| MCI Express, Inc., et al. v. Ford Motor Co. and Ford Motor Credit Co. |
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MCI, a company in the long-haul trucking business, leased forty-six Aeromax A-95 trucks from Ford. The trucks consistently suffered from driveline and vibration problems. MCI reported driveline failures in twenty-one of their trucks, as well as other problems allegedly caused by the vibrations (such as cracks in the windshields, tire wear, etc.). MCI sued Ford and Ford Credit for breach of e... More... $0 (10-01-2002 - FL) |
| Donna K. Feldman, Administratrix of the Estate of Jeffrey Feldman, et al. v. Keithkalani Sebastian, et al. |
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The sole issue in this appeal is whether the trial court improperly denied the application of the named plaintiff, Donna K. Feldmann (plaintiff),1 for a prejudgment remedy and the appointment of a receiver to collect certain tribal incentive payments furnished to the defendants, Keithkalani Sebastian and Juanita Graham, as members of the Mashantucket Pequot Tribal Nation (tribe). On appeal,... More... $0 (09-30-2002 - CT) |
| Chrysler Financial Company, L.L.C. v. William E. Flynn, Jr., et ux. |
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Chrysler Financial Company, L.L.C. ("CFC") appeals from a judgment entered in accordance with verdicts reached following jury trial in favor of William E. Flynn, Jr. ("Bill") on CFC's petition for replevin and Bill's counterclaim counts for trespass, conversion, and breach of contract, and in favor of Bill's wife, Grace A. Flynn ("Grace"), on her counterclaim count for negligent infliction of emot... More... $0 (09-27-2002 - MO) |
| Edward Bontkowski v. Brian Smith, et al. |
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This is a suit that is going no-where; but the district court, by granting a motion to dis-miss under Fed. R. Civ. P. 12(b)(6), buried it prematurely because a few faint signs of life remained. A frequent filer (see Bontkowski v. United States, 28 F.3d 36 (7th Cir. 1994); Bontkowski v. First National Bank of Cicero, 998 F.2d 459 (7th Cir. 1993); Bontkowski v. Jenkins, 661 F. Supp. 576 (N.D. ... More... $0 (09-26-2002 - IL) |
| Eric R. Brown, et al. v. Millard County, Utah, et al. |
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In December 1996, Joe Penney and his wife Sandy entered into an oral agreement to sell a home located at 145 South Main, Kenosh, Utah (the "property"), to plaintiffs Eric and Laurie Brown.(1) This agreement was later memorialized in a short written contract, on or about February 1, 1997. The Browns began living in the property in January 1997. The parties set a tentative closing date, which... More... $0 (09-23-2002 - UT) |
| Regency Savings Bank v. Chavis |
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This appeal arose from an action brought by plaintiff, Regency Savings Bank, to foreclose its mortgage on the residence of defendants, Sigmund J. Chavis and Harriet Chavis. The trial court found that defendants were entitled to rescind the note and mortgage because they were not provided with proper documentation regarding their rescission rights pursuant to section 1635 of the Truth in Lending Ac... More... $0 (09-20-2002 - IL) |
| Kurt Dixon, et al. v. Mike Lowery, et al. |
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Mike Lowery and Tim Calhoun (appellants) appeal from the district court's denial of their motion for summary judgment. They argue that they are entitled to qualified immunity from suit by Kurt Dixon and the Big Mamou, Inc. (collectively referred to as "Dixon") because they did not violate a clearly established constitutional right when they helped a private party acquire possession of the Big ... More... $0 (08-16-2002 - AR) |
| Green Tree Financial Servicing Corporation v. Randy Sutton and Rita Sutton |
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In this replevin action, Randy Sutton and Rita Sutton appeal the decision in favor of appellee Green Tree Financial Servicing Corporation, now known as Conseco Finance Servicing Corporation (Green Tree). Green Tree sought possession of a manufactured home situated on real estate purchased by the Suttons. The Suttons were not debtors, but were in possession of the manufactured home at the time the ... More... $0 (08-09-2002 - NE) |
| ATC Partnership v. Town of Windham, et al. |
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The plaintiff, ATC Partnership, appeals from the judgment of the trial court in favor of the defendants1 in an action of replevin to regain possession of certain machinery and equipment. The plaintiff claims that the court improperly (1) concluded that the plaintiff's property was not wrongfully detained because the defendant town of Windham (town) seized that property pursuant to an alias ... More... $0 (08-03-2002 - CT) |
| 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. |
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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 ... More... $0 (07-18-2002 - CO) |
| Stephen A. Songer and Country Concrete, Inc. v. Civitas Bank f/k/a Citizens Bank of Western Indiana |
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Recent practice and case law has inclined toward denying a request for trial by jury whenever a complaint joins claims in law and equity on the theory that any claim in equity "draws the whole lawsuit into equity." We think this narrows the right to trial by jury as guaranteed by the Indiana Constitution. Facts and Procedural History Appellant Stephen A. Songer is chairman of the b... More... $0 (07-02-2002 - IN) |
| Michael A. Albinger v. Michelle L. Harris |
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1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a... More... $0 (06-02-2002 - MT) |
| American National General Insurance Company v. Paul Gerald Solum, et al. |
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On January 31, 1997 appellant Paul Solum was driving an uninsured pickup truck when a collision occurred with a vehicle driven by Adam Kraus. David Stoen, a passenger in the Kraus vehicle, was injured and brought suit against Paul Solum and Kraus. American National General Insurance Company (American) insured other vehicles owned by Paul Solum and he sought general liability coverage from Americ... More... $0 (04-18-2002 - MN) |
| Audio Odyssey v. Brenton First National Bank |
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Audio Odyssey and its owners brought a variety of claims under 42 U.S.C. § 1983 and state law against Brenton First National Bank, the Bank’s attorney and law firm, the Bank’s bonding company, various Scott County officials, and a loan officer of the Small Business Administration (SBA). The claims sought redress for the defendants’ mishandled execution of an ex parte writ of ... More... $0 (04-10-2002 - IA) |
| Emmett S. Muldoon v. C.J. Muldoon & Sons, et al. |
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Emmett S. Muldoon appeals from the district court's dismissal of his action for benefits under section 510 of the Employees Retirement Income Security Act (ERISA), 29 U.S.C. § 1140, as time-barred (No. 01-1516) and from the district court's denial of his subsequent motion to amend the judgment (No. 01-1845). The two appeals have previously been consolidated by order of this court. Because Cong... More... $0 (01-28-2002 - MA) |
| Adams v. Greg Weeks, Inc. |
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Defendant General Motors Acceptance Corp. (GMAC) appeals from an order of the circuit court of Williamson County entering a judgment in favor of Wilma Adams (plaintiff). On appeal, GMAC raises issues as to (1) whether plaintiff ratified a retail installment contract held by GMAC and (2) whether the trial court erred in denying GMAC's request for a replevin. FACTS The facts of this ... More... $0 (01-25-2002 - IL) |
| Ilkka Jalaskari v. Bank of Nova Scotia |
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UnknownIlkka Jalaskari appeals a final summary judgment finding he was not entitled to damages for the wrongful replevin of his vessel by The Bank of Nova Scotia (Bank). We reverse. This case is a replevin action that has an unusual history. The Bank originally filed suit in Canada and obtained an Ontario judgment. However, Jalaskari had moved his family and the vessel on which they lived ... More... $0 (01-11-2002 - FL) |
| Robbie Stevens d/b/a Grandpa's Place v. Bankamerica Housing Services |
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1 This appeal concerns a dispute between the owner of a mobile home park and a secured creditor. Their dispute is over the disposition of a mobile home that was "abandoned" at the mobile home park. 2 The owner of the mobile home park contended that she had a storage lien pursuant to 42 O.S. Supp. 2000 § 91 for unpaid lot rent. The owner of the mobile home park conducted a sale of the mobile ho... More... $0 (01-11-2002 - OK) |
| Chrysler Financial Co. v. Falter |
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Suzanne Falter appeals from the order of Judge Thomas Sazama denying her request for attorney fees under the Wisconsin Consumer Act (WCA) and the order of Judge Richard Stafford denying her motion for reconsideration. The sole issue on appeal is whether Falter obtained a significant benefit entitling her to attorney fees when she successfully required Chrysler Financial Company to amend its small ... More... $0 (01-08-2002 - WI) |
| Rick Kenyon d/b/a The First Resort v. Claude Abel |
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This dispute concerns the ownership of a painting by the noted Western artist Bill Gollings. Rick Kenyon (Kenyon) purchased the painting, valued between $8,000 and $15,000, for $25 at a Salvation Army thrift store. Claude Abel (Abel) filed suit against Kenyon seeking return of the painting, which had belonged to his late aunt. Abel claimed that the Salvation Army mistakenly took the painting fro... More... $0 (12-28-2001 - WY) |
| Jose L. Madrid a/k/a Joe L. Madrid v. Medardo Marquez |
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{1} Based on certain oral representations, Jose Madrid and his wife Celia, now deceased, transferred the title to their home to Medardo Marquez. When Marquez attempted to evict the Madrids from their home, the Madrids filed suit against Marquez and others alleging fraud, breach of contract, outrage, and prima facie tort, and requested recission and equitable reformation. After a bench trial, t... More... $0 (09-19-2001 - NM) |
| Paul Suttofn v. Mike Snider and Marble Pierce Enterprises, L.L.C. d/b/a Super Bikes |
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1 Plaintiff/Appellant Paul Sutton appeals from summary judgment entered in favor of Defendant/Appellee Mike Snider in Sutton's action to replevin a motorcycle. The trial court also granted a summary declaratory judgment that Snider is the legal owner of the motorcycle. Because we find no substantial controversy of material fact, and that Snider was entitled to judgment as a matter of law, we affir... More... $0 (08-24-2001 - OK) |
| Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
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When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Cana... More... $0 (07-30-2001 - MO) |
| Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
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When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca... More... $0 (07-30-2001 - MO) |
| Clearly Canadian Beverage Corp. v. American Winery, Inc., et al. |
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When one company’s fortunes take a turn for the worse, entities with whom it contracts are often adversely affected. However, the degree to which an entity is adversely affected will usually depend upon the contractual safeguards bargained for and secured by the entity. Following a precipitous decline in demand for its product, Clearly Canadian Beverage Corporation (“Clearly Ca... More... $0 (07-30-2001 - MO) |
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