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Partition Law
 
Benson v. Southern Cal. Auto Sales

Benson purchased a used Infiniti from SCAS on October 1, 2011. He alleged that he subsequently learned the car had a damaged frame. He also alleged the carís price on the contract he signed was $1,496 higher than the advertised price ($24,995) and the contract falsely stated he did not make a deferred down payment, when he actually did.
Bensonís counsel sent SCAS two letters, both dated ... More...
   $0 (08-27-2015 - CA)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the associationís declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

Leticia Loya v. Miguel Angel Loya

In this appeal, a wife asserts that the trial court erred in granting summary judgment to her husband on her post-divorce proceeding to divide an employment-related bonus the husband received nine months after their divorce. Because we conclude that the bonus was not considered, divided, or partitioned in the divorce proceedings and the wife raised a fact issue concerning the characterization of t... More...   $0 (07-28-2015 - TX)

Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissionersí amended report regarding the partition of the property and entered its final decree ... More...   $0 (07-24-2015 - TX)

Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissionersí amended report regarding the partition of the property and entered its final decree ... More...   $0 (07-24-2015 - TX)

Stacy J. Williams v. T. Nichole Mai

Appellant, Stacy J. Williams, appeals the trial courtís judgment that partitioned real property owned by Williams and appellee, T. Nichole Mai. Williams argues that the trial court violated her due process rights when it
2
partitioned real property without a hearing and without the commissionersí report in contravention of Texas Rules of Civil Procedure 769 and 771.
We reverse and rema... More...
   $0 (07-21-2015 - TX)

Kimberly Johnson v. Doodson Insurance Brokerage

This case is about whether an injured third party to a liability
insurance policy has a claim against an insurance broker for failure to procure the proper liability
insurance. Because of a mistake by defendant insurance broker, decedent Douglas Johnsonís
fatal accident was not covered by a liability insurance policy obtained by an amusement
company. This case does not involve liab... More...
   $0 (07-19-2015 - MI)

Robert Paul Brown v. Michael Scott Brown

An estate beneficiary appeals from the circuit courtís final order directing the personal representative to divide and distribute ďthe [decedentís] Georgia real estate and Florida real estate and other miscellaneous inventory assets of the EstateĒ amongst several estate beneficiaries. The appellant primarily argues that the circuit court lacked jurisdiction to direct the personal representative to... More...   $0 (07-15-2015 - FL)

Donald J. Janssen v. David A. Janssen and Noble EF DLG LP

By one issue, appellant, Donald Janssen, appeals the trial court granting of appellee, Donald Janssenís motion for summary judgment. We affirm.
2
I. BACKGROUND
Donald and David Janseen are brothers, and they are disputing the ownership of
certain mineral rights to a property previously owned by their mother, Helen. Prior to
Helenís death in 1991, she had gifted a twenty-acre tr... More...
   $0 (07-02-2015 - TX)

Sherry Williams v. Grand Ledge High School

In this personal injury action arising out of a fall that occurred in a high school, plaintiff,
Sherry Williams, as next of friend for her daughter, Victoria Williams,1
a minor, appeals by right
the trial court’s order granting summary disposition to defendants, Grand Ledge High School and
Grand Ledge Public Schools, based on governmental immunity. The trial court’s order also... More...
   $0 (06-30-2015 - MI)

Ibrahim Turkmen v. Dennis Hasty

28 On September 11, 2001, “19 Arab Muslim hijackers who counted
29 themselves members in good standing of al Qaeda‚ÄĚ hijacked four airplanes and
30 killed over 3,000 people on American soil.  Ashcroft v. Iqbal (Iqbal), 556 U.S. 662,
31 682 (2009).  This case raises a difficult and delicate set of legal issues concerning
4
1 individuals who were caught up in the post‚Äź9/... More...
   $0 (06-17-2015 - NY)

Melanie M. v. Kerry T. Winterer

Melanie M. requested an administrative hearing after the Department of Health and Human Services (Department) informed her that it was going to change her benefits under the Supplemental Nutrition Assistance Program (SNAP). The Department informed Melanie‚ÄĒa resident of North Platte, Nebraska‚ÄĒthat it would hold the hearing in Lincoln, Nebraska. Melanie could participate telephonically at the De... More...   $0 (04-23-2015 - NE)

Larry Netahla v. Mike Netahla

This appeal arises out of a dispute over whether the mineral interest conveyed by a 1970 mineral deed terminated after 15 years, despite its recitation that it
2
was "subject to" a continuing oil and gas lease covering the same property. We hold that the mineral deed terminated and thus reverse the district court and the Court of Appeals.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff... More...
   $0 (04-10-2015 - KS)

Venus Minsal v. Abel H. Garcia

Venus Minsal appeals her divorce decree, arguing the trial court erred in dividing the community estate and by requiring her to sell her home, failing to recognize her reimbursement claims, and not making findings of fact and conclusions of law. We affirm.
BACKGROUND
Minsal and Garcia were common law spouses who moved to Texas from Florida in 2005. Minsal started her own salon where she wo... More...
   $0 (04-08-2015 - TX)

Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor ‚Äúas lawful power of attorney for Frankie Taylor‚ÄĚ1 argues the trial court erred in
1Earnest Taylor alleged in his Original Petition that he was acting as ‚Äúlawful power of attorney for Frankie Taylor.‚ÄĚ He later described his status in subsequent pleadings as ‚ÄúEarnest Taylor Frankie Taylor in all capacities [d]escribed i... More...
   $0 (04-02-2015 - TX)

Estate Land Company, Aaron Wiese, and Kamal Banani (Bannan) v. Anthony Wiese

In eleven issues, appellants, Estate Land Company, Aaron Wiese, and
Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,
and that there is insufficient evidence to support the judgment. We affirm.
I. BACKGROUND
In 1999, Aaron Wiese (‚ÄúAaron‚ÄĚ) and his brother, Anthony (‚ÄúTony‚ÄĚ) Wiese,
purchased three properties in Houston, Texas: 812 Main St... More...
   $0 (03-10-2015 - TX)

The People v. Richard Ray Cisneros

Richard Ray Cisneros appeals from the judgment entered following his conviction by a jury of two counts of making a criminal threat against Ebony Pitts. Cisneros contends the trial court erred in denying his Batson/Wheeler1 motions alleging the prosecutor had discriminated against men in exercising peremptory challenges during jury selection.2 We reverse.
FACTUAL AND PROCEDURAL BACKGROUND
... More...
   $0 (02-09-2015 - CA)

SHIRLENE D. NITZEL V. LEONA M. NITZEL, ET. AL.

Watonga, OK - SHIRLENE D. NITZEL V. LEONA M. NITZEL, ET. AL.

1. PARTITION SUIT

Docket
Date Code Description Count Party Amount
01-26-2015

FILE AND ENTER PETITION

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00
(Entry with fee only) $ 25.00
... More...
   $0 (01-26-2015 - OK)

State ex rel Mel Stewart v. City of Salem

This matter is before us for a second time. See State
ex rel Stewart v. City of Salem, 241 Or App 528, 251 P3d
783 (2011) (Stewart I). Relator, in a mandamus proceeding,
appeals from a judgment that, in pertinent part, denied his
request for attorney fees incurred in ultimately, successfully
obtaining a peremptory writ. ORS 34.210(2). We affirm.1
As recounted in Stewart I, ... More...
   $0 (01-22-2015 - OR)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
2
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

Mesa Shopping Center-East, LLC v. Robert O. Hill

‚Äú[T]he party prevailing on the contract‚ÄĚ in a breach of contract action is entitled to recover reasonable attorney fees if the contract ‚Äúspecifically provides‚ÄĚ for such recovery. (Civ. Code, ¬ß 1717, subd. (a); see Code Civ. Proc., ¬ß 1033.5, subd. (a)(10)(A).) But ‚Äúthere shall be no prevailing party‚ÄĚ if ‚Äúan action has been voluntarily dismissed‚ÄĚ (Civ. Code, ¬ß 1717, subd. (b)(2)),... More...   $0 (12-23-2014 - CA)

United States of America v. Deanta Marquis Long a/k/a Deante Marquis Long

A jury convicted Defendant Deanta Marquis Long of being a felon in possession
of firearms and ammunition, attempting to manufacture 28 grams or more of cocaine
base, possessing cocaine with intent to manufacture cocaine base, and possessing
firearms in furtherance of drug-trafficking crimes. The primary focus of his appeal is the
affidavit for a search warrant that led to discovery... More...
   $0 (12-22-2014 - OK)

Miguel Reyes v. Norma Reyes

This is an appeal from a final decree of divorce following a bench trial. Miguel challenges the sufficiency of the evidence to support (1) the appointment of Norma as the joint managing conservator with the right to determine the primary residence of the child; (2) the monthly child support awarded; (3) the division of the marital estate; and (4) ‚Äúreimbursement‚ÄĚ to Norma.
FACTUAL SUMMARYMore...
   $0 (12-10-2014 - TX)

Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max‚Äôs death on January 25, 2010. Max died intestate. The couple had no children. Max‚Äôs two children by a prior marriage, Stephe... More...   $0 (12-03-2014 - TX)

Aurora Rodriguez v. Ventura Hernandez

Aurora A. Rodriguez, Israel Rodriguez, Edelmiro Romeo Alvarez, Silverio Simon Alvarez, Anita Irma Guerra, Emilio Roman Alvarez, Adrian Alvarez, Teodoro Alvarez, Jr., and Primitivo Alvarez (the ‚ÄúAlvarezes‚ÄĚ) appeal the trial court‚Äôs judgment declaring the boundaries of a tract of real property owned by Ventura Hernandez. The western boundary of Hernandez‚Äôs property abuts property owned by th... More...   $0 (11-26-2014 - TX)

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