Partition Law
 
United States of America v. Courtney Junior Noble

On the basis of a cooperating defendant’s
tip, a Drug Enforcement Administration (“DEA”) task force set up surveillance along an
interstate in eastern Kentucky, hoping to intercept members of a methamphetamine-trafficking
operation. After fits and starts, a member of the task force located a car suspected of
involvement with the operation. That task force member—Detective R... More...
   $0 (08-08-2014 - KY)

Gregory Hull v. Richard B. Giesler and Idaho Trust Deeds, LLC

Richard Giesler and Idaho Trust Deeds, LLC (collectively “Giesler”) appeal the Twin Falls County district court’s judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory Hull that related to purchasing and subdividing property. After a bench trial, the court found that Hull sold the property to Giesle... More...   $0 (08-06-2014 - ID)

Phillip C. Watrous, Individually, and as Trustee Under the Watrous Family Living Trust v. The State of Texas

The State of Texas sued Phillip C. Watrous, individually and as trustee under the
Watrous Family Living Trust (Watrous), alleging that he violated the Texas Local Government Code
by failing to plat property located in Cameron County that he subdivided for residential use (the
Property). See Tex. Loc. Gov’t Code §§ 232.021-.043 (subdivision platting requirements for
counties nea... More...
   $0 (07-30-2014 - TX)

Cynthia Schlapper v. Rand K. Forest and Crosswater Yacht Club, L.P.

Cynthia Schlapper appeals pro se from the trial court’s order dismissing her claims
against Rand K. Forest and Crosswater Yacht Club, L.P., ordering her to refrain from filing further
pleadings asserting such claims, and awarding Crosswater attorney’s fees. For the reasons that
follow, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
This appeal arises from a long-running prope... More...
   $0 (07-30-2014 - TX)

Robert Samaniego v. Mary Samaniego

Appellant Robert Samaniego appeals from a final decree of divorce. On appeal, Robert raises four issues, contending he was denied his rights to Due Process and Due Course of Law under the United States and Texas Constitutions when: (1) the attorneys committed fraud; (2) the trial court divided the community property using “inaccurate property details and appraisal valuation,” rendering the jud... More...   $0 (06-25-2014 - TX)

The Staley Family Partnership, LTD v. David Lee Stiles, et al

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

Adrian Broncha Alexander v. The State of Texas

In four issues, appellant, Adrian Broncha Alexander, challenges the trial court’s denial of his motion to suppress. We affirm.

I. BACKGROUND

Here, appellant was charged by indictment with unlawful possession of a controlled substance, cocaine, in an amount less than one gram in a drug-free zone, a second-degree felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2010); see ... More...
   $0 (05-29-2014 - TX)

In the matter of the Estate of J.L. Beasley, deceased

Kelly Ashworth Stovall, Appellant, appeals the final judgment entered by the assigned statutory probate judge, the Honorable Robert E. Price, who construed the Last Will and Testament of J.L. Beasley. Judge Price held that J.L. intended to give Appellant 80 acres located on the east side of the western half of the 320-acre tract of land, but not the house or barn located on the 320-acre tract. App... More...   $0 (05-22-2014 - TX)

In re the Marriage of LESLIE and TERRY MOORE

This appeal arises from judgments in a marriage dissolution action regarding the division of retirement and employment benefits, the division of other assets, the award of temporary and permanent spousal support, and the denial of requests for attorney fees and costs. We affirm in part and reverse in part.

FACTS

Appellant Leslie Moore and respondent Terry Moore were married for over ... More...
   $0 (05-09-2014 - CA)

Julio M. Aguilera v. Delmis S. Aguilera

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has... More...   $0 (04-23-2014 - TX)

Joshua R. Denton v. Lorene Brown

COMES NOW the said plaintiff and for their cause of action against the said defendants, alleges and states:
1. That the parties are owners in co-tenancy of approximately 60 acres of real property
located in Adair County, Oklahoma, and legally described as follows
The 5W¼ of SW¼ and NW¼ of 5E¼ of SW¼ and SW¼ of SE¼
of 5W¼ of Section 8, Township 14 North, Range 26 East.
2... More...
   $0 (04-22-2014 - OK)

Arnold J. Schmidt v. Bank of America

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla... More...   $0 (02-21-2014 - CA)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for
more than fifteen years over a family trust. The Defendants Albert
“Skip” Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W.
Peterson (collectively, the Trustees) appeal from the district court’s
order that certain trust property be removed from the trust. They
also challenge the court’s decision to ... More...
   $0 (01-24-2014 - UT)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert “Skip” Heber Warner Jr. (Skip), Vernon S. Warner, and Valeen W. Peterson (collectively, the Trustees) appeal from the district court’s order that certain trust property be removed from the trust. They also challenge the court’s decision to require the Trustees... More...   $0 (01-24-2014 - Ut)

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc.

This appeal arises from a lawsuit in which the appellants alleged adverse possession of an easement across their property. The easement was previously expressly granted by their predecessor-in-interest to the predecessor-in-interest of Double Knobs Mountain Ranch, Inc. The appellants claimed they had adversely possessed the easement, but after a bench trial, the trial court disagreed and entered j... More...   $0 (01-22-2014 - TX)

In the Estate of Consuella Perkins Ulbrich, Deceased

On September 18, 2013, we issued an opinion affirming the probate court’s judgment in part, reversing the probate court’s judgment in part, and remanding the cause to the probate court. See Estate of Ulbrich, No. 04-12-00514-CV, 2013 WL 5297161 (Tex. App.—San Antonio Sept. 18, 2013). Appellant then filed a motion for rehearing. After requesting a response, we grant appellant’s motion for r... More...   $0 (01-17-2014 - TX)

John McClare v. James J. Rocha

[¶1] John McClare appeals from a judgment entered by the Superior Court (Penobscot County, A. Murray, J.) granting James J. Rocha’s motion for summary judgment on McClare’s claim for specific performance of an alleged contract to sell real estate. McClare argues that the court erred in concluding that the emails between McClare and Rocha did not contain all the material terms necessary to for... More...   $0 (01-14-2014 - ME)

V. Leo Campbell v. James C. Kvamme

Leo and Kathleen Campbell (the Campbells), appeal the district court’s denial of their motion for reconsideration of the district court’s grant of summary judgment to James and Debra Kvamme (the Kvammes). The Campbells and the Kvammes own adjoining land and dispute whether a fence between their respective properties constitutes the true boundary of their land. The district court found that a l... More...   $0 (12-31-2013 - ID)

ST. MALACHY ROMAN CATHOLIC CONGREGATION OF GENESEO, ILLINOIS; STEVE BRISTOL; CONNI BRISTOL; and KEWANEE AREA UNITED WAY vs. DONNA K. INGRAM, as Executor of the ESTATE OF JAMES INGRAM, and ROBERT W. BAIRD & CO., INC.

This case requires us to decide whether a financial advisor to an individual can be sued by identified beneficiaries of the individual’s signed written estate plan when, due to the advisor’s allegedly negligent performance of his duties, those beneficiaries do not receive what they were supposed to get under the plan. We conclude the rationale of Schreiner v. Scoville, 410 N.W.2d 679, 682 (Iow... More...   $0 (12-27-2013 - IA)

Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac... More...   $0 (12-22-2013 - TX)

Delmar Byrl Garrett v. Carlotta Gordon

¶1 Plaintiff/Appellant Delmar Garrett1 (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff's Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that... More...   $0 (11-04-2013 - OK)

Charlene Humphreys v. James Michael McAuliffe

Charlene Humphreys sued James Michael McAuliffe seeking the partition of real property claiming:

1. The Plaintiff and Defendant are residents of Oklahoma County, Oklahoma.

2. The real property which is the subject of this action is situated in Oklahoma County, Oklahoma, accordingly this Court has lurisdiction and venue of this action.

3. The real property which is the su... More...
   $1 (10-13-2013 - OK)

Heather C. Wicks v. Padraic H. Conroy

[¶1] Padraic H. Conroy appeals from a judgment of the Superior Court (Hancock County, Cuddy, J.) partitioning real property he owned as a tenant in common with Heather C. Wicks. Finding no error, we affirm the judgment.

I. BACKGROUND

[¶2] Conroy and Wicks are brother and sister. In the early 1970s, their mother began living in a two-story oceanfront cottage she owned in Surry, Main... More...
   $0 (10-10-2013 - ME)

Richard N. Benson v. Marin County Assessment Appeals Board

Under article XIII A of the California Constitution (popularly known as Prop. 13), the most common trigger of the reassessment of real property is a ―change in ownership.‖ The initiative measure, itself, did not define change in ownership, leaving that task to the Legislature, which promptly appointed a task force to make recommendations. At the time the initiative measure was approved by Cali... More...   $0 (09-26-2013 - CA)

Charles Albert Warner v. Albert Heber Warner, Jr.

¶1 This appeal arises from litigation that has been ongoing for more than fifteen years over a family trust. The Defendants Albert

1. Judge Roger S. Dutson granted the Defendants’ summary judgment motion and denied the Plaintiffs’ first two motions to amend. Judge W. Brent West denied the Plaintiffs’ third motion to amend, granted the relief requested by the Plaintiffs, and entered t... More...
   $0 (09-19-2013 - UT)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher