Probate Law
 
Buford Cody v. David Cody

Buford Cody appeals the final order of the probate court which determined the boundaries of particular portions of real property to individuals, when no such specifics were contained in the will of Earler T. Martin, Jr. Also before this Court for review is the previous order of the probate court, entitled “Order Construing

2

Will,” which was not an appealable final order upon its... More...
   $0 (11-26-2013 - FL)

William M. Daniels v. Warren E. Agin

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part ... More...   $0 (11-25-2013 - MA)

In re the Marriage of Gregory J. and Marcela Bianco

Attorney Winifred Whitaker appeals from February and March 2012 orders jointly and severally sanctioning her $43,000 under rule 2.30(b) of the California Rules of Court (rule 2.30(b)) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her in representing wife in a dissolution trial.1 Whitaker contends the cour... More...   $0 (11-22-2013 - CA)

Maisha I. Hamilton v. Village of Oak Lawn, Illinois

Allan Lorincz, a man in his mid‐80s retired from the University of Chicago Medical Center, where he had been a distinguished dermatologist, was dying of Parkinson’s disease in the spring of 2010 when, according to the plaintiff, Maisha Hamilton, he hired her to help him in his home with various “end‐of‐life tasks.” She was a friend of a wayward daughter of Lorincz. A defrocked physicia... More...   $0 (11-20-2013 - IL)

In the Matter of the Estate of Yoko Perry, Deceased. C. P., an adult individual, Appellant, v. GABE BERNSTEIN, Personal Representative of the Estate of

2 Plaintiff appeals a general judgment in three consolidated cases and a
3 supplemental judgment for attorney fees and costs entered in favor of the personal
4 representative of the estate of plaintiff's father, Brian Perry, and the personal
5 representative of the estate of his father's wife, Yoko Perry. Plaintiff filed a claim against
6 both estates and a separate tort claim agai... More...
   $0 (11-20-2013 - OR)

Michael Wallace v. Claire Wallace

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and “surreptitiously open[ed] multiple credit cards in [his] ... More...   $0 (11-20-2013 - MO)

In re the Marriage of Becky and Gary Burwell

Are the proceeds of a term life policy community property or separate property of the spouse who pays the final premium? Our answer is an all too familiar one: it depends. We hold that the characterization “will depend on the … premium for the final term of the policy.” (Minnesota Mut. Life Ins. Co. v. Ensley (9th Cir. 1999) 174 F.3d 977, 983 (Minnesota Mut. Life Ins. Co.).) The effect of th... More...   $0 (11-13-2013 - CA)

Craig West v. Brian West

A family dispute over distribution of the decedent’s estate comes to us for resolution. A claimant, one of the decedent’s sons, appeals an order that denied his request to transfer his claim to, or allow him an extension of time in which to file his claim in, the civil division of the court. We agree that the trial court erred in not transferring the case to the civil division and reverse.
... More...
   $0 (11-13-2013 - FL)

Michelle K. v. Harbor Development Disabilities Foundation

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelle... More...   $0 (11-13-2013 - CA)

Michelle K. v. Harbor Developmental Disabilities Foundation

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelle... More...   $0 (11-08-2013 - CA)

James E. Killian v. Concert Health Plan

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital

2 No. 11-1112

determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center (“Rush”) and soon afterward was admitted for emergency brain surgery. Although the surgery successfully re... More...
   $0 (11-07-2013 - IL)

United States of America v. William Leonard Pickard

Defendants-Appellants William Pickard and Clyde Apperson appeal the district court’s decision to deny their motion to unseal the Drug Enforcement Administration

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(“DEA”)’s file on one of its confidential informants. Having jurisdiction under 28 U.S.C. § 1291, we conclude the district court erred in the manner in which it denied Defendants’ motion to unseal the file, for t... More...
   $0 (11-05-2013 - KS)

Mariea Anna Stevens v. Asplundh Tree Expert Co.

Mariea Anna Stevens sued Asplundh Tree Expert Co. on a negligence wrongful death theory claiming:

1. That during all times complained of herein, Anna Stevens was a resident of Tulsa County, State of Oklahoma. That prior to his death, Marshall Stevens was a resident of Tulsa County, State of Oklahoma and the Probate of his case is filed in Tulsa County. That during all times complained of ... More...
   $0 (11-04-2013 - OK)

In re the Marriage of Becky and Gary Burwell

Are the proceeds of a term life policy community property or separate property of the spouse who pays the final premium? Our answer is an all too familiar one: it depends. We hold that the characterization “will depend on the … premium for the final term of the policy.” (Minnesota Mut. Life Ins. Co. v. Ensley (9th Cir. 1999) 174 F.3d 977, 983 (Minnesota Mut. Life Ins. Co.).) The effect of th... More...   $0 (11-03-2013 - )

Shauna Eyvette Ball v. Laureate Psychiatric Clinic and Hospital, Inc.

Shauna Eyvette Ball sued Laureate Psychiatric Clinic and Hospital, Inc. on a negligence theory claiming:

1. The Plaintiff, Shauna Ball, is the duly appointed Personal Representative of the Estate of Joseph James Ball, Deceased, having been appointed as such by a Judge of the District Court in the District Court of Tulsa County, State of Oklahoma. At all times relevant hereto, the Plaintif... More...
   $0 (11-01-2013 - OK)

Littlbrook Airpark Condominium Association v. Sweet Peas, L.L.C.

[¶1] This matter comes before us pursuant to M.R. App. P. 24(c) on report from the Superior Court (York County, Fritzsche, J.). Littlebrook Airpark Condominium Association (“the Association”) brought this action seeking, among other things, a declaratory judgment clarifying the rights of the parties pursuant to a lease of real property. The reported question concerns the effectiveness of an u... More...   $0 (10-31-2013 - ME)

Valeri S. Varnado, Administratrix of the Estate of Vernon Varnado v. R & D Marble, Inc., Randall Chelette and James Trahan

Vernon Varnado owned a sole proprietorship, doing business as Southern Manufacturing. At the time of Vernon’s death in October 2006, Vernon’s son-in-law, Randall Chelette was acting as the general manager of the business. Vernon died without a will.

On May 24, 2007, Valeri Varnado (Vernon’s daughter and Chelette’s wife at the time), filed an application for letters of administration... More...
   $0 (10-31-2013 - TX)

Esther Anderson, Principal of Benson & Anderson, P.C. v. Meggin McCormick a/k/a Meghan McCormick, Administratrix of the Estate of Marilyn R. McCormick a/k/a Marahlyn R. McCormick, Deceased

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’... More...   $0 (10-31-2013 - TX)

Jeffrey Perelman v. Estate of Ruth C. Perelman

Ruth Perelman, the late wife of appellee Raymond Perelman, died in Philadelphia, Pennsylvania on July 31, 2011, at the age of 90. In this appeal of a final Florida probate order, Ruth and Raymond’s son Jeffrey Perelman challenges: 1) the trial court’s refusal to stay the Florida probate proceeding in deference to a Pennsylvania probate proceeding; and 2) the trial court’s determination that ... More...   $0 (10-30-2013 - FL)

Edward I. Golden v. Carol Ann Jones

Appellant Edward Golden, the curator of the Estate of Katherine Jones, appeals a final order striking a claim filed against the Estate of Harry Bruce Jones. We reverse, because the trial court erred in determining that the claim was untimely without first determining whether the claimant was a known or reasonably ascertainable creditor. We hold that if a known or reasonably ascertainable creditor ... More...   $0 (10-30-2013 - FL)

In the Matter of the Estate of Stanley R. Littleton, Deceased

¶1 In this probate proceeding, Petitioner/Appellant, Lucille Kathryn Littleton (Wife), the surviving spouse of Stanley R. Littleton (Decedent), appeals the probate court's determination that certain trust property - real property at 4920 Tinker Diagonal - was Decedent's separate property and was not subject to Wife's forced heir right under 84 O.S. 2011 §44. Decedent's son, Respondent/Appellee, ... More...   $0 (10-23-2013 - OK)

Yanira Garcia Ramirez Castellon v. U.S. Bancorp

Plaintiff and appellant Yanira Garcia Ramirez Castellon (plaintiff) appeals the summary judgment entered in favor of defendant and respondent U.S. Bancorp (defendant), as trustee of the Luis Villalobos Settlement Trust (the Trust), in this action for negligence and premises liability for injuries sustained when plaintiff slipped and fell outside a residence owned by the Trust. We affirm the judgme... More...   $0 (10-23-2013 - CA)

Doreen Carpentier v. Douglas Tuthill and Town of Hartford Town Clerk

¶ 1. BURGESS, J. Defendant Douglas Tuthill, Administrator of the Estate of Paul Oakes, appeals from the jury’s award of $150,000 in punitive damages to plaintiff Doreen Carpentier and the trial court’s denial of his motion for remittitur. Defendant also challenges the trial court’s denial of his post-judgment motion to vacate a writ of attachment. We affirm.

¶ 2. ... More...
   $0 (10-04-2013 - VT)

John Glad v. James Patterson Ramseur Guardian of Estate of Julia Dixon Ramseur

John Glad, appearing pro se, appeals from the trial court’s adverse final summary judgment awarding appellee James Patterson Ramseur, as guardian of the estate of Julia Dixon Ramseur, damages and attorney’s fees on appellee’s breach of contract claim and ordering that Glad take nothing on his tortious interference claim against appellee. Glad generally contends that the trial court erred in ... More...   $0 (10-03-2013 - TX)

Timothy Michael Frazin v. Haynes & Boone, L.L.P.

Timothy Frazin appeals the judgment of the district court affirming the final judgment entered by the bankruptcy court on certain state-law counterclaims that Frazin filed against the Appellees, attorneys who were authorized by the bankruptcy court to represent Frazin in a separate lawsuit. Frazin argues that the bankruptcy court lacked the authority to enter a final judgment on these claims in li... More...   $0 (10-01-2013 - TX)

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