") for fraud, fraudulent inducement, breach of contract, negligent misrepresentation, and tortious interference with prospective business relations. (1) The trial court disposed of ERS's claims by gra

Appellants All American Telephone, Inc. (AAT), Nelson Thibodeaux, Jamie Thibodeaux, and Tony Nowik appeal the trial court=s orders granting appellees USLD Communications, Inc.=s (USLD)[1] and Qwest Services Corporation=s (Qwest)[2] traditional and no-evidence motions for summary judgment. In four issues, appellants contend that the trial court improperly excluded their summary judgment evidence a

This is a summary judgment appeal. Seventh- and eighth-grade students in a middle-school journalism class made verbal and written statements to their journalism teacher, to other school officials, and to on-campus police following a classroom incident involving a fellow classmate, C.H. In the statements, the students accused C.H. of making threats to them.[2] As a result of the statements, Appe

In three issues, Appellant Lainie Whitmire appeals the summary judgment entered against her and in favor of Appellee National Cutting Horse Association (the NCHA). We will affirm in part and reverse and remand in part.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The NCHA

The NCHA is a non-profit association wh

This is a breach of contract dispute brought by appellants, MasTec North America, Inc., and Mastec, Inc. (collectively, “MasTec�), against appellees, El Paso Field Services, L.P. and Gulfterra South Texas, L.P., f/k/a El Paso South Texas, L.P. (collectively, “El Paso�). El Paso engaged MasTec to replace a butane pipeline for a lump sum of $3.6 million, known as the “Butane Shuttle Replac

¶1 Plaintiff/Appellant Okmulgee County Rural Water District No. 2 (Okmulgee) seeks review of the trial court's order granting the motion for partial summary judgment of Defendant/Appellee Beggs Public Works Authority, a public trust (Beggs). In this accelerated review proceeding, Okmulgee complains the trial court erred in holding Beggs' violation of the Oklahoma Open Meeting Act (OMA), 25 O.S. Â

Drury Southwest, Inc. sued Louie Ledeaux #1 Inc. on a breach of contract theory claiming that Louie Ledeaux breached its lease agreement with Louie Ledeaux over the operation of a stand alone restaurant located in front of a Drury hotel in north San Antonio.

Louie Ledeaux counterclaimed on breach of contract, fraud, negligent misrepresentation, violations of the Texas Property Code and v

¶ 1 The instant matter is an action based on claims of negligence, breach of warranty and strict liability stemming from a single engine aircraft crash.1 Appellants, the adult children of decedents Ronald Moyer and Judy Moyer, appeal from the trial court’s Orders granting summary judgment in favor of Appellee Teledyne Continental Motors, Inc. (hereinafter “TCM�), and Appellee Piedmont Hawth

Plaintiff Hayim Real Estate Holdings, LLC, appeals the trial court’s final order granting the defendants’ Motion for Final Summary Judgment. Because we conclude that there are unresolved genuine issues of material fact, we reverse and remand for further proceedings consistent with this opinion.

I. Factual Background

On April 3, 2004, Hayim, as purchaser, and defendant H. Moon

Plaintiffs, former employees of U.S. West, Inc. (U.S. West) and Qwest Communications International, Inc. (Qwest), filed this putative class action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, challenging certain amendments to an employee benefit plan that purported to eliminate a so-called “pensioner death benefit.� The district court grant

Consumers seeking to bring a class action alleged that four auto dealerships failed to make statutorily mandated disclosures when selling used vehicles. Two of the dealerships moved to dismiss the complaint against them because the consumers had not specifically alleged that class representatives purchased vehicles at those dealerships. The superior court dismissed the consumers’ claims against