Partition Law
 
James Cali v. Meadow Lakes View Condominium Association "B" Inc.

James Cali appeals from a Partial Final Summary Judgment in favor of Meadowbrook Lakes View Condominium Association "B” Inc. ("Meadowbrook”), o n counts I, II and III of his Second Amended Complaint.

Meadowbrook is a Florida not-for-profit corporation which conducts its business in Broward County, Florida, exists pursuant to Chapter 617 of the Florida Statutes, and operates purs

More...   $0 (05-04-2011 - FL)

Rubin Hernandez v. Yellow Transportation, Inc.

Employees at a terminal for a trucking company brought claims of race discrimination, retaliation, and hostile work environment against their employer. The district court granted summary judgment to the defendant on some plaintiffs' claims and allowed an immediate appeal. We AFFIRM.

FACTUAL AND PROCEDURAL BACKGROUND

Rubin Hernandez, John Ketterer, and Abram Trevino ("Plaintiffsâ€Â

More...   $0 (05-12-2011 - TX)

General Agents Insurance Company of America, Inc. v. Ahmed El Naggar

Appellant General Agents Insurance Company of America, Inc. ("Gainsco”) challenges the trial court's rendition of partial summary judgment in favor of appellees Ahmed El Naggar and El Naggar Fine Arts Furniture, Inc. (collectively "El Naggar”) in El Naggar's suit against Gainsco to recover insurance proceeds. Gainsco contends that the trial court erred in granting El Naggar's partial

More...   $0 (05-03-2011 - TX)

Ramon Luna v. Roberto Luna

Appellants Ramon Luna and Rodolfo Luna appeal from an adverse judgment entered after a bench trial in a suit brought by Roberto Luna, appellee, for fraud, breach of fiduciary duty, and breach of contract.[1] Appellants attack the sufficiency of the evidence to support the trial court's award of a five-acre tract of land to appellee. By two issues, appellants argue: (1) the trial court erred in

More...   $0 (04-29-2011 - TX)

Bobby G. Barham v. Patricia McGraw

Blood may be thicker than water, but money beats everything.[1]

He that is greedy of gain troubleth his own house.[2]

Before us lies a dispute between brother and sister regarding the division of their deceased father's real estate. When their father died, the realty in question became the corpus of a trust to benefit his widow, Margie, the trust's trustee.

More...   $0 (04-27-2011 - TX)

Dugas Limited Partnership v. Donna Neal Goode Dugas

In this accelerated, interlocutory appeal, Appellants Dugas Limited Partnership (Dugas, LP); Dugas 1998 Irrevocable Trust (Dugas 1998 Trust); William Bruce Dugas Grandchild Trust (Grandchild Trust); and James Stephen Turner (Steve) and Hurley Calister Turner, Jr. (Cal), Co-Trustees of the Dugas 1998 Irrevocable Trust f/b/o William Bruce Dugas (Bruce) challenge the trial court's order denying their

More...   $0 (04-05-2011 - )

Audrie Lee v. David Shu Wai Kwong

Plaintiffs/appellants Audrie Lee and Nelson Lee (collectively, appellants) participated in a judicial arbitration of their complaint. (Code Civ. Proc., § 1141.10 et seq.)1 After suffering an unfavorable arbitration award, appellants first requested a trial de novo but then filed a voluntary dismissal of their complaint without prejudice. Several of the defendants/respondents moved to vacate the

More...   $0 (03-29-2011 - CA)

State ex rel. Mel Stewart v. City of Salem

Relator, Mel Stewart, filed a petition for an alternative writ of mandamus pursuant to ORS 227.179(1), seeking to compel the City of Salem to approve his application under ORS 92.040 to partition his property. Arguing that the petition was filed prematurely, the city moved to dismiss. The trial court agreed and dismissed the petition; relator appeals. The issue on appeal pertains to the date on wh

More...   $0 (03-16-2011 - OR)

Simmons Self-Storage Partners v. Rib Roof

With limited exceptions, this court's jurisdiction to consider an otherwise timely appeal depends on whether the district court has entered a final judgment in the action below. NRAP 3A(b)(1). A final judgment is generally defined as one that resolves all of the parties' claims and rights in the action, leaving nothing for the court's future consideration except for post-judgment issues. Lee v.

More...   $0 (03-03-2011 - NV)

Federal Land Bank of Wichita v. Jess L. Burris

¶1 This Court must now decide whether the state courts of Oklahoma have jurisdiction to foreclose on approved mortgages of restricted Indian land. The issue, one of first impression here, is critical not only to lenders who have accepted mortgages on restricted Indian land but also to individual Indians who would borrow money, using as security their restricted Indian land. Our conclusion is that

More...   $0 (02-06-1990 - OK)

James Chafin v. Richard G. Isbell

Appellees Richard G. Isbell and Fairway Independent Mortgage Corporation filed a motion for rehearing of our memorandum opinion issued December 2, 2010. To the extent Appellees argue that this appeal should be remanded, we grant their motion for rehearing. We deny the remainder of the motion.[2]

On February 10, 2011, Appellant James Chafin filed a "Motion to Amend Judgment,â€

More...   $0 (03-17-2011 - TX)

Brynn Rodgers v. City of North Kansas City

Brynn Rodgers appeals the trial court"s grant of summary judgment in favor of North Kansas City ("the City”) and three employees of North Kansas City Hospital ("NKC Hospital”) on Rodgers"s petition alleging a dangerous condition of the City"s property and Rodgers"s claims of negligence and medical malpractice against the three employees. On appeal, Rodgers contends that the trial court

More...   $0 (03-08-2011 - MO)

Karen L. Tadych v. John D. Horner

John Horner ("Horner”) appeals the judgment of the Circuit Court of Jackson County ("trial court”) ordering the partition sale of property that he owned as a co-tenant with Karen Tadych ("Tadych”) and outlining the required disbursement of proceeds from that sale. On appeal, Horner argues that the trial court"s judgment, particularly the trial court"s disbursement award, is not s

More...   $0 (03-08-2011 - MO)

Ken Robinson v. Gary Lubbering

This is an appeal from a take-nothing judgment that disregarded a jury's finding awarding contract damages to the plaintiff. The principal issue presented is whether the district court would have abused its discretion in excluding a plaintiff's damages evidence for failure to disclose his basic damages contentions in discovery. Finding no abuse of discretion, we will affirm the district court's ju

More...   $0 (03-03-2011 - TX)

Shannon Harkleroad v. Theodore K. Linkous

In this appeal, we consider whether the circuit court correctly determined that a co-tenant with an undivided one-half interest in an improved parcel of real property had established the necessary elements to prove adverse possession as against the other co-tenants and, thus, was entitled to a judgment granting quiet title to the entire property in fee simple.

BACKGROUND

The parties

More...   $0 (01-13-2011 - VA)

Tracie Coristine v. Thomas Coristine

Tracie Coristine (wife) appeals from a final judgment of dissolution of marriage. The primary issue on appeal is whether the trial court abused its discretion by ordering the sale and partition of the marital home rather than awarding exclusive use and possession of the home to the wife until the youngest of the parties' three children reaches the age of majority. We affirm.

As a general ru

More...   $0 (02-07-2011 - FL)

Anne Bryant Watkins v. Jane Bryant Shurley

This appeal arises out of a dispute among the beneficiaries and the trustee of a family trust regarding the allocation of expenses and losses incurred by the trust. To resolve the dispute, the beneficiaries of the trust, appellant and cross-appellee Anne Bryant Watkins and appellee and cross-appellant Jane Bryant Shurley, entered into a rule 11 settlement agreement specifying the manner in which t

More...   $0 (02-04-2011 - TX)

Will Ann Brewer v. Tom D. Skutca and Neaves A. Skutca

The trial court granted summary judgment in favor of Appellees Tom D. Skutca and Neaves A. Skutca on Appellant Will Ann Brewer's claims against them for trespass and to quiet title and for declaratory relief regarding real property. Because we hold that the Skutcas did not establish their right to judgment as a matter of law, we reverse.

In 1965, Brewer and Betty Abbey purchased

More...   $0 (02-10-2011 - TX)

McIlroy v. Fugitt

This suit originated in an action by the First National Bank of Fayetteville against Kate Fugitt, E. C. Fugitt, J. H. McIlroy, and J. H. McIlroy as trustee. The Fugitts had executed to the bank a note securing a debt of $17,000, one note for $15,000 and two notes for $1,000 each. These last two notes had been assigned by the bank without recourse to McIlroy with the understanding that they were i

More...   $0 (01-19-1931 - AR)

Brenda Liz Viera a/k/a Brenda Liz Sanchez v. Carmelo Manuel Viera

In this divorce action, Brenda Liz Viera, Appellant, appeals the trial court's division of the marital estate and the designation of Carmelo Manuel Viera, Appellee, as joint managing conservator of their minor children, alleging that the trial court abused its discretion. We affirm.

BACKGROUND

Brenda and Carmelo were married in March 2005, and two children were born of the marriage.

More...   $0 (01-12-2011 - TX)

Brenda Liz Viera a/k/a Brenda Liz Sanchez v. Carmelo Manuel Viera

In this divorce action, Brenda Liz Viera, Appellant, appeals the trial court's division of the marital estate and the designation of Carmelo Manuel Viera, Appellee, as joint managing conservator of their minor children, alleging that the trial court abused its discretion. We affirm.

BACKGROUND

Brenda and Carmelo were married in March 2005, and two children were born of the marriage.

More...   $0 (01-12-2011 - tX)

William T. Malone v. Wilma Jane Malone

In her real estate partition action against William T. Malone, Wilma Jane Malone sought to receive, in kind, her one-half undivided interest in 241.475 acres[1] of land in Lamar County. After the parties followed a procedure not conforming with applicable rules, but not objected to by either party, the trial court awarded William the eastern 120.737 acres by a lake and awarded Wilma the western 1

More...   $0 (01-07-2011 - TX)

William T. Malone v. Wilma Jane Malone

In her real estate partition action against William T. Malone, Wilma Jane Malone sought to receive, in kind, her one-half undivided interest in 241.475 acres[1] of land in Lamar County. After the parties followed a procedure not conforming with applicable rules, but not objected to by either party, the trial court awarded William the eastern 120.737 acres by a lake and awarded Wilma the western 1

More...   $0 (01-07-2011 - TX)

Estate of Rommy Ray Lyon and Ronda Lyon v. Rodney H. Heemstra

This appeal presents the question of whether, during a refereeship, a senior judgment lienholder may redeem property from a junior judgment creditor who purchased the debtor"s property at an execution sale. To answer this question we must wade into the murky waters of our state"s statutory redemption provisions, which our supreme court long ago described as "philological monstrosities, illustratin

More...   $0 (12-22-2010 - IA)

LaBella Winnetka, Inc. v. The Village of Winnetka and Douglas Williams

On February 28, 2007, a roof fire broke out at the Italian restaurant operated by LaBella Winnetka, Inc. in the Village of Winnetka, Illinois. The restaurant's doors have remained closed since that date. LaBella blames the Village and its manager, Douglas Williams, for preventing it from reopening the restaurant. LaBella appeals the district court's dismissal of its equal protection, substantive d

More...   $0 (12-29-2010 - IL)

Next Page