Quo Warranto Law
 
Jamie Michelle Clark v. Peter Andrew Clark

¶1 Petitioner/Appellant Jamie Michelle Clark (Mother) seeks review of the trial court's order denying her motion to reconsider after denying her motion to reduce an alleged child support arrearage to judgment in the divorce action against Respondent/Appellee Peter Andrew Clark (Father). In this proceeding, Mother asserts the trial court erred as a matter of law and fact in refusing to grant her j... More...   $0 (10-09-2014 - OK)

International Energy Corporation v. Med Arch, LLC, Jack L. Kelley and Ken Privett

International Energy Corporation sued Med Arch, LLC, Jack L. Kelley and Ken Privett with fraud.

1. Plaintiff International Energy Corporation is a corporation organized under the laws of the State of Oklahoma.
2. Defendant Med-Arch, LLC (“Med-Arch”), is a limited liability company organized under the laws of the State of Oklahoma with its principal place of business in TZilsa Coun... More...
   $0 (10-08-2014 - OK)

Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man... More...
   $0 (10-07-2014 - ID)

Equal Employment Opportunity Commission v. Peabody Western Coal Company; Navajo Nation, Rule 19 Defendant

Peabody Western Coal Co. (“Peabody”) mines coal at the
Black Mesa Complex and Kayenta mines on the Hopi and
Navajo reservations in northeastern Arizona under leases with
the tribes. At issue in this appeal are two leases with the
Navajo Nation (“the Nation”) that permit Peabody to mine
coal on Navajo reservation land. Each lease requires Peabody
to give preference i... More...
   $0 (09-26-2014 - AZ)

The People v. Estvan Haro Espinosa

Plaintiff and appellant the People of the State of California appeal from the trial court’s order reducing defendant and respondent Estevan Espinosa’s first degree murder conviction to second degree murder, and resentencing him to a lower term. They contend: (1) the court lacked jurisdiction to modify the judgment; and (2) even if the court retained jurisdiction, modification of the judgment w... More...   $0 (09-25-2014 - CA)

Gerald K. Johnson v. Frederick M. Evans and Christine G. Evans

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.
BACKGROUND
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking... More...
   $0 (09-18-2014 - TX)

Barbara Lynch v. California Coastal Commission

The California Coastal Commission (Commission) appeals from a judgment in a
mandamus action directing the Commission to remove three conditions from a coastal
development permit amendment (permit) issued to Barbara Lynch and Thomas Frick
(collectively, respondents). The Commission contends respondents waived any challenge
to these conditions by signing and recording documents agree... More...
   $0 (09-09-2014 - CA)

J.M. v. G.H.

J.M. appeals from a judgment on reserved issues granting joint physical custody of
his son Joey to J.M. and G.H., Joey’s mother, and allowing her to take Joey with her to
live in Israel during the school year. Finding no abuse of discretion, we affirm.
BACKGROUND
We use the parties’ first names to simplify and humanize our opinion in this
intensely contested custody case. (... More...
   $0 (09-05-2014 - CA)

Jeffrey M. Healey v. Louis S. Spencer

Jeffrey Healey and Edward
Given reside in the Massachusetts Treatment Center in Bridgewater,
Massachusetts (the Treatment Center or Center). Each has been
civilly committed as a sexually dangerous person (SDP). In
separate suits, Healey and Given challenged the adequacy of sex
offender treatment provided by the Center as well as the conditions
of their confinement. They sou... More...
   $0 (09-03-2014 - MA)

Biodiversity Conservation Alliance v. United States Forest Service

Biodiversity Conservation Alliance challenges a United States Forest
Service decision modifying trail use in the two-million-acre Medicine Bow
National Forest in southern Wyoming. In particular, the Forest Service formally
closed several hundred miles of unauthorized motorized trails, but allowed
motorcycle use on an approximately five-mile trail in the Middle Fork Inventoried
... More...
   $0 (09-03-2014 - WY)

Francisco Serrano v. Four Seasons Framing

This is an appeal from a decision of the Industrial Commission finding that Francisco Serrano failed to prove that the condition for which he claimed additional benefits was caused by industrial accidents occurring in 2004 and 2008 while he was working for Four Seasons Framing (Four Seasons). We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Serrano worked as a framer for Four Seasons from S... More...
   $0 (08-22-2014 - ID)

Liberty Insurance Corporation v. City of Moore

COME NOW, Plaintiffs, Liberty Insurance Corporation (“Liberty”) and Michael R. Sohn (“Sohn”), and respectfully request this Court issue an Injunction and Temporary Restraining Order Without Notice to bar or preclude Defendants, City of Moore and Fernando Austin Paul Hernandez (“Hernandez”), from demolishing Hernandez’ s house, which is located in Moore, Oklahoma and was damaged durin... More...   $0 (08-20-2014 - OK)

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... More...
   $0 (08-19-2014 - MI)

Sea River Properties, LLC v. Loren E. Parks

Plaintiff Sea River and defendant Parks own adjoining
parcels of land on the central Oregon coast near Nedonna
Beach just south of the Nehalem River. Between the 1920s
and the 1990s, after the United States government built two
jetties to contain the Nehalem River, the ocean and wind
deposited sand and silt onto the upland, creating approximately
40 acres of land west of th... More...
   $0 (08-18-2014 - )

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... More...
   $0 (08-12-2014 - CA)

United States of America v. David Brown; Dr. William Campbell

In this False Claims Act (“FCA”) qui tam suit, relators Drs. Dakshesh Parikh, Harish Chandna, and Ajay Gaalla (collectively, the “Relators”) sued Citizens Medical Center (“CMC”), David Brown (“Brown”), and Dr. William Campbell, Jr. (“Campbell”). Brown and Campbell (collectively, “Appellants”) moved to dismiss the complaint based upon qualified immunity, and the district cou... More...   $0 (08-11-2014 - TX)

J.M. v. G.H.

J.M. appeals from a judgment on reserved issues granting joint physical custody of his son Joey to J.M. and G.H., Joey’s mother, and allowing her to take Joey with her to live in Israel during the school year. Finding no abuse of discretion, we affirm.
BACKGROUND
We use the parties’ first names to simplify and humanize our opinion in this intensely contested custody case. (In re Marria... More...
   $0 (08-06-2014 - CA)

Darrell Bruess and Traci Bruess v. Residential Credit Solutions, Inc.

When Darrell and Traci Bruess fell behind on their mortgage payments, Residential Credit Solutions, Inc. initiated foreclosure proceedings against them. The Bruesses sued RCS, thereby halting the foreclosure. The parties attended mediation, which ended with the attorneys for both sides signing a mediated
2
settlement agreement. Over one year later, the trial court entered a final judgment ... More...
   $0 (08-05-2014 - TX)

United States of America v. Carey Gonyer

In 2010, Carey Gonyer began
sexually abusing a fifteen-year-old boy, “TT”, who worked alongside
him at a dairy farm. The following year, at Gonyer’s urging, TT–-
who had, in the interim, turned sixteen--took photographs of his
own genitals and gave the pictures to Gonyer. Based on these
photographs, Gonyer was charged with three counts of sexual
exploitation of a ch... More...
   $0 (08-04-2014 - ME)

The Estate of B.I.C. v. Linda Gillen

Brooklyn Coons (called “Brook” by her estate) died from being shaken and possibly struck on the head while in the care of her father’s girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook’s vulnerability to danger. T... More...   $0 (07-31-2014 - KS)

Kimberley Louise Shano v. The State of Texas

A jury found appellant, Kimberly Shano, guilty of intoxication manslaughter,2 two separate offenses of accident involving personal injury or death,3 and aggravated assault with a deadly weapon.4 The jury assessed her punishment at confinement for twenty years for intoxication manslaughter, ten years for each offense of accident involving personal injury or death, and fifteen years for aggravated a... More...   $0 (07-31-2014 - TX)

Timothy B. Bostic v. George E. Schaefer, II

Via various state statutes and a state constitutional amendment, Virginia prevents same-sex couples from marrying and refuses to recognize same-sex marriages performed elsewhere. Two same-sex couples filed suit to challenge the constitutionality of these laws, alleging that they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court granted the couples... More...   $0 (07-28-2014 - VA)

The State of Florida v. Manuel Ojeda

These consolidated cases are back before the Court on the State’s motion for
rehearing in Case No. 3D08-1079 (lower tribunal number 07-10526A). By opinion
filed May 1, 2013, we granted the State of Florida’s motion for rehearing in Case
No. 3D08-1077 (lower tribunal number 05-37152) and denied the State’s motion
for rehearing in Case No. 3D08-1079 (lower tribunal number 07-10... More...
   $0 (07-23-2014 - FL)

Cindy Lee Garcia v. Google, Inc.

While answering a casting call for a low-budget amateur
film doesn’t often lead to stardom, it also rarely turns an
aspiring actress into the subject of a fatwa. But that’s exactly
what happened to Cindy Lee Garcia when she agreed to act
in a film with the working title “Desert Warrior.”
The film’s writer and producer, Mark Basseley
Youssef—who also goes by the ... More...
   $0 (07-11-2014 - CA)

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, Norma Z. Benavides v. Guillermo Benavides Z., Individually and Derivatively on behalf of GBG Ranch LTD

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, and Norma Z. Benavides appeal the trial court’s order granting a temporary injunction. Because the applicant, Guillermo Benavides, Z., did not show that he would suffer irreparable harm or that any judgment he obtained would be rendered ineffectual in the absence of a temporary injunction, we hold the trial court abused its discretio... More...   $0 (07-09-2014 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher