| Charlotte B. Lytz v. Susan Whaley, Frank Harrell, Paul Harrell and Dennis Stautz |
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Charlotte B. Lytz appeals the trial court's judgment awarding appellees Susan Whaley, Frank Harrell, Paul Harrell, and Dennis Stautz $97,333.33, plus interest, attorney's fees, and costs, against Lytz for breach of a contract for the sale of real estate. We reverse the judgment and remand the case to the trial court. |
| Susan Gail Messina v. Louis Anthony Messina |
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Appellant, Susan Messina, sued her ex-husband, Louis Messina, to recover assets that he allegedly failed to disclose during their 1999 divorce proceeding. The trial court granted Louis’s motion to dismiss the suit with prejudice and ordered Susan to pay Louis’s attorney’s fees. On appeal, Susan contends that the trial court abused its discretion in: (1) dismissing the suit with prejudice a... More... $0 (07-25-2008 - TX) |
| Ronald Lenn and Kathleen Lenn v. Dennis Bottem and Julia Bottem |
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Plaintiffs initiated this action to obtain title to a strip of defendants' land by way of adverse possession or boundary by agreement. The trial court rejected their claims and ruled for defendants. Defendants then sought an award of attorney fees under ORS 20.105(1) and an enhanced prevailing party fee under ORS 20.190(3), arguing that there was no objectively reasonable basis for either of plain... More... $0 (07-24-2008 - OR) |
| Charles Jeffrey Robinson v. North Pond Hunting Club, et al. |
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As a result of a disagreement, the members of the North Pond Hunting Club, a group of avid hunters who had come together to purchase and improve land in furtherance of their hobby, determined that one memberSthe plaintiff, Charles Jeffrey Robinson–needed to be removed from membership in the land trust which owned the hunting property in question. The proposal to remove Robinson was not ... More... $0 (06-17-2008 - IL) |
| Hal Owens v. M.E. Schepp Limited Partnership |
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1 This case involves a dispute about the partition of land held by family members as tenants in common. The issue for decision is whether an alleged oral partition agreement was removed from the statute of frauds by part performance. I. 2 Hal Owens and the M.E. Schepp Limited Partnership ("the Partnership") own land at Missouri Avenue and 22nd Street in Phoenix ("the Parcel") ... More... $0 (05-11-2008 - AZ) |
| Lucent Technologies, Inc. v. Gateway, Inc., et al. |
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This is a patent case pertaining to alleged infringement by Microsoft Corp. ("Microsoft") and Dell Inc. ("Dell") of two patents, U.S. Patent No. 5,649,131 ("the '131 patent") and U.S. Patent No. 4,701,954 ("the '954 patent), owned by Lucent Technologies Inc. ("Lucent"). The United States District Court for the Southern District of California granted summary judgment of non-infringement of the '131... More... $0 (05-08-2008 - CA) |
| Carl Keen v. Tommy Campbell and Becky Campbell |
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Carl Keen ("Appellant") appeals the trial court's judgment which granted his "Petition for Partition of Land," but which ordered the real estate at issue be sold at public sale as opposed to partitioned in kind as he requested. Viewing the evidence in the light most favorable to the trial court's judgment, Thomas v. Lloyd, 17 S.W.3d 177, 182 (Mo.App. 2000), the record reveals that on January 22, ... More... $0 (04-21-2008 - MO) |
| Sharon Swank Backhus v. Haven Lynn Werchan Wisnoski |
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This is an appeal from a declaratory judgment action. Appellants sought a judicial declaration that the partition of certain lands inherited by life tenants, Sharon Swank Bacchus and Benjamin F. Swank, III ("B. F."), was valid and binding on all parties. Appellants challenge the trial court's denial of their request for declaratory judgment in two issues: (1) Is the partition made by Sharon Swank ... More... $0 (03-14-2008 - TX) |
| Beverly Gish, Administratrix for the Estate of Jesse Brandon Gish v. Jimmy Thomas, Individually and in his official capacity as Sheriff of Pike County, Georgia, etc. |
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This appeal about an unusual suicide by a prisoner presents a fact-intensive issue: whether an officer responsible for transporting a pretrial detainee in a police car and aware that the detainee is a strong suicide risk is deliberately indifferent to that risk when the officer leaves a loaded firearm in the front seat of the car while the detainee is in the rear seat in handcuffs and behind a... More... $0 (02-05-2008 - GA) |
| William W. Dexter v. Joe F. Brake and B. Eugene Blankinship |
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Joe F. Brake (operator) and B. Eugene Blankinship (collectively Lessees), lessees of an oil and gas lease covering two tracts in Chautauqua County, appeal the district court's summary judgment cancelling their lease in favor of William W. Dexter and Margaret Jane Dexter (as trustees of revocable trusts) and Kenneth W. Nelson and Helen O. Nelson (collectively Lessors), to the extent of their int... More... $0 (01-28-2008 - KS) |
| Dave Robinson v. Alter Barge Line, Inc. |
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The plaintiff was a deckhand on a barge owned by the defendant, a company that provides shipping by barge in inland waterways, mainly the Mississippi River. See "Alter Barge Line, Inc. - History," www.alterbarge.com/history.html (visited Dec. 7, 2007). On three occasions he complained to management that crew members were using illegal drugs while on duty. Shortly after the third rep... More... $0 (01-17-2008 - IL) |
| Rosemary Connell v. Edward Diehl |
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In this quintessential palimony action, defendant Edward Diehl appeals from a December 6, 2005, judgment in favor of plaintiff Rosemary Connell awarding $107,494.40 in palimony, $70,000 as a return of an inheritance Connell received in 1997 and gave to Diehl and $15,000 in counsel fees, less a partial payment of $36,000 from Diehl to Connell after they separated. Connell cross-appeals f... More... $0 (01-14-2008 - NJ) |
| McRae v. SSI Development, LLC |
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Margie McRae appeals pro se from the trial court's order adopting the special master's report and denying her petition to quiet title to property on St. Simon's Island. Finding no error, we affirm. 1. The record reveals that the trial court entered three different final orders denying McRae's claims in this quiet title action. The trial court's first order was filed December 19, 2006;... More... $0 (01-08-2008 - GA) |
| Gary W. Short v. Eddie D. Short |
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Based on these findings, the trial court rendered judgment that Gary owns a one-tenth undivided interest in the property and Eddie owns a nine-tenths undivided interest. In his first issue, Gary challenges the trial court=s finding that M.L. and Neta acquired the property during their marriage and complains that the trial court erred in rendering judgment that he owns a one-tenth interest... More... $0 (01-05-2008 - TX) |
| Bills Signs Trucking, LLC, et al. v. Signs Family Limited Partnership, et al. |
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We hold in this case that a tenant's preemptive purchase rights under a commercial lease are not triggered by the conveyance of an interest in the property between copartners in a family limited partnership that owns the property and is the landlord. We affirm the judgment for the defendants. FACTUAL AND PROCEDURAL BACKGROUND William Signs, Jr., owned Bill Signs Trucking, Inc.,... More... $0 (12-19-2007 - CA) |
| Thomas Silva v. Margaret Fitzpatrick |
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This case came before the Supreme Court on December 4, 2006, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing arguments of counsel and reviewing the memoranda of the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time. We affirm th... More... $33895 (01-29-2007 - RI) |
| George W. Moore, Esq. et al. v. Carol C. Ballard, et al. |
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The entitlement to attorney's fees in an action to partition a twenty-eight-acre parcel of Newport real estate (Edgehill property) that formerly housed Edgehill Newport, an alcohol rehabilitation center, is the substance of this appeal. The plaintiff, George W. Moore, Esq., as trustee of the SVF Foundation (SVF Foundation), appeals from a Superior Court order denying an award of attorney's ... More... $0 (01-29-2007 - RI) |
| Curtis M. Walton, et al. v. Watchtower Bible and Tract Society of Pennsylvania, Richard Clark Osborne, and Lisa Osborne |
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Appellants were descendants of Lydia Walton, sometimes known as Lyda, and claimed an interest in real property by virtue of inheritance from her. Appellants brought suit against Appellees, namely the Watchtower Bible and Tract Society of Pennsylvania and its successors in title, on a claim of slander of title and for partition of the property and for declaratory relief. The trial court render... More... $0 (01-11-2007 - TX) |
| IN THE MATTER OF THE ASSESSMENTS FOR THE YEAR 2003 OF CERTAIN PROPERTIES |
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¶1 This is an appeal from the trial court's November 24, 2004, order granting summary judgment to the Canadian County Assessor upholding its valuation of taxpayer's property. The appeal was assigned to the accelerated docket pursuant to Oklahoma Supreme Court Rule 1.36(a)(1), 12 O.S.2001 and Supp. 2003, ch. 15, app. 1. Based upon our review of the record and applicable law, we reverse and remand ... More... $0 (12-08-2006 - OK) |
| Ron Bixler v. Oro Management, LLC and Brad Hyde, Daniel R. Erd and Zan Pasma |
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[1] Ron Bixler and Oro Management, L.L.C. ("Oro") owned 1700 acres of land near Atlantic City, Wyoming, ("the Atlantic City property") as tenants in common. After seeking a partition of the land and agreeing with Oro to a partition procedure that differs from the statutory procedure, Bixler failed to perform the agreed-upon steps to effectuate the division. The district court, therefore, enforced ... More... $0 (11-08-2006 - WY) |
| David Fite v. Harold Wilson, et al. |
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Harold Wilson filed a partition suit alleging that he owned an undivided one-half interest in a forty-acre tract. Jeff Speed acquired title to the entire forty-acre tract in 1928 and in 1949 conveyed an undivided one-half interest to Harrison Speed and wife. After several intervening transfers, Wilson now owns the one-half interest originally conveyed to Harrison Speed. The one-half interest of... More... $0 (07-07-2006 - TX) |
| Kwang Hoon Kim, et al. v. Song Yi, et al. |
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This case arises from a wrongful death action which involved several decedents, and raises a single question about apportionment of the proceeds of the settlement of such an action: whether the heirs of those decedents (plaintiffs in the wrongful death action) are entitled to have a jury apportion the settlement proceeds, or whether the matter may be decided by the court, sitting without a ... More... $0 (05-16-2006 - CA) |
| Crisanta Johnson v. Michael Aguirre |
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Partition action in which Plaintiff contended that Defendant gave her, as a gift, a one-half ownership interest in a residence located in San Diego, in 1994. Defendant contended that he never delivered the grant deed to Plaintiff. Additionally, Defendant asserted numerous affirmative defenses and filed a cross-complaint to quiet title and for declaratory relief.... More... $0 (02-28-2006 - CA) |
| Genevieve Lynn Orud, et al. v. Nancy A. Groth, et al. |
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The appellant, Nancy Groth, appeals an adverse judgment in an action brought by her siblings to obtain their share of the proceeds from the sale of property originally owned by the parties' mother. The plaintiffs filed a cross-appeal asserting the court erred in failing to enter judgment against the other defendants, in calculating the plaintiffs' damages, and in failing to order partition of ... More... $0 (01-16-2006 - IA) |
| Efrat Ungar, et al. v. The Palestine Liberation Organization |
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This appeal raises exceptionally important questions of justiciability and sovereignty, emblematic of unsettled political conditions that have plagued the Middle East for many years. In it, the Palestinian Authority (PA) and the Palestine Liberation Organization (PLO) ask us to countermand the district court's refusal to dismiss the action against them. They contend that the case hinges on a no... More... $0 (09-14-2005 - RI) |
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