Replevin Law
 
Sharon P. Talbot v. Margaret A. Rosenbaum

Sharon Talbot, the defendant below, appeals several orders of the trial court, including a default and default final judgment awarding damages to the plaintiff, Margaret Rosenbaum. Talbot raises three issues on appeal, one of which we determine merits discussion. Talbot contends that the damages alleged in Rosenbaum’s complaint were unliquidated therefore requiring a hearing to determine the pro

More...   $0 (07-23-2014 - FL)

Nadine Peterson v. Ronald E. Lundin

Ronald E. Lundin filed a complaint against Nadine and William Peterson, claiming in part that he was entitled to possession of a dog (Krystal the Bedlington Terrier) as well as her offspring and that the Petersons were in wrongful possession of them. The circuit court entered partial summary judgment in favor of Lundin on his
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replevin claim and ordered the Petersons to give Lundin po

More...   $0 (07-18-2014 - FL)

Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells

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Blue Sky Telluride, LLC v. Intercontinental Jet Service Corp.

¶1 Defendant/Appellant Intercontinental Jet Service Corp. ("IJS") seeks review of an order granting summary judgment in favor of Third-Party Defendant/Appellee Harley Davidson Credit Corp. ("Harley Davidson"). IJS also appeals the trial court's order denying its motion for new trial/reconsideration.

¶2 Plaintiff/Appellee Blue Sky Telluride, L.L.C. ("Blue Sky") brought a replevin action al

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John Gieseke v. IDCA, Inc.

The primary question before us is whether Minnesota should formally recognize a cause of action for tortious interference with prospective economic advantage. John Gieseke, on behalf of Diversified Water Diversion, Inc. (Diversified), brought an action against appellants IDCA, Inc., et al. (IDCA), asserting, among other claims, tortious interference with Diversified’s prospective economic advant

More...   $0 (03-26-2014 - MN)

Joan Rice v. Mary Rabb

2 This case requires us to decide whether the six-year statute of limitations
3 applicable to conversion and replevin claims under ORS 12.080(4) incorporates a
4 discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The
5 Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to
6 run at the time of the wrongful taking of personal

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Peter Brownstein v. Tina Lindsay

This case concerns Appellant Peter Brownstein’s claim under the Copyright Act seeking a declaratory judgment of joint authorship of an ethnic identification system that he created with Appellee Tina Lindsay, the Lindsay Cultural Identification Determinate (“LCID”). Lindsay purports to have conveyed the copyrights to the LCID to Appellee Ethnic Technologies (“E-Tech”). The contested work

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Tammy Lynn Robyack v. Andrew J. Larkin

A dispute over a diamond ring brings this case to our court. A former fiancé appeals a summary judgment requiring her to return a diamond ring. She argues that genuine issues of material fact prevented the trial court from entering a summary judgment as a matter of law. We agree and reverse.

Tammy met Andrew in November 2005. She resigned from her parttime job at Andrew’s request to spen

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BRUSH CREEK AIRPORT, L.L.C., a Colorado limited liability company, and Richard A. Landy, Plaintiffs-Appellees and Cross-Appellants, v. AVION PARK, L.L.C., a Colorado limited liability company, and Carlo Cesa, Defendants-Appellants and Cross-Appellees.

In this action involving the parties' respective rights in an airport runway, terminal, and hangar, defendants, Avion Park, L.L.C. and Carlo Cesa (collectively, Avion Park), appeal from the trial court's judgment on various claims and counterclaims involving plaintiffs, Brush Creek Airport, L.L.C. and Richard A. Landy (collectively, Brush Creek). Brush Creek cross-appeals the trial court's award

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University of Texas v. Ryan O'Neal

The University of Texas sued Actor Ryan O'Neal on a replevin theory seeking to recover an Andy Warhol portrait Farah Fawcett who died on June 25, 2009. The University claimed that Fawcett's will provided that the portrait go to the University.

O'Neal claimed that Fawcett gave him the photograph.

O'Neal and Fawcett had a long term relationship.

More...   $0 (12-19-2013 - CA)

Terex Financial Services, Inc. v. Builders Steel Co., Inc.

Terex Financial Services, Inc. sued Builders Steel Co., Inc., Noble Steel, Inc., Brent Parsons, Lauri Parsons, First United Bank and Trust Company, First Pryority Bank, US Bancorp Business Equipment Finance Group, and Suretec Insurance Company on breach of contract theories claiming:

1. Terex Financial is a Delaware corporation with its principal place of business in Connecticut.

More...   $220000 (09-30-2013 - OK)

Shaw Properties, LLC v. John Barton

Shaw Properties, LLC sued John Barton on breach of contract, replevin, breach of quite enjoyment, failure to maintain, conversion, unjust enrichment and loss of use theories.

Defendant appeared and answered and counterclaimed.

More...   $1 (10-17-2013 - OK)

Terex Financial Services, Inc. v. Builders Steel Co., Inc.

1. Terex Financial is a Delaware corporation with its principal place of business in Connecticut.

2. Builders Steel Co., Inc. is an Oklahoma corporation with its principal place of business in Tulsa, Oklahoma.

3. Noble Steel, Inc. is an Oklahoma corporation with its principal place of business in Tulsa, Oklahoma.

4. Brent Parsons is an individual with his residence in Tulsa, O

More...   $1 (10-01-2013 - OK)

Global Xtreme, Inc. v. Advanced Aircraft Center, Inc.

Global Xtreme, Inc. (“Global”) appeals from an order awarding attorney’s fees to Advanced Aircraft Center, Inc. (“Advanced”) pursuant to sections 57.105 and 713.29, Florida Statutes (2010). For the following reasons, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Global entered into an oral contract with Advanced, the operator of an aircraft storage and repair center, to rep

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Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

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Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg

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Karen Mears v. Amanda Lamb

In petitioner’s action seeking replevin of property, the county court issued a Replevin Order to Show Cause, directing defendant to show cause why the property should not be delivered to petitioner “pending final adjudication of the claims of the parties” under section 78.067(2), Florida Statutes (1979). After the

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hearing, the county court issued a Final Judgment Denying Repl

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Heritage Pacific Financial, LLC v. Maribel Monroy

Maribel Monroy executed two promissory notes with WMC Mortgage Corp. (WMC) when purchasing a home in Richmond, California in 2006 (the Richmond property). After a foreclosure on the senior deed of trust, Heritage Pacific Financial, LLC (Heritage) acquired Monroy‘s second promissory note from WMC. Heritage sent Monroy a letter attached to a complaint and summons advising her that Heritage had fil

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Roman Pino v. The Bank of New York

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr

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BOKF, N.D. d/b/a Bank of Oklahoma v. Oxymagic Franchise Development Corp.

BOKF, N.D. d/b/a Bank of Oklahoma sued Oxymagic Franchise Development Corp., David Iseley aka David Allen Iseley on breach of contract theory claiming:

1. The Plaintiff, BOKF, is a banking corporation licensed to conduct business inthe State of Oklahoma

2 Defendant, OxyMagic Franchise Development, Corp (hereinafter known as “OxyMagic”), is an Oklahoma corporation with its pri

More...   $26223 (02-18-2013 - OK)

John Gieseke v. IDCA, Inc.

A claim of tortious interference with prospective advantage—also referred to as tortious interference with prospective economic advantage, tortious interference with business expectancy, wrongful interference with business relations or relationships, tortious interference with prospective contractual relations or relationships, and wrongful interference with prospective contractual relations or

More...   $0 (01-16-2013 - MN)

B.E.L.T., Inc. v. A.C.G., Inc. d/b/a Tan & Tone America

COMES NOW the Plaintiff and for its causes of action against the Defendants, alleges and states: 1. Plaintiff (hereinafter ‘Belt) is a Kansas corporation in good standing with its principal place of business in Wichita, Kansas.

2. Defendant A.C.G. Inc. (hereinafter ACG) is an Oklahoma corporation with its principal place of business in Oklahoma County, Oklahoma. Defendants Edward Shelby a

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State of Oklahoma, ex rel. Oklahoma Bar Association v. Michelle Renee Rowe

¶1 On April 26, 2012, the Oklahoma Bar Association (OBA) filed a formal complaint against Michelle Renee Rowe (Respondent), OBA No. 20106, pursuant to Rule 6 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2011, Ch. 1, App. 1-A, setting forth eight (8) counts of professional misconduct in violation of Rules 1.1, 1.3, 1.4, 1.5, 1.15, 1.16(d), 3.4(c), 8.1(b) and 8.4(a)and (c) of the

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FH Partners, LLC v. Complete Home Concepts, Inc.

This case involves a dispute over the right to collect two commercial loans issued by a bank which failed and became subject to the control of the Federal Deposit Insurance Corporation ("FDIC"). FH Partners, LLC ("FH Partners") claims it has the right to collect both loans. FH Partners appeals from the trial court's grant of summary judgment in favor of Complete Home Concepts, Inc. ("CHC"), the bo

More...   $0 (09-18-2012 - MO)

Barry S. Halajian v. D & B Towning

Plaintiff Barry Halajian sued a towing company for (1) wrongfully withholding his personal property, a 1998 Dodge light truck, for 38 days and (2) requiring him to pay $1,385 before releasing the truck. The towing company filed a demurrer, arguing that the pickup truck had been lawfully impounded by the sheriff‟s department and lawfully towed and stored. The towing company also argued that, unde

More...   $0 (09-04-2012 - CA)

Landmark Investment Group, LLC v. Chung Family Realty Partnership, LLC

The defendant, Chung Family Realty Partnership, LLC, appeals from the trial court’s order granting the application for a prejudgment remedy filed by the plaintiff, Landmark Investment Group, LLC. On appeal, the defendant claims that (1) the doctrine of res judicata prevents the plaintiff from relitigating issues that have been or could have been litigated in the first litigation; and (2) the cou

More...   $0 (08-28-2012 - CT)

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AK Morlan
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