¶1 Appellant Carlton E. Horner, Jr. seeks review of the trial court's orders denying him a continuance and construing the Last Will and Testament of his father, Carlton E. Horner, Sr., Deceased (Decedent). In this appeal, Appellant asserts the trial court abused its discretion in denying him a continuance to obtain substitute counsel, and erred as a matter of both fact and law in refusing to enfo... More...   $0 (03-26-2014 - OK)

¶1 The Bar Association alleged that Jennifer Layton (respondent): 1) neglected to disclose to the court and opposing counsel that her witness was going to testify inconsistently with his previous police statement; and 2) falsely denied that she had spoken to the witness before and/or during the trial. It contends that her conduct violated Rules 3.3[falsifying evidence/failing to disclose evidence... More...   $0 (03-25-2014 - OK)

The United States Attorney's Office announced that on March 20, 2014, FLORENCE IRENE JARA, 52, of Billings, was ordered to serve a term of five years of probation, pay $41,984.60 in restitution to the Social Security Administration, and perform 275 hours of community service, by U.S. District Judge Susan Watters.

In the prosecution's sentencing memorandum, Assistant U.S. Attorney Chad C. S... More...   $0 (03-21-2014 - MT)

Michael W. Lacey appeals the trial court’s orders granting the Texas Commission on Law Enforcement Officer Standards and Education’s plea to the jurisdiction and granting the City of DeSoto’s motion to dismiss. The trial court lacked subject-matter jurisdiction over the suit, and therefore we will affirm its order dismissing Lacey’s suit against the Commission. We will also affirm the tria... More...   $0 (03-14-2014 - TX)

Akihiko Siegfried, age 55, formerly of Denver, Colorado, was sentenced Monday, March 10, 2014, by U.S. District Court Judge Philip A. Brimmer to serve 63 months in federal prison for mail fraud and money laundering, federal law enforcement authorities announced. Siegfried was also ordered to serve a 3 year term of supervised release following his prison sentence. Judge Brimmer also ordered him t... More...   $0 (03-12-2014 - CO)

Dororthy N. Carter, Independent Executor of the Estate of Gertrude Emma Anna Haley, Deceased, appeals the order of the trial court requiring that she file an account of the estate and permitting any heir to request a hearing on distribution of the estate. Carter contends that the trial court lacks probate jurisdiction because the heirs to Haley’s estate signed a family settlement agreement (“t... More...   $0 (03-06-2014 - TX)

John D. appeals from a judgment appointing a Lanterman-Petris-Short (LPS) Act conservator of his person. He also appeals the imposition of special disabilities in the letters of conservatorship, denying him the privilege of possessing a driver’s license, the right to enter into contracts and the right to possess a firearm. He contends there is not substantial evidence supporting the finding that... More...   $0 (03-04-2014 - CA)

Carolyn James sued her brother Richard Steven Calkins over the right to manage the assets of their incapacitated mother. Linda Goehrs, who was purportedly appointed temporary guardian of the mother by a probate court,

2

intervened. This appeal concerns the aspect of the case related to allegations between James and Goehrs.

The parties agree that the trial court should have dis... More...   $0 (02-27-2014 - TX)

This appeal arises from a guardianship proceeding. Jerry Valdez appeals the probate court’s order authorizing U.S. Specialty Insurance Company to interplead the net proceeds1 from a supersedeas bond into the registry of the court. Valdez contends the probate court lacked jurisdiction to enter the order. Valdez also contends the trial court erred in awarding attorney’s fees to U.S. Specialty an... More...   $0 (02-26-2014 - TX)

Appellee Sondra Kelso, in her capacity as independent administrator of the estate of Helen Jones Schweng, brought suit against Peggy McCoy, Eugene Braun, and appellants Randall Holt and Judy Holt to recover estate assets.1 Following a bench trial, the trial court found all four defendants jointly and severally liable to Sondra for breach of fiduciary duty, conversion, theft, and civil conspiracy a... More...   $0 (02-26-2014 - TX)

[¶1] The Estate of J. Kent Dahlke included a checking account he held jointly with his surviving wife Sara Dahlke. There were irregularities in the administration of the estate, including failure to assure that the heirs waived a hearing on a decree of distribution, and failure to advise Sara Dahlke of her statutory elective share. Sara served as the personal representative of Kent’s estate. Af... More...   $0 (02-25-2014 - WY)

¶1 R.P., an alleged biological father, appeals from the district
court’s dismissal of his petition to establish paternity under the
R.P. v. K.S.W. and D.R.W.
2. Unless otherwise specifically noted, all citations to the Utah Code
are to the 2012 edition of the Utah Code Annotated.
20120559-CA 2 2014 UT App 38
Utah Uniform Parentage Act (the UUPA). See Utah Code Ann.
Â... More...   $0 (02-21-2014 - UT)

[¶1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate the... More...   $0 (02-21-2014 - ND)

Petitioner-Appellant, Darron Deon Howard, has been involved with the criminal-justice system since he was eleven years old. When he pleaded guilty to violating 18 U.S.C. § 922(g)(1) in 2006, his many runins with the law resulted in a rather high criminal-history score. At sentencing, his counsel objected to several of the Presentence Investigation Report’s (“PSRâ€�) assignments of criminal-hi... More...   $0 (02-20-2014 - MI)

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by Margaret Morales. Morales sought reimbursement of the attorney’s fees she incurred in defending against the Aguilars’ lawsuit alleging that she breached the fiduciary duty she owed to AlvildaMae Aguilar under the terms of a durable power of attorney. Because Morales was also the independent... More...   $0 (02-19-2014 - TX)

On April 23, 2013, the appellees, who are the adult children of Carlos Y. Benavides, Jr., filed a motion to dismiss this appeal for lack of jurisdiction based on the probate court’s order granting their motion in limine under Section 642 of the Texas Probate Code, which has been recodified without change to Section 1055.001 of the Texas Estates Code. The motion in limine was granted based on the... More...   $0 (02-19-2014 - TX)

This appeal arises from three probate court orders, namely: (1) an October 12, 2012 transfer order; (2) a January 11, 2013 order setting aside an out-of-county default judgment, dismissing the out-of-county case, and granting sanctions; and (3) a January 28, 2013 order granting sanctions. Appellant Anthony C. Aguilar raises fourteen issues on appeal, contending, in essence: (1) the probate court i... More...   $0 (02-19-2014 - TX)

Cynthia Burch challenges an order granting summary adjudication in favor of Premier Homes, LLC (Premier Homes), Custom Home Builders, Inc. (Custom Home Builders), Scott Warren, and Daniel Sahar in a construction defect action. The defendants argued that the Right to Repair Act (Civ. Code, § 895 et seq.) provides the exclusive remedy for a homeowner seeking damages for construction defects and pre... More...   $0 (02-19-2014 - CA)

Surgeons implanted a biliary stent in plaintiff Brendan Maher during emergency abdominal surgery in 1996. Maher alleges he was unaware of the stent’s placement until it was discovered and removed in August 2010 after he sought treatment for abdominal pain. In April 2011, Maher sued the health care providers who treated him in 1996 and 1997 for professional negligence in not timely removing the s... More...   $0 (02-18-2014 - CA)

Jose Gonzalez, personal representative of the Estate of Jesus Chavez Olvera, deceased, sued Dub Ross Company, Inc. on a wrongful death theory claiming:

At all times relevant, Defendant Dub Ross Company, Inc., was acting by and through its agents, servants and employees, who were acting within the scope of their employment. Defendant is therefore vicariously liable for the injuries to Plai... More...   $295000 (02-14-2014 - OK)

[¶1] James Huston appeals from an order denying his petition to remove Wilma Russell as personal representative of Virgil Huston's estate and from an order denying Russell's petition to determine Virgil Huston's heirs. We dismiss the appeal from the order denying Russell's petition to determine the heirs and affirm the order denying James Huston's motion to remove Russell as the estate's personal... More...   $0 (02-13-2014 - ND)

Appellant, Nancy Stone, appeals the trial court’s order striking her motion for costs and denying her motion to have the motion for costs deemed timely filed. We reverse and remand because Florida Rule of Civil Procedure 1.525 did not apply to appellant’s motion for costs.1

Generally, in civil proceedings, “[a]ny party seeking a judgment taxing costs, attorneys’ fees, or both shall ... More...   $0 (02-12-2014 - FL)

This appeal arises from disputes regarding a testamentary trust established by Willa Peters Hubberd. Willa’s daughter, Mary Dahlman, is a beneficiary under the trust. Dahlman appeals the probate court’s orders modifying the terms of the testamentary trust based on a mediated settlement agreement signed by all of the parties to the underlying cause and their attorneys.1 On appeal, Dahlman conte... More...   $0 (02-12-2014 - TX)

In the underlying litigation, Leticia Benavides sued Shirley Hale Mathis, As Temporary Guardian of the Estate of Carlos Y. Benavides, Jr., for tortious interference with a contract and for money had and received. Mathis moved for both a traditional and no-evidence summary judgment on both claims. The trial court rendered judgment in favor of Mathis, and this appeal by Leticia ensued.1 The disposit... More...   $0 (02-12-2014 - TX)

On this 7th day of February, 2013, this matter comes on before me, the undersigned Judge of the District Court, Plaintiff, Jashaun Fields, a minor, appears in person and by and through his Mother and Next Friend, Michelle Ford, and by and through counsel of record, Brent D. Berry; and the Defendants, Abel Enterprises, LLC and Arturo Martinez Jr., being present by and through their counsel of reco... More...   $18500 (02-07-2014 - OK)