Partition Law
 
GLADNEY v. BUGHER

Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss,
381 F.3d 637, 639 (7th Cir. 2004) (per curiam), or of credit-earning class, Montgomery v.
Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without due process. The due process
requirement is satisfied with the issuance of advance written notice of the charges, a limited
opportunity to presen... More...
   $0 (11-21-2015 - IN)

Mark and D'Nella Sherbet v. Rafaella Bender

Appellants Mark and DNella Sherbet appeal from the trial courts judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the right ... More...   $0 (11-16-2015 - TX)

David Loppi v. United Investors Life Insurance Co. et al

In 2003, Robert Loppi purchased a life insurance policy from United Investors Life
Insurance Co. (United Investors), in which, the parties agree, he initially named his wife,
Marilyn Loppi, as the beneficiary. In 2008, Marilyn2 filed for divorce from Robert. On July 19,
2008, Robert was served with the summons and complaint in that divorce action. However, on
July 17, 2008, ... More...
   $0 (11-16-2015 - NJ)

Harry Oliver Winkenhower v. George Allan Smith, independent executor of the Estate of Lyda Catherine Smith, Deceased

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellants counterclaims, which the trial court granted. The trial court later signed a De... More...   $0 (11-10-2015 - TX)

Toni Elizabeth Moore v. Dwayne Nelson Moore

Oklahoma City, OK - Toni Elizabeth Moore sued Dwayne Nelson Moore on a partition theory claiming:

1. Plaintiff is a resident of Oklahoma County.
2. Defendant, Dwayne Nelson Moore, is also a resident of Oklahoma County.
3. The parties were divorced in Oklahoma County District Court, Case
No.: FD-2001-530, on February 7, 2001. Among other provisions the Decree of Divorce provide... More...
   $0 (10-29-2015 - OK)

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (Property); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (Partnership).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

Ivarene and Victor Hosek v. Rosale Scott

Rosale Scott and Ivarene and Victor Hosek are parties to a partition deed partitioning the surface estate of 338.54 acres of land between them. Scott and the Hoseks disagree about the interpretation of the deed as it relates to the minerals under the land. The Hoseks sued Scott, and the trial court granted a partial summary judgment in Scotts favor. Thereafter, the trial court held a hearing on t... More...   $0 (10-21-2015 - TX)

RUSSELL L. NEWHALL vs. MARCIA ELAINE NEWHALL ROLL

Appeal from the Iowa District Court for Hardin and Butler Counties, Gregg
R. Rosenbladt, Judge. Marcia Roll appeals the district courts judgment ordering the land owned
by Roll and Russel Newhall to be partitioned by sale. Roll and Newhall were both gifted one parcel of land in Butler County and inherited another parcel in Hardin County, Iowa. The Butler County property is
315.3 ... More...
   $0 (10-18-2015 - IA)

Alice Ruth Peters, independent executrix for the Estate of Jo Alice Stout, et al v. Jerry Bob Young and wife, Karen Elaine Young

This is an appeal from a final judgment in which the trial court, based on the
jurys answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform
1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the
independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of
Jack L. Stout was rep... More...
   $0 (10-08-2015 - TX)

Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate courts judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate courts judgment ... More...   $0 (10-05-2015 - TX)

Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
2
judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantors interest in the two tracts to the ce... More...
   $0 (10-01-2015 - TX)

Zulema Bonner-Turner v. City of Ecorse

Shortly after his arrest, Alphonso Turner hanged himself in an Ecorse, Michigan jail
using a shoelace that normally would have been taken from him during booking for his safety.
His widow, as the personal representative of Turners estate and in her individual capacity,
alleges in her complaint that city police officers were deliberately indifferent to Turners risk of
suicide and ... More...
   $0 (09-16-2015 - MI)

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 cars 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.
Bensons 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 associations 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 commissioners 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 commissioners 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 courts 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 commissioners 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 Johnsons
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 courts final order directing the personal representative to divide and distribute the [decedents] Georgia real estate and Florida real estate and other miscellaneous inventory assets of the Estate 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 Janssens 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
Helens 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” 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‐9/... 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—a resident of North Platte, Nebraska—that 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)

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