1 Title 11 U.S.C.A. �5541 of the United States Bankruptcy Code governs abandonment of bankruptcy estate property. It allows the court to order the trustee to abandon any estate property that is burdensome or of inconsequential value and benefit to the estate.2 When an asset has been abandoned by the trustee, it is no longer part of the bankruptcy estate. It reverts to its pre-bankru... More...   $0 (06-16-2005 - OK)

The primary question presented by this appeal is whether a court presiding over an action to partition real property has the power to award a brokerage commission on an unconsummated sale of the property. We have concluded that such an award is precluded by provisions of the Probate Code expressly made applicable to partition actions. We therefore reverse an order allowing a commission on... More...   $0 (04-27-2005 - CA)

This is a Medicaid eligibility case in which the Kansas Department of Social and Rehabilitation Services (SRS) denied the application for benefits filed by Joan Seiker Wilson for her aunt, Regina Brewer (petitioner/appellee). SRS found that Brewer had nonexempt available resources in excess of regulatory limits because she held stocks worth approximately $33,000 in joint tenancy with two nieces... More...   $0 (12-29-2004 - KS)

These cases involve the enforceability of a Nevada District Court judgment that has been domesticated in this state by a filing that complies with the Uniform Enforcement of Foreign Judgments Act, General Statutes §§ 52-604 et seq.1 The judgment debtor has raised three issues. He maintains that enforcement of this judgment in this state is improper because (1) the foreign judgment has be... More...   $0 (12-27-2004 - CT)

This appeal arises from a dispute involving the jointly-owned property of Dale E. Fredericks and the late Allan R. Carpenter through a limited partnership they formed, Broadway-Washington Associates ("BWA"). At issue is a specific parcel of property Carpenter bought back from BWA. Fredericks later purchased a 10% interest in this parcel, sharing ownership with Carpenter as a tenant in common. S... More...   $0 (10-19-2004 - MO)

Food Services Corporation ("Food Services") brought an action against Jeremy Francis Rheam ("Jeremy") asking the trial court to quiet title to the property at issue, declare that Food Services owns an undivided one-half interest in the property, and allow Food Services to partition said property and receive one-half of the net proceeds of a sale of the property. The trial court granted summary ... More...   $0 (10-05-2004 - MO)

The plaintiffs, Joseph Gacke and Linda Gacke, sued the defendant, Pork Xtra, L.L.C., claiming hog confinement facilities operated by Pork Xtra constituted a nuisance. At issue in this appeal is the constitutionality of Iowa Code section 657.11(2) (1999), which gives nuisance immunity to animal feeding operations. The district court ruled the statute effected an unconstitutional taking of priv... More...   $0 (07-06-2004 - IA)

Shailesh Gupta appeals the jury verdict rendered in favor of Eastern Idaho Tumor Institute, Inc. for damages based on breach of fiduciary duty. Appellant contends the contract, on which the damages are based, is unenforceable because (1) the contract is illegal on its face; (2) a condition precedent was not satisfied; and (3) the non-assignment clause contained in the contract was violated. W... More...   $247997 (06-18-2004 - TX)

The Fogartys and the Segals had ownership interests in Jojac/Sejac, Ltd., a limited partnership ("the borrower"). To purchase three pieces of real estate in Texas, the borrower executed a promissory note ("the note") for $6,850,000 in favor of Emmes. On the same day, the borrower secured the note by a first lien, conveyed by a deed of trust ("the deed of trust") in Emmes's favor, on the three p... More...   $0 (03-14-2004 - TX)

This case involves interlocutory appeals from the statutory probate court's order denying appellants' pleas to the jurisdiction and motions to transfer venue. On our own motion, we withdraw our opinion of April 5, 2001 and substitute the following.1 The motion for rehearing filed by Shell Cortez Pipeline Company, Shell CO2 Company, Ltd., Shell Oil Company, Shell Western E & P Inc., and SWEPI L... More...   $0 (01-29-2004 - TX)

In the early 1960s, the United States acquired for a modest sum an 8.6 acre plot of land in Wellfleet, Massachusetts, as part of the creation of the Cape Cod National Seashore. Remote descendants of a man who owned the property until his death in 1873 now seek to overturn a 1964 state court judgment clearing title in favor of the United States' predecessor in interest. The federal district cour... More...   $0 (01-28-2004 - MA)

In this post-divorce proceeding, Sammy Alex Fambro appeals from an order in which the trial court found that Fambro had violated various provisions of the divorce decree by failing to turn certain personal properties over to his former wife, Donna Ann Eddleman, and by failing to pay certain debts.[1] The trial court also found that to require Fambro to deliver the personal property as required by... More...   $0 (01-16-2004 - TX)

Appellant Geoffrey Wood claims that he was unconstitutionally strip searched on three separate occasions by correctional officers at the Hancock County Jail in Ellsworth, Maine. He filed a lawsuit seeking damages under 42 U.S.C. § 1983 from the county, the sheriff, and the jail administrator, but a jury found in favor of the defendants. (1) On appeal, Wood contends that he is entitled to a new ... More...   $0 (01-05-2004 - ME)

In this will construction case, Marjorie Maddox Steger (Mrs. Steger) and her two sons, William L. ("Bill") Steger, Jr. and John Marshal Steger (the Steger sons), appeal the trial court's judgment that appellees are the owners of the working interests in certain oil and gas leases in Montague County, Texas. Because we conclude that the trial court properly construed the will at issue with res... More...   $0 (12-12-2003 - TX)

In December 2000, the Youngs filed a complaint... More...   $0 (12-08-2003 - CO)

This appeal is the latest episode in a long story of litigation commencing in 1997. At different stages it was heard by five judicial officers, culminating in a record of nearly 20,000 pages. The action involves the purchase, operation and eventual sale of a hotel, the Carson Hilton, by three joint venturers, PBA, LLC (hereafter PBA), KRAD Associates, LLC, (hereafter KRAD), and KPOD Ltd. (her... More...   $0 (10-22-2003 - CA)

On September 30, 1999, as Raymond Godefroid was riding a bicycle near the intersection of Vandeventer and Shaw in the City of St. Louis, he was involved in a fatal acci... More...   $0 (10-21-2003 - MO)

Order, Supreme Court, Bronx County (Howard Silver, J.), entered December 19, 2002, which, in an action for personal injuries sustained when plaintiff foster mother was stabbed by defendant biological mother (Alves) just outside the entrance of defendant foster care agency's premises, denied the agency's and defendant Roman Catholic Diocese's motion for summary judgment dismissing the complaint ... More...   $0 (09-04-2003 - NY)

This is a divorce case. In fourteen issues, appellant, Roy Dale Frazier ("Roy"), contends the trial court erred (1) in finding that he and appellee Betty A. Frazier ("Betty") were informally married in Texas in 1981 and had not remarried in California after their first divorce in 1971; (2) in dividing the marital estate; and (3) in awarding attorney's fees to Betty and appellee Nan Kathryn McKi... More...   $0 (09-04-2003 - TX)

John Gomez appeals from a default judgment awarding Kevin Finney $51,989.96 in an action for partition, breach of contract, and contribution. Gomez contends the amount of the award violates Code of Civil Procedure section 580 subdivision (a) which provides in the case of a default "[the] relief granted to plaintiff . . . cannot exceed that which he or she shall have been demanded in his or her... More...   $0 (08-20-2003 - CA)

James E. Dugan appeals from a judgment entered in the Superior Court (Androscoggin County, Gorman, J.) in the amount of $16,389.67 in favor of Kathleen M. Splude. Dugan contends that he received insufficient notice of a contempt hearing, and that an order signed by the Superior Court allowing alternative service on him of a contempt subpoena violated M.R. Civ. P. 66(d)(2)(C). Because we concl... More...   $0 (07-23-2003 - ME)

In 1993, Karen K. Beach ("the daughter") entered into an oral agreement with her parents Mary L. Beach ("the mother") and Ralph W. Beach ("the father"). The agreement arose when the father's health began to fail and the daughter offered the parents the option of building an addition to her own home where they could live for the rest of their lives. The daughter's home is a modest log house loca... More...   $0 (06-30-2003 - CO)

Jeffrey Ladriere ("Lot Owner") appeals the declaratory judgment entered in favor of the trustees of the Berkley Lane Association ("Association") in a case submitted to the court on stipulated facts. The judgment declares that construction of a residence on the lot owned by Lot Owner is prohibited by the terms of an Agreement of the Berkley Lane Association ("Agreement"), as amended. We reverse ... More...   $0 (06-20-2003 - MO)

Appellee John Steinbrecherbrought an... More...   $0 (06-06-2003 - TX)