Probate Law
 
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

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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 as

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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

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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 subdivisi

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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

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Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t

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Maria Rebolledo v. Tilly's Inc.

Tilly's Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court's order denying its motion to compel arbitration of Maria Rebolledo's putative class action regarding statutory wage claims. We agree with the trial court's conclusion the parties' arbitration agreement expressly excluded statutory wage claims from the arbitrati

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Cyndi Vance Don Bizek

This case turns on the trial court's mis-assignment of the burden of proof.
The presumption created by section 16004 of the Probate Code that a trustee who
commingles trust funds with her own funds violates her fiduciary duty to the trust applies
only to the relationship between a trustee and trust beneficiaries. Here, the trial court
applied the presumption for the benefit of a cr

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In re Alexandria P., a Person Coming Under the Juvenile Court Law

This case involves the placement preferences set forth in the Indian Child Welfare Act (ICWA) (25 U.S.C. § 1901 et seq.).1 At issue is whether the dependency court properly applied the ICWA in finding that the foster parents of an Indian child failed to prove good cause to deviate from the ICWA's adoptive placement preferences.
A 17-month-old Indian child was removed from the custody of her

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Christopher Joel Davey v. Margarett Jordan Royalties, Inc., et al

Christopher Joel Davey appeals from an adverse summary judgment rendered in his suit against numerous oil companies in an attempt to recover land that once belonged to his deceased father. In five issues, Davey contends that the orders rendered in the temporary administration of his father's estate are void for want of jurisdiction, the deeds purportedly conveying property to Margarett Jordan Roya

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In the Estate of Edythe A. Miller

Richard Miller appeals the trial court's denial of his amended claim in the probate proceeding of his mother, Edythe A. Miller. Richard's siblings, Mary Margaret Miller and Joseph Michael Miller, are the appellees. In two issues, Richard contends the trial court's letter ruling precluded his opportunity to request further findings of fact and conclusions of law and the trial court erred in denying

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Margaret Baldwin and Estate of Maxine Anderson v. Saint Simeons Episcopal Home, Inc.

Margaret Baldwin and Estate of Maxine Anderson v. Saint Simeons Episcopal Home, Inc.

1. 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. Decedent Anderson was a resident of Oklahoma at the time of his death.
4.

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Kathie Gossett v. Kimberly Back

Appellant Katie Gossett (Katie) appeals the probate court's order appointing appellee Kimberly Back (Kimberly) as the independent executrix of the Estate of Lola B. Chenoweth (the Estate). In two issues, Katie asserts (1) the probate court erred by determining she was disqualified to serve as the independent executrix of the Estate and (2) the evidence is legally insufficient to support her disqua

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Calyx Energy, LLC v. Mark Hall

¶1 Mark and Rachel Hall appeal three rulings of the district court, a January 3, 2011 order granting their motion for attorney fees, a January 31, 2011 order denying their motion for treble damages and a July 6, 2011 order denying their motion for additional attorney fees. We dismiss this appeal for lack of appellate jurisdiction because the orders appealed lack the finality required for appellat

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City of Stigler v. Latresia Crumley

¶1 David M. Hanke (decedent) died intestate on April 4, 2002 in Oklahoma County, Oklahoma. He was the record owner of certain real property in the City of Stigler, Oklahoma, in Haskell County. On June 6, 2002, Defendant/Appellee Latresia Crumley (Crumley), one of decedent's daughters, filed a "Petition for Letters of Administration, Appointment of Personal Representative and Determination of Heir

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Justin Ringgold-Lockhart v. County of Los Angeles, et al.

This appeal requires us to consider the limits of a federal
court's authority to impose pre-filing restrictions against socalled
vexatious litigants. The case arises from one of many
episodes in a legal saga involving Nina Ringgold and the Los
Angeles Probate Court. Ringgold brought a federal lawsuit
challenging the Probate Court's authority to remove her as a
trustee of th

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Clinton Keith Dawson and Brandy Lake v. Will Matthew Lowrey

This suit regards a dispute between Pat Lowrey's natural children and his former step-children (children of a woman from whom Pat was divorced several years before his August 31, 2012 death after a long bout with cancer)1 over the proceeds of a bank account.
Clinton Keith Dawson and Brandy Lake, Pat's former step-children, brought suit against Will Lowrey (Pat's son, who also was his attorney-

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Estate of William Wallace Allen, deceased

Montra Land appeals the trial court's judgment granting Don Parks, David Mac Glover, and Ike Allen Laws III's motion for summary judgment denying Land's statutory bill of review in this probate-application case concerning the will of William Wallace Allen. Land's 2013 petition for bill of review alleged the trial court committed substantial error by granting Don Parks's motion for summary judgment

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Wendy Jeanelle Hennig v. Matthew Michael Didyk

Appellant Wendy Jeanelle Hennig appeals from a judgment entered in favor of appellee Michael "Miro” Didyk, individually and as independent administrator of the estate of Matthew Michael Didyk, deceased, appellant's former husband, following a nonjury trial. In three issues, appellant argues the trial court erred by (1) failing to give effect to the decedent's designation of appellant as the

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Ted Stauffer & John Bernot v. Jane T. Nicholson

This interlocutory appeal arises out of a lawsuit Jane T. Nicholson filed in probate court against her brother Ted Stauffer a nonresident. Nicholson sued Stauffer individually and as "Successor Trustee of the Anne Bodulus Stauffer Revocable Trust.” Stauffer filed a special appearance to the action asserting the court lacked personal jurisdiction over him. After a hearing, the court denied th

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Beatrice Pitre v. Robert Forward Sr. Independent Executor of the Estate of Marie Mahathy Forward

This appeal involves a will contest concerning the estate of Marie Mahathy
Forward. Marie died on November 24, 2008, at the age of ninety-six years old.1 On
December 4, 2008, Robert Forward Sr., Marie's son and appellee herein, filed an
application to probate Marie's will executed on November 22, 2002, which left
Marie's entire estate to Robert (the "2002 Will”). However, on

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Roman Luckey v. Cotton On USA, Inc.

Petitioner Roman Luckey brought a putative class action against real parties in
interest Cotton On USA, Inc. and Cotton On Clothing Pty Ltd. (collectively Cotton On)
for violations of the federal Fair and Accurate Credit Transactions Act (FACTA). Prior
to class certification, Luckey and Cotton On mediated their dispute and reached a class
settlement agreement. Pursuant to the settl

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Guardianship of A.L.

Seven years after appellant Marjorie L. (the guardian or Marjorie) was appointed guardian of her two granddaughters, A.L. and E.L. (the minors), the trial court granted a petition to terminate the guardianship filed by the minors' parents, respondents Jennifer L. and Richard L., Jr., (the parents, or Jennifer and Richard), following a minutes long hearing in which no evidence was introduced, no wi

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In the Estate of Aminta Perez-Muzza, Deceased

Veronica Peña appeals the trial court's dismissal of her lawsuit contesting the will of Aminta Perez-Muzza. The trial court dismissed the contest: (1) because Veronica lacked standing to contest the will; and (2) to sanction Veronica for false statements she filed with the trial court and this court. Because we conclude that neither ground warranted dismissal, we reverse the judgment of the tri

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In the matter of the Guardianship of Berry

¶1 This proceeding involves a request for an extraordinary writ that is recast as appeal from an order in a guardianship that adjudicated the wards' selection of counsel and adjudicated a motion concerning unsupervised visitation and selection of a guardian.This proceeding also involves two requests for extraordinary relief that were made during the appeal.1 The first involves an emergency motion

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