In this easement dispute, M. Lawrence Naumann and Naumann Farm, LLC, (sometimes jointly referred to as Naumann) appeal the trial court's summary judgment declaring that Naumann has only a limited easement to access only a portion of his property and that the easement purportedly granting Naumann the right to access the remainder of his property is invalid and does not burden appellees' property. T... More...   $0 (04-05-2012 - TX)

These consolidated appeals arise out of competing claims by a former wife and the estate of her former husband, as longtime cotenants of the former marital home. We affirm the probate court’s determinations regarding a fair rental amount payable by the former wife to the estate, but we also conclude that the obligation to pay rent is intertwined with the former wife’s claims for fourteen years... More...   $0 (03-21-2012 - Fl)

In May 2008, Washington County Sheriff deputies responded to a call indicating that Marc Rosario had left the home he shared with his parents, and that he was possibly a danger to himself and others. The responding officers located Marc and eventually determined that he should be involuntarily committed pursuant to Wis. Stat. § 51.15. During Marc’s initial evaluation at a nearby hospital, the o... More...   $0 (03-01-2012 - WS)

Robert Gulledge, the former husband, challenges the final judgment dissolving his marriage to Robyn Gulledge, the former wife. He raises issues regarding the trial court's failure to set a deadline for refinancing or sale of the marital residence, failure to award alimony, and failure to reserve jurisdiction to award attorney's fees. We conclude that the court erred with regard to all three issues... More...   $0 (02-29-2012 - FL)

Alvin L. Phillips, the Former Husband, challenges the final order of dissolution of his marriage to Lovella Phillips, the Former Wife, as well as subsequent amendments to that order. We affirm the final judgment. However, we write to clarify that the plain reading of the final judgment of dissolution allows the Former Husband the right to seek a partition of the marital home if it has not been sol... More...   $0 (02-24-2012 - FL)

Appellants, Trudell B. Fowler and Ephfran D. Boyd, appeal the trial court’s take-nothing judgment on their trespass claim against appellee, Shannon L. Lund. We affirm.

I. BACKGROUND

The primary dispute in this case is whether the house at issue is located on property conveyed to Eliza Boyd or on an adjacent piece of property.

In 1938, a piece of property was conveyed to Eliz... More...   $0 (02-16-2012 - TX)

Steven C. Thorne and Laura L. Raccina entered into a stipulated marital dissolution judgment in 1999 under which Laura1 agreed to accept 16 percent of Steven‟s military retired pay starting in 2008 based on his rank and pay level at the time of the judgment. In 2010, Laura sought to set aside the judgment because she learned that courts apply the “time ruleâ€�2 for apportioning a pension‟s c... More...   $0 (02-10-2012 - CA)

Barbara Solley filed suit for conversion, slander of title, and negligence against Navy Federal Credit Union (the Bank) after Jimmy L. Mullins, Sr., with whom she owned a house, obtained a mortgage on the house from the Bank without her knowledge. The Bank was held in default after it failed to answer Solley's complaint. After the special referee required Solley to elect the theory of damages, s... More...   $0 (02-01-2012 - SC)

This is a pro se appeal from a summary judgment ordering the partition of real property. Appellants Pablo Berlanga and his wife Phyllis Berlanga sued Florinda Berlanga for partition of a jointly owned residence in Montgomery County, Texas. Florinda filed an answer. Eleven months later, appellants filed a “notice of appearanceâ€� informing the trial court that they would be “proceeding pro se,â... More...   $0 (01-26-2012 - TX)

This is an appeal from a jury trial on the commissioners' report in a partition of land suit. See TEX. R. CIV. P. 761, 769, 771. The land sought to be partitioned is owned by the Smith family. Some of the Smith family (hereinafter, the H. Carlos Smith family)1 wished to sell the land and sought partition against the remaining members of the family (who formed the appellant Sand Point Ranch, Ltd. e... More...   $0 (01-18-2012 - TX)

{¶ 1} Defendant-appellant, Richard A. Yeckley, appeals from a common pleas court order granting a motion to vacate the default judgment entered against defendant-appellee, KeyBank National Association. For the reasons that follow, we dismiss this appeal for lack of a final appealable order.

{¶ 2} Appellee Thomas D. Yeckley originally filed a complaint for partition in January 2007 and a s... More...   $0 (01-12-2012 - OH)

Scott Raymond Shetler (“Shetlerâ€�) appeals from his conviction for maintaining his residence “for the purpose of manufacturing, distributing, or usingâ€� methamphetamine in violation of 21 U.S.C. § 856(a)(1). Shetler contends that the district court erred in denying his motion to suppress certain inculpatory statements he made to Drug Enforcement Agency (DEA) officials. Because the governmen... More...   $0 (12-28-2011 - CA)

Susan Harrington and Kathleen Kilgore filed suit against Magellan Pipeline Company seeking a declaratory judgment and alleging that Magellan committed trespass by laying pipelines on property in which they owned an interest. Magellan filed a counterclaim for declaratory judgment seeking a declaration that an easement granted in 1919 gave Magellan the right to lay the pipelines. Magellan filed a mo... More...   $0 (12-15-2011 - TX)

The Faulkner County Circuit Court was presented with two deeds concerning property referred to as “the McKinley Estateâ€� located in Conway. Appellant Artis Davis and appellee Ladell Brown, as Trustee for the Heirs at Law of Lee Andrew Brown, Sr., owned the subject property, along with Lorell McKinley.1 Both Davis and Brown had deeds from McKinley purporting to transfer her ownership of an undiv... More...   $0 (12-14-2011 - AR)

¶1. J. C. and Betty Lockhart owned a life estate in an undivided one-fourth interest in 160 acres in Monroe County, Mississippi. After the death of J.C., Betty Lockhart filed a complaint to partition by public sale the land that she shared with her in-laws, Bolin and Orene Hamilton. The Hamiltons also own a life estate in the same property, and they maintain the property as their homestead. Addit... More...   $0 (11-17-2011 - MS)

The defendant, Dorothy Larocque, appeals1 from the judgment of the trial court quieting title to certain real property in favor of the named plaintiff, 2 Theresa P. O’Connor, predicated on a finding that the plaintiff had disseized the defendant of her interest in the property as a tenant in common. The defendant claims that the trial court improperly determined that the plaintiff had overcome t... More...   $0 (10-31-2011 - CT)

[¶1.] In this land contract dispute, the circuit court found ambiguity in the contracts and admitted parol evidence to determine the parties’ intent. On appeal, we conclude that the contracts are enforceable as written. We affirm in part, reverse in part, and remand.

Background

[¶2.] Doug Hoff, his wife Marlene, and his son Brian Hoff owned 9,334.71 acres in Perkins County, S... More...   $0 (10-26-2011 - SD)

¶1 The Estate of Ralph O. Davis (Ralph’s Estate) appeals the trial court’s order granting summary judgment in favor of Marion and Donna Davis (Marion), on the ground that Ralph’s Estate’s claim is barred by the statute of limitations. We affirm.

BACKGROUND1

¶2 In or around the spring of 1938, Glen and Lilly Davis purchased a 120â€�acre parcel of real property (the property)... More...   $0 (10-14-2011 - UT)

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo... More...   $0 (10-13-2011 - OK)

The City of Springfield (“Cityâ€�) appeals a declaratory judgment in favor of Harvey Duane Barker, as Trustee under the Joint Revocable Trust Agreement of Harvey Duane Barker and Rose Marie Barker, dated December 15, 1993 (the “Barker Trustâ€�); Paul G. Nahon, Sr., and Sharon Nahon, husband and wife; Farris Nahon, Jr., and Nancy Nahon, husband and wife; and Paul G. Nahon, as Trustee under Paul... More...   $0 (10-11-2011 - MO)

Appellee Margaret Ann Fuller (Fuller) sued her sister Appellant Frances Jane Fuller Jackson Morris (Morris) for tortious interference with contract. Morris countersued for breach of fiduciary duty and for an accounting for the income of the sisters’ joint venture. Morris appeals from the trial court’s take-nothing judgment on her breach of fiduciary duty claim and its judgment awarding an ac... More...   $0 (10-06-2011 - TX)

¶1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees’ Motion for Summary Judgment and Myers appeals. We affirm.

¶2 Myers raises two issues on appeal which ... More...   $0 (10-04-2011 - MT)

In this appeal we examine a case where a joint bank account holder unilaterally withdrew funds from several accounts and placed them in his own name. The district court found this action did not destroy the right of survivorship held by his wife and ordered the return of all the funds to the wife. We conclude that because the withdrawals were valid transactions made with the intent to terminate th... More...   $0 (09-21-2011 - IA)

Appellants, Sharon Swank Backhus, Benjamin F. Swank, III, Shannon Lea Werchan Pickering, Swank Turner Backhus, Benjamin Fontaine Swank, IV, Christian Harris Swank, and Suzanne Swank Porter, appeal a summary judgment in favor of appellees, Haven Lyn Werchan Wisnoski and Shane Alan Werchan, denying appellants’ request for declaratory relief relative to an attempt to partition certain real property... More...   $0 (09-15-2011 - TX)

Appellant appeals a final divorce judgment, arguing that the evidence at trial was legally insufficient to support a finding of cruelty, legally and factually insufficient to support a finding of adultery, and that the division of the community estate was disproportionate to him.

Mr. Ruel Newberry and Ms. Brisa Newberry were married on September 1, 2002. Before marriage, they en... More...   $0 (09-15-2011 - TX)