Probate Law
 
Willie O. Flentge, Jr. and Charles Ray Flentge v. Daniel W. Junek, Independent Executor of the Estate of Willie O. Flentge, Sr.

Willie O. Flentge, Jr. and Charles Ray Flentge filed suit contesting the will of
Willie O. Flentge, Sr. Daniel Junek, Independent Executor of the Estate of Willie O.
Flentge, Sr. filed both a traditional and no evidence motion for summary judgment.
The Flentges filed a motion for partial summary judgment. The trial court granted
Junek’s motion for summary judgment. We affirm.
... More...
   $0 (11-15-2014 - )

Juan Manuel Rivas v. Sylvia V. Rivas

This is an appeal from a final decree of divorce in which Husband challenges the divestiture of his separate property. The litigants have been before the Court before. In Rivas v. Rivas, 320 S.W.3d 391 (Tex.App.--El Paso 2010, no pet.), we reversed a default judgment of divorce on procedural grounds. The case was remanded and following a bench trial, the decree at issue was entered. Because the tr... More...   $0 (11-15-2014 - )

Susan E. Jones v. Karen Coyle

Appellant Susan E. Jones appeals the probate court’s denial of a motion requesting that her attorneys’ fees be assessed against appellee Susan Coyle. Appellant asserts that it was error for the probate court not to award attorneys’ fees against the party who wrongfully withheld property of the estate. We affirm.
BACKGROUND
Following the death of Frances Hutchins, appellant was appoin... More...
   $0 (11-13-2014 - TX)

Dr.Ross G. Stone v. Nancy Stone and Alma Stone

Ross Stone appeals a final summary judgment in favor of Nancy Stone in a dispute involving the distribution of homestead property as part of the estate of their father Jerome Stone. The trial court held the transfer of the property to Nancy following Jerome’s death was not an impermissible devise of homestead property. We find the trial court erred in part, but nevertheless affirm the result.More...   $0 (11-12-2014 - FL)

Dennis Nasrawi v. Buck Consultants, LLC

Plaintiffs Dennis Nasrawi, Michael O’Neal, and Rhonda Biesemeier are retired public employees of Stanislaus County (County) and beneficiaries of a public pension trust administered by the Stanislaus County Employees Retirement Association (the Association). Defendants Buck Consultants LLC (Buck) and Harold Loeb provided actuarial services to the Association, also a defendant. According to plaint... More...   $0 (11-06-2014 - CA)

United States of America v. Marva Rice

Macon, GA - Michael J. Moore, United States Attorney for the Middle District of Georgia announced
that Marva Rice, the Probate Judge for Hancock County, entered a guilty plea to two
counts of Theft of Federal funds from Hancock County, which receives federal funds. Rice faces
a maximum sentence of up to ten years imprisonment, a fine of up to $250,000, and up to three
years of supe... More...
   $0 (10-31-2014 - )

Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his... More...   $0 (10-30-2014 - CA)

The State of Texas for the Best Internet and Protection of E.M.

E.M. appeals from a judgment of commitment for temporary inpatient mental health
services. In two issues, appellant asserts that (1) the trial court lacked personal jurisdiction, and
(2) the evidence is legally and factually insufficient to establish any of the criteria necessary for
court-ordered mental commitment. We overrule appellant’s issues and affirm the trial court’s
ju... More...
   $0 (10-30-2014 - TX)

John Thorpe v. Borough of Jim Thorpe, et al.

Jim Thorpe, multi-sport Olympic gold medalist
(“Thorpe”), died in California in 1953 without a will.1 His
estate was assigned to his third wife, Patricia (“Patsy”),2 who
eventually buried him in what is now Jim Thorpe,
Pennsylvania (“the Borough”). Jim Thorpe, Pennsylvania
was a newly-formed borough that had been created from the
merger of the boroughs of Mauch ... More...
   $0 (10-28-2014 - PA)

Joanne Holman Stine v. Monica Dell'Osso

Joanne Holman Stine (Stine), the conservator of Donna L. Davis (Donna), brought this malpractice action against Monica Dell’Osso and Burnham Brown, APC (Attorneys), for alleged dereliction in representing the prior conservator, David B. Davis III (David). David is Donna’s son, and was removed as conservator after allegedly misappropriating over one million dollars in assets from the conservato... More...   $0 (10-17-2014 - CA)

United States of America v. Patricia Merz and Christopher McGuigan

The Office of the United States Attorney for the District of Vermont announced that a federal jury in Burlington on Friday found Patricia Merz, 57, of Niskayuna, New York, guilty on charges of conspiracy, interstate transportation of stolen money, wire fraud and forgery after a three-day trial in U.S. District Court. The week before, Christopher McGuigan, 52, of Rutland, Merz's brother and co-def... More...   $0 (10-14-2014 - VT)

In the Estate of Henrietta Cannon Stone, Deceased

The Probate Code, now the Estates Code, provides a detailed procedure for the sale of an estate’s property by a dependent administrator or executor. That was done in this case. The administratrix of Henrietta Stone’s estate found one buyer for a portion of the Estate’s property, and after a delay, found another buyer for the same property. The delay worked to the benefit of the Estate. A hea... More...   $0 (10-02-2014 - TX)

Clayton Leroy Johnson and Kristen Johnson v. Elizabeth Catherine Richardson and Judson Hancock Richardson

COMES NOW the Plaintiffs by and through their Attorney of Record, Bill V. Wilkinson of Wilkinson Law Firm, and allege as follows:
I. PARTIES
1. Plaintiff Clayton LeRoy Johnson is a resident of Creek County, State of Oklahoma.
2. Kristen Johnson is a resident of Creek County, State of Oklahoma.
3. Estate of Walter Haddock Richardson is the probate estate of Walter Haddock Richardson... More...
   $0 (09-25-2014 - OK)

In the Estate f Terolle K. Luthen, Deceased

Appellants Patrick James Luthen, Rachel Luthen, and Patrick James Luthen as next friend of Andrew Luthen1 (collectively “appellants”) appeal the trial court’s order admitting Terolle K. Luthen’s will and codicil to probate and authorizing letters of administration naming appellee Donald Ley2 as the independent executor of the estate.3
1 Appellants are the decedent’s great grandchildr... More...
   $0 (09-25-2014 - TX)

Michael H. Brady v. Patti W. Brady

¶1 Respondent/Appellant Patti W. Brady (Wife) appeals the trial court's order granting the Motion to Correct Decree Nunc Pro Tunc filed on behalf of Michael H. Brady (Husband). The Decree of Dissolution of Marriage ("Decree") was entered June 27, 2011, and the Agreement Incident to Dissolution of Marriage ("Agreement"), incorporated by reference into the Decree, was signed by Wife and Husband Jun... More...   $0 (09-23-2014 - OK)

In the Interest of G.S., a child

Appellant G.B.C. (the Father) appeals from the decree terminating his parental rights to a daughter, G.S. (the Child). The Father brings four issues arguing that (1) the trial court erred in denying his motion for new trial; (2) the evidence is insufficient to support termination; (3) the Texas Department of Family and Protective Services (the Department) failed to make reasonable efforts to reuni... More...   $0 (09-23-2014 - TX)

Garcia v. Michelin North America, Inc.

On January 31, 2011, Alexandra Deike, individually and on behalf of the estate of her mother, Ariana Dominguez, individually and on behalf of the estate of her brother, and Gregorio Dominguez, Ruben’s father, (collectively the Guerrero parties) filed wrongful death, survival, personal injury, and product liability claims in the probate action against Michelin North America, Inc., the tire manufa... More...   $1 (09-11-2014 - )

GAIA Environmental, Inc. v. James B. Galbraith

Appellants Gaia Environmental, Inc. and AXL Industries, L.L.C. brought claims against appellees James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. (“MAPA”) for tortious interference with a prospective business relationship, tortious interference with an existing contract, civil conspiracy, and aiding and abetting. Gaia and AXL alleged that attorney Galbraith and his firm
MAPA, ... More...
   $0 (09-09-2014 - TX)

Patricia Pilkington and Estate of Michael Tallon v. Bixby Health & Rehabilitation, LLC d/b/a Southtown Nursing and Ventilator Care

COMES NOW THE PLAINTIFF Patricia Pilkington, Special Administrator of the Estate of Michael Tailon (“Tallon”) and alleges as follows:
Parties and Venue
I. The nursing home that is the subject of this action is located in Tulsa County, Oklahoma.
2. All acts of negligence and omission by Defendant, its agents, servants, and employees occurred in Tulsa County, Oklahoma.
3. Deceden... More...
   $1 (09-08-2014 - OK)

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

In re the Marriage of Joy and William Evans

This appeal presents a question of first impression about the Family Code provisions that require spouses who are dissolving their marriage to exchange declarations of disclosure of assets and liabilities.1 Specifically, is a property settlement
1 Declarations of disclosure (disclosure declarations) are governed by Family Code sections 2100 through 2113, which sections comprise chapter 9 of pa... More...
   $0 (08-29-2014 - CA)

Richard E. Jaffe v. In re: Guardianship of Michael Ross Jaffee

Richard E. Jaffe (“Jaffe”) appeals the trial court’s order granting the petition
of attorney Joy Carr (“Carr”) for attorney’s fees and costs, and the trial court’s
order denying Jaffe’s petition to enforce a settlement agreement. For the reasons
that follow, we affirm.
FACTS AND BACKGROUND
Jaffe’s son Michael Jaffe (“Michael”) was employed for twenty years... More...
   $0 (08-27-2014 - FL)

Nora Friscia v. Thomas Friscia and Nicholas Friscia

Nora Friscia, as personal representative of the Estate of Vincent J. Friscia (the Decedent), seeks review of an order which determines that the Decedent's interest in his former marital home is entitled to the homestead exemption under article X,
- 2 -
section 4 of the Florida Constitution. At the time of his death, the Decedent was divorced from his first wife, Robin Friscia (the Former W... More...
   $0 (08-27-2014 - FL)

Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
2
the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent... More...
   $0 (08-21-2014 - TX)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‟s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contract with the Davises to allow them to purchase lot nine of the subdivi... More...
   $0 (08-20-2014 - TX)

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