Partition Law
 
Rangwal Eloy Spindler, et al. v. Maria Alyuska Mayol

Rangwal Eloy Spindler appeals from a Final Judgment of Dissolution of Marriage claiming lack of personal jurisdiction. Resco Miami Corporation and Massima American Corporation, both found by the trial court to be owned by the husband, appeal from an order denying their 1.540 motion to vacate portions of the Final Judgment of Dissolution of Marriage on the grounds that they received no noti... More...   $0 (06-03-2003 - FL)

Doyal Lemay v. Esther Hardin.

Esther Hardin appeals from the trial court's order granting summary judgment to the respondent, Doyal Lemay, on his petition to quiet title to real property and the appellant's counterclaim for breach of promise to marry. The appellant raises two points on appeal. We dismiss for failure to comply with the briefing requirements of Rule 84.04. (FN1) The respondent's motion for sanctions for frivol... More...   $0 (05-27-2003 - MO)

IN THE MATTER OF THE ESTATE OF GEORGIA A. DUNCAN v. DEAN and BRENDA KINSOLVING

{1}Petitioners Dean and Brenda Kinsolving appeal from an opinion of the Court of Appeals affirming a district court order declaring the termination of their interest as lessees of real property following the death of their lessor. See In re Estate of Duncan, 2002-NMCA-069, 132 N.M. 426, 50 P.3d 175. The district court and Court of Appeals held that Petitioners' lease terminated at the death of ... More...   $0 (05-19-2003 - NM)

Edward Arthur Jones v. Richard Buchanan, et al.

This appeal arises out of an incident in which a North Carolina deputy sheriff knocked Edward Arthur Jones to the floor in the sheriff's office and then jumped on him, crushing Jones's nose, lacerating his lips and nose, and bruising his ribs. Prior to the deputy's use of force, Jones, although drunk and yelling obscenities, was unarmed and in a secured room; moreover, Jones maintains that... More...   $0 (04-15-2003 - NC)

L. H. Morris Electric, Inc., et al, v. Hyundai Semiconductor America, et al, and M+W/Marshall, a joint venture, et al.

Samwoo Naewoe (SN), a Korean corporation, and Samwoo America (SA), its American subsidiary, were named as parties in this complex litigation involving the foreclosure of construction liens recorded against real property and improvements constructed by M+W/Marshall (M+W/M) for Hyundai Semiconductor America, Inc., in Eugene, Oregon. SN and SA appeal from a judgment dismissing their cross-claims a... More...   $0 (03-20-2003 - OR)

Madera Production Company vs. Atlantic Richfield Company, Et Al.

Madera Production Company appeals the summary judgment granted in favor of Atlantic Richfield Company (ARCO), Wagner & Brown, Limited (W&B), C. W. Resources (CWR), Carl Westerman, Westerman Royalty Company (WRC), and Laura Jane Westerman as executrix for the estate of H. G. Westerman (the Estate) (collectively, Appellees).

Madera contends the trial court erred in transferring venue from D... More...   $0 (03-13-2003 - TX)

IN THE MATTER OF THE ESTATE OF SALOME DURAN, etc. v. GRACE RODRIGUEZ, personal representative, and JOE GALLEGOS

{1}Petitioners Evilia Madrid and Cinesio Sanchez appeal from a memorandum opinion of the Court of Appeals affirming an adverse decision and order of the district court. See Madrid v. Rodriguez (In re Estate of Duran), No. 21,384 (N.M. Ct. App. Feb. 13, 2002). The district court ruled that Petitioners have no interest in a tract of real property claimed by the estate of their deceased brother Sa... More...   $0 (03-07-2003 - NM)

Joe W. Dimock vs.Louise Kadane, Michael L. Gustafson, and Carr Staley as Co-Trustees of the Louise Trust

Joe W. Dimock (Dimock) brought this partition action against Louise Kadane, Michael L. Gustafson, and Carr Staley as Co-Trustees of the Louise Trust (the Kadane Defendants).[1] Dimock and the Kadane Defendants are tenants in common in oil and gas leases. In the trial court, Dimock sought a partition by sale of the parties' undivided interests in the leases. The Kadane Defendants filed a coun... More...   $0 (03-06-2003 - TX)

Brown v. Johnson (Hart, J.).

Our issue here is whether the trial court properly interpreted a deed as excluding appellant, Doyle Brown, who is an adopted child, from the remainder interest created by the deed. The facts were stipulated by the parties. In 1945, Charley King and L.C. King, as husband and wife, conveyed certain land in Madison County to their daughter and son-in-law, Thelma Brown and Carl Brown. The deed's grant... More...   $0 (02-19-2003 - AR)

Frank Smith's, Inc. and Terry Williamson v. Ralph E. Sheffield, Jr.

The trial court dismissed this cause without prejudice on the basis that it lacked jurisdiction of appellee Ralph E. Sheffield's claims against appellants Frank Smith's, Inc. and Terry Williamson. Appellants ask us to reverse the trial court's dismissal and reinstate the case in the trial court. They allege that the trial court had jurisdiction over Sheffield's claims because: (1) as a county cour... More...   $0 (01-31-2003 - TX)

[3] The parties own neighboring ranches in Crook County. Both ranches consist of deeded property as well as lands used pursuant to grazing permits issued by the United States Bureau of Land Management. By early 1999, the fence between the parties' lands had deteriorated and would no longer hold livestock in a number of places. On October 12, 1999, Moore mailed to Dorsett the first in a seri... More...   $0 (01-17-2003 - WY)

M. Robert QUELER & others vs. John F. SKOWRON & others, individually & as trustees, & others.

Bishops Forest Condominium (BFC) and Bishops Forest II Condominium (BF II) are adjoining condominiums located in Waltham that were built as part of a "phased" development plan. The plaintiffs are various unit owners and mortgagees of BF II; the defendants are trustees and unit owners of BFC, as well as the original developers of BFC and BF II. Following disputes over cost-sharing arrangements betw... More...   $0 (12-24-2002 - MA)

Rubina Husain, et al. v. Olympic Airlines

After a non-jury trial, the district court determined that Dr.
Abid M. Hanson's death on Olympic Airways ("Olympic")
Flight 417 was caused by an accident as defined by Article 17
of the Warsaw Convention. The trial judge also found the
accident resulted from willful misconduct by Olympic's
employees. The district court awarded $1,400,000 in damages.
Olympic appeals the dete... More...
   $1400000 (12-13-2002 - CA)

South Salt Lake City v. Tisha Terkelson, et al.

In December 1999, the South Salt Lake City Police Department directed undercover police officers to purchase "private sessions" with nude women at several local adult entertainment clubs (the Clubs). The purpose of the undercover operation was to verify that the employees were operating within the limits of the City's ordinance that restricted touching between patrons and employees "while performi... More...   $0 (12-02-2002 - UT)

Terri Vinyard v. Steve Wilson, et al.

Plaintiff Terri Vinyard appeals from the district court's grant of summary judgment (1) to defendant Officer Patrick Stanfield individually on her § 1983 claim for excessive force during her arrest, and (2) to defendant Sheriff Steve Wilson individually on her fraud and § 1983 claims for failure to investigate her excessive force complaint. After review and oral argument, we conclude Sheriff Wilso... More...   $0 (11-15-2002 - GA)

Deborah E. Booth v. University of Colorado

On October 8, 1998, plaintiff, while sitting in a classroom at the University of Colorado at Boulder, was injured when a dry erase board fell over, pinning her to her desk. Plaintiff brought this action seeking compensation for the injuries she sustained.

Defendant moved to dismiss plaintiff's complaint for lack of jurisdiction under the Colorado Governmental Immunity Act (GIA), § 24-10-101,... More...   $0 (11-08-2002 - CO)

K. Martin White v. Lawrence R. Lieberman, et al.

As a rule, the statute of limitations for a malicious prosecution action begins to run on the date judgment is entered in the trial court. It is tolled while the case is on appeal. If the judgment is affirmed, the statute begins to run again when the Court of Appeal issues its remittitur.

Here we hold that when reversal of a trial court judgment in the Court of Appeal gives rise to a possibl... More...   $0 (10-30-2002 - CA)

Genevieve Lynn Orud, et al. v. Nancy A. Groth, et al.

Four of the six children of Candace Dilley, deceased, appeal from an adverse judgment in their action to impose a constructive or resulting trust on real estate (or the proceeds thereof) that was conveyed by Candace to her daughter Nancy Groth during Candace's lifetime. The defendants are Nancy Groth and Candace's son, Terry Willers, their respective spouses, and a mortgagee of the property. In re... More...   $0 (10-14-2002 - IA)

Wayne Taylor, Jr., Chairman of the Hopi Tribal Council v. Kelsey Begay, President of the Navajo Nation

This appeal concerns a very narrow portion of our opinion in Masayesva v. Hale that dealt with the extent of the Navajo Tribe’s obligation to pay owelty to the Hopi Tribe. Masayesva v. Hale, 118 F.3d 1371 (9th Cir. 1997). We there remanded for the district court, among other things, to determine the extent to which the existence of improvements on the Navajo land enhanced the value of ... More...   $0 (08-12-2002 - AZ)

Kathy A. Andersen, et al. v. Two Dot Ranch, Inc., et al.

[1] Three vehicles collide d with a cow on a state highway in an area posted as open range resulting in two fatalities. The plaintiffs,1 representing the deceased and surviving passengers of the third vehicle, sued Two Dot Ranch, Inc. (Two Dot), the owner of the cow, and Maria Lopez Hernandez, the driver of the second vehicle. The district court granted summary judgment for all defendants. We ... More...   $0 (07-30-2002 - WY)

Thomas C. Miller v C.C. Meisel Co., Inc.

In 1976, defendant's board members had discussions about how to give plaintiff an interest in the company, including a "phantom stock" idea that was rejected. At that time, they made no further efforts to structure the method by which plaintiff would be compensated for the "added value." In 1981, there was a change in ownership, and Town lost control of defendant temporarily. In 1982, Town rega... More...   $1360000 (07-07-2002 - OR)

Stephen A. Songer and Country Concrete, Inc. v. Civitas Bank f/k/a Citizens Bank of Western Indiana

Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution.

Facts and Procedural History

Appellant Stephen A. Songer is chairman of the b... More...   $0 (07-02-2002 - IN)

Stehlik v. Rhoads

This case involves an all-terrain vehicle (ATV) accident and presents the issue of the availability and effect of the so-called "helmet defense" in Wisconsin. More particularly, the case raises two central questions: 1) is the "helmet defense" governed by the same principles as the "seat belt defense," and if so, should those principles be modified for purposes of the helmet defense; and 2) can an... More...   $0 (06-26-2002 - WI)

Joseph O. Daugherty, Sr. v. Mary D. Burns, et al.

Plaintiff, Joseph O. Daugherty, Sr., is the tenant farmer under oral crop-share leases on three tracts of land in Piatt and Douglas Counties. He is also a joint owner of all three tracts, owning less than a majority interest in each. Defendants Mary Burns and James Daugherty, plaintiff's sister and brother, are joint owners with plaintiff of all three tracts. Their mother's sister, defendant Helen... More...   $0 (05-31-2002 - IL)

Michelle Gibson v. County of Washoe, et al.

On February 3, 1996, Stephen Gibson suffered a heart attack and died while in the custody of the Washoe County, Nevada, Sheriff's Department. Gibson's wife Michelle ("Ms. Gibson") brought this lawsuit under 42 U.S.C.§ 1983, on behalf of herself, their two children, and Gibson's estate, against the County, the sheriff, and a number of the sheriff's deputies who were on duty at the Washoe Count... More...   $0 (05-22-2002 - NV)

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