A trustee must provide notice when all or part of a revocable trust becomes irrevocable because of the death of a settlor (Prob. Code, § 16061.7, subd. (a)) and any action contesting the trust cannot be filed "more than 120 days from the date the notification by the trustee is served upon him or her." (Prob. Code, § 16061.8, undesignated statutory references are to this code.)

In this cas... More...   $0 (09-27-2013 - CA)

This appeal concerns a multimillion-dollar contract dispute over the distribution of profits from medical patents. In particular, it involves U.S. Patent No. 5,922,021 (“the ‘021 patentâ€�), awarded to appellant G. David Jang for coronary stent technology. Jang, a doctor and inventor, sued Boston Scientific Corporation (“BSCâ€�), the company to which Jang assigned his coronary stent patents,... More...   $0 (09-13-2013 - DE)

This is an appeal of a probate proceeding arising out of the Estate of R.H. “Jackâ€� Finney, Jr., deceased. In her petition for declaratory judgment, Jean Townsend Gibbs, Finney’s daughter, claimed Amanda Kay Bickley was not entitled to the contractual bequests Finney made to her because she failed to comply with the conditions precedent stated in the will. After a jury trial, the jury found t... More...   $0 (08-30-2013 - TX)

The trustee, his son, and their law firm appeal an adverse final judgment against them in an action brought by the beneficiaries of family trusts. After an eight-day trial, the probate division of the circuit court: removed the trustee, finding that he had breached his fiduciary duties to the beneficiaries; found that the trustee and his son also acted in a dual capacity as attorneys for the trust... More...   $0 (08-23-2013 - FL)

Dawn Young, John Smith, Benjamin Smith and Frankie Smith, deceased, sued Donald Smith and State Farm Mutual Automobile Insurance Company claiming:

On a about the lwt day of December, 2012. Frankie Smith was involved in an automobile axident and was fatally injured. Frankie Snub was a psseuger in a vehicle driven by her husband. Donald Smith, at the time of the accident. As a iesuIt of the a... More...   $225000 (08-18-2013 - OK)

This appeal involves the construction of James Dennis Lehne, Sr.’s will. At issue is whether Paula Lehne Netherton (“Paulaâ€�) or James Dennis Lehne, Jr.’s Estate and his beneficiaries (collectively “Jr.’s Estateâ€�) are the owners of 423.911 acres in Menard County (“the Propertyâ€�) bequeathed by James Dennis Lehne, Sr. in his will. In the trial court, both parties moved for summary j... More...   $0 (08-18-2013 - TX)

Martha Louise Britton and Ernest Starr Hansberger III sued John Branscume as Trustee of the Wilhemina M. Berrier TGrust dated October 25, 1994 as amened and Helen Victoria Ferguson and Jacqueline Berrier and James Berrier and the Heirs Executors Administrators Devisees Trustees and Assigns of William F. Berrier, De4ceased, and the Unknown Successors of Ruth Berrier, Deceased claiming:

1. Th... More...   $0 (08-15-2013 - OK)

¶ 1. DOOLEY, J. Defendant appeals from a final relief-from-abuse order in which the family division of the superior court concluded that plaintiff was a vulnerable adult and that defendant abused and exploited her. We affirm.

¶ 2. Plaintiff was born in November 1992. She was deaf for the first several years of her life, resulting in developmental delays that ca... More...   $0 (08-09-2013 - VT)

Jerry Byrom appeals from the county court’s order for the sale of real property and appointment of a receiver. In one issue, he contends the county court erred in imposing a constructive trust on his homestead property and ordering its sale to pay guardian’s fees, accounting fees, attorney’s fees, and the interest thereon. We affirm.

BACKGROUND1

Jerry Byrom was appointed execut... More...   $0 (08-07-2013 - )

In 1992, Raymond Sandler, then an attorney at Sandler & Rosen, drafted wills for Willet Brown and his wife Betty Brown. Willet‟s will established a marital trust that was expected to generate several million dollars in annual income. The will named Betty as the marital trust‟s income beneficiary for life; upon her death, the principal of the trust was to be transferred into an Exemption Equiva... More...   $0 (08-01-2013 - CA)

As appellant Maria B.‘s mother and limited conservator, Denise B. petitioned the trial court for an order authorizing her to consent to a hysterectomy and oophorectomy on Maria‘s behalf.1 Maria is a developmentally disabled adult who suffers from numerous health problems, including an abnormally long and heavy menses and debilitating migraine headaches that usually coincide with the onset of h... More...   $0 (07-31-2013 - CA)

In this case, we decide whether a civil contempt petition that seeks indemnification damages under MCL 600.1721 imposes “tort liabilityâ€� within the meaning of MCL 691.1407(1) of the governmental tort liability act (GTLA), MCL 691.1401 et seq. Given the Legislature’s use of the common-law term “tort,â€� we hold that “tort liabilityâ€� as used in MCL 691.1407(1) of the GTLA encompasses all... More...   $0 (07-26-2013 - MI)

Jeanette M. Dinkins (widow) appeals the trial court’s order determining that a provision in her late husband’s trust is not an invalid penalty clause and that a separate trust created for her can be used to satisfy her elective share. We affirm.

2

The husband's property at his death was estimated at $24-55 million, including certain assets held in trust. The widow sought a declar... More...   $0 (07-26-2013 - FL)

In these consolidated appeals, Tiberiu Klein appeals the district court’s dismissal of his wrongful death suits. While this case was pending before our court, the Illinois settlement order on which the district court based its dismissal was vacated by the Illinois Appellate Court. Cushing v. Greyhound Lines, Inc., No. 1-10-3194, 2013 IL App (1st) 103197 (Ill. App. Ct. May 16, 2013). Exercising j... More...   $0 (07-23-2013 - CO)

Plaintiff Jason Wayne Courtney appeals the district court’s grant of summary judgment to Defendants in his action brought under 42 U.S.C. § 1983 against Trooper Jacob Smith and the State of Oklahoma ex rel the Oklahoma Department of Public Safety (the “Stateâ€�). Courtney’s claims arise from a traffic stop on the Muskogee Turnpike during which he was arrested for being a felon in possession... More...   $0 (07-15-2013 - OK)

¶ 1. BURGESS, J. Wife appeals the court’s order modifying spousal maintenance. On appeal, wife argues that the court erred in setting the date for the modification to take effect, and reducing husband’s maintenance obligation based on wife’s anticipated inheritance even though it had not yet been received and absent a demonstration that it would improve wife’s financial cir... More...   $0 (07-12-2013 - vT)

Tulsa criminal defense lawyer Karla Rogers represented Melinda Barnardino a/k/a Melinda Gaspi Bernardino who was charged by the state with violting 21 O.S. 1451 which provides:



A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property... More...   $0 (07-09-2013 - OK)

This appeal concerns litigation that arose after a widowed wife, appellant LeAnn Randall, discovered that her late husband, Dr. Bob Randall, had left her less of an inheritance than she claims he promised her. Alleging that she had been tortiously deprived of her interest in community property that Bob had transferred to an irrevocable trust benefitting his children from a prior marriage, LeAnn su... More...   $0 (07-02-2013 - TX)

Appellant, Robert Writt, challenges the trial court’s rendition of summary judgment in favor of appellees, Shell Oil Company and Shell International, E&P,

2

Inc. (collectively, “Shellâ€�), in Writt’s suit against Shell for defamation. In two issues, Writt contends that the trial court erred in granting Shell summary judgment as Shell did not have an “absolute privilege,â€... More...   $0 (06-25-2013 - TX)

Plaintiff Rosina Jeanne Drake (Gina) appeals from a summary judgment entered in favor of defendants Janice and Daniel Pinkham, Gina‟s sister and brother-in-law, on Gina‟s petition to invalidate two amendments to a revocable trust (Prob. Code, § 17200)1, for a declaration that defendants predeceased the decedent (§ 259, subd. (a)), for imposition of a constructive trust, and for damages. The ... More...   $0 (06-21-2013 - CA)

[¶1] Appellant Amy Roberts and Appellee Steven Locke divorced in mid-July of 2010. Among their marital assets was a beachfront property in Costa Rica. After a trial, the district court ordered the property sold and the proceeds divided, and later held Roberts in contempt for impeding the sale. She now appeals that order. We affirm.

ISSUES

[¶2] Roberts asks this Court to consider tw... More...   $0 (06-17-2013 - WY)

Petitioner Karen Capone seeks review of the decision of the Third District Court of Appeal in Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010), based upon express and direct conflict with the decision of the Second District Court of Appeal in Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.More...   $0 (06-13-2013 - FL)

Appellant, Annie Cole Truitt, appeals from the trial court’s judgment admitting the Last Will and Testament of Mary Faye Cole (“Coleâ€�) dated November 20, 2009 (“2009 willâ€�) to probate. Appellees, Susan Faye Cole Byars and William C. Cole were the applicants for probate of the 2009 will. Truitt asserts the trial court erred by admitting the 2009 will to probate rather than Cole’s Last W... More...   $0 (05-30-2013 - TX)

Appellant, Annie Cole Truitt, appeals from the trial court’s judgment admitting the Last Will and Testament of Mary Faye Cole (“Coleâ€�) dated November 20, 2009 (“2009 willâ€�) to probate. Appellees, Susan Faye Cole Byars and William C. Cole were the applicants for probate of the 2009 will. Truitt asserts the trial court erred by admitting the 2009 will to probate rather than Cole’s Last W... More...   $0 (05-30-2013 - TX)

By five issues, appellant, Ronald Rogers, individually and as executor of the estate of Louise Rogers, appeals a final summary judgment entered in favor of appellee, Ted L. Walker. We affirm in part and reverse in part.

I. BACKGROUND1

Ted L. Walker and his father, Ted G. Walker, are both lawyers. In October 1996, Ted G. Walker prepared a will for Louise Rogers.2 In her will, Loui... More...   $0 (05-30-2013 - TX)