Trespass Law
 
Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Wal

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United States of America v. Manuel Antonio Rosales-Miranda

Defendant-Appellant Manuel Rosales-Miranda was convicted of illegal
reentry after being deported, in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2).
The district court applied a sixteen-level enhancement to Mr. Rosales-Miranda’s
offense level pursuant to § 2L1.2(b)(1)(A)(ii) of the U.S. Sentencing Guidelines
(“U.S.S.G.” or “the Guidelines”),

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In the Matter of the Discipline of JERE B. RENEER

¶1 Attorney Jere Reneer appeals the decision of the Utah Supreme Court’s Ethics and Discipline Committee (discipline committee) to privately admonish him for violating rules 1.8(f) and 8.4(a) of the Utah Rules of Professional Conduct. We hold that the Office of Professional Conduct (OPC) did not produce substantial evidence that Mr. Reneer violated rule 1.8(f) by failing to obtain the in

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Jesus Rodriguez Sandoval v. Las Vegas Metropolitan Police Department

This appeal arises out of the events of October 24, 2009, when the Las Vegas police, on the lookout for two white males, mistook a teenaged boy and his friends, all Hispanic, for intruders in the boy’s own home. In the course of the afternoon, police pointed guns at the boys, entered the home without a warrant, handcuffed and detained the boys and others, and shot and killed the family dog.

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Eleanor McCullen v. Coakley, Attorney General of Massachusetts

Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinicswhere abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any “reproductiv

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Mid-Continent Casualty Co. v. Circle S. Feed Store

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solu

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The People v. Julio Davis

In 2000, a jury convicted Julio Davis of first degree burglary (Pen. Code, § 459) and also found that he had four prior first degree felony burglary convictions. The trial court imposed a sentence of 25 years to life in prison. In April 2003, this court affirmed the judgment against Davis who is currently serving his sentence. (See People v. Davis (Apr. 2, 2003, A094645) [nonpub. opn.] (Davis I

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Jason Barnett v. Charles Michael Havard Jr.

Appellant Jason Barnett appeals the trial court’s judgment in favor of appellee Charles Michael Havard Jr., which declared the scope of an easement and the respective rights of Barnett as owner of the servient estate and Havard as owner of the dominant estate. Barnett challenges the trial court’s interpretation of the express easement and the trial court’s dismissal of his tre

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Joseph R. Erlach v. Sierra Asset Servicing, LLC

John Erlach (appellant) appeals from a judgment of dismissal of his complaint against Sierra Asset Servicing LLC (Sierra) entered after the trial court sustained Sierra's demurrer without leave to amend. Appellant contends that it was error for the trial court to determine that his residential lease was void and that he was a squatter with no legal rights because a code enforcement notice (red tag

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Quadeuy Flowers v. The State of Texas

Dusty Duckett, the girlfriend of Quadreuy Flowers, was in bed with Darius Carter when a man entered the bedroom and fatally shot Carter. Flowers was convicted of Carter’s murder. We affirm Flowers’ conviction. On the night of the shooting, although the only light in the bedroom was cast by the glow of the television set, Duckett identified Flowers as the murderer. At trial, Duckett t

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Bridgett Henties v. James Schweppe, Administrator for the Estate of Michael L. Henties, Deceased, and Trustee of the Michael L. Henties Estate Trust

The disputed issue in this appeal is the ownership of a piece of real property (the Property) located in Comal County, Texas. After James Schweppe, as administrator of the Estate of Michael L. Henties and as trustee of the Michael L. Henties Estate Trust (the Estate), filed a notice of lis pendens giving notice of a potential dispute over ownership of the Property, Bridgett Henties filed suit in d

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Weldon Johnson, Jr. v. Jennry Elliott McDaniel

This is an appeal of a judgment entered following a jury trial in a trespass to try title action concerning approximately 234.2 acres of real property located adjacent to the Red River in Hardeman County, Texas. Appellant, Weldon Johnson, Jr., claimed title to the disputed property by adverse possession and by virtue of common law principles pertaining to accretion of riparian properties. Appellee

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Larry C. Cabelka v. Kelly Eugene Schmaltz, Eric Schmaltz and Kyle Schmaltz

Appellant Larry C. Cabelka appeals from the trial court’s judgment ordering that Appellee Kelly Eugene Schmaltz2 recover from Cabelka damages of $2,000

1See Tex. R. App. P. 47.4.

2Schmaltz did not file a brief in this case, and neither did Eric Schmaltz or Kyle Schmaltz. Eric and Kyle are Kelly’s sons. They did not appear at trial, and no judgment was rendered again

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Gary Ridge v. State of Florida

Appellant challenges the judgment and sentence entered after a jury found him guilty of armed trespass, resisting an officer without violence, and loitering or prowling.

He contends the lower court erred in refusing to instruct the jury on his defense of involuntary intoxication. The State properly concedes that Appellant was entitled to an instruction on involuntary intoxication, and it do

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Faygie Denniser v. Columbia Hospital Corporation of South Florida d/b/a Westside Medical Center

The appellant/plaintiff, Faygie Denniser, appeals the final summary judgment entered in favor of Columbia Hospital Corporation of South Broward (Columbia) after a slip and fall on a wet floor. The appellant raises two issues on appeal. First, she alleges that the trial court erred in finding her status as an uninvited licensee or trespasser was uncontested. Second, she argues that there was a genu

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W&W El Camino Real, LLC v. Victoria Fowler, as Trustee, etc.

Plaintiff and appellant W&W El Camino Real, LLC (W&W) sued its upslope neighbor, defendant and respondent Victoria Fowler, trustee of the Fowler Revocable Living Trust (Fowler), for property damages after a January 2010 severe rainstorm flooded the property currently owned by W&W with water, mud and debris over the course of several

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hours, and which W&W contends originated from Fow

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James J. Naples v. M. Mark Lesher and wife, Rhonda Long Lesher

The alliance of James J. Naples, M. Mark Lesher, and Ramchandra Gurav soured when Naples accused Lesher of selling the timber on their jointly-owned property and also of keeping more than his share of the proceeds generated from the property’s mineral income. Consequently, Naples sued Lesher for damages.

Lesher filed motions for summary judgment as to all of Naples’ and Gura

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Bruce G. Gaylor and Martha Baker Smith v. Ola Mae Baker Stiver and David Witcher Stiver

Bruce Gaylor and Martha Baker Smith appeal from a judgment rendered against them that denied their claims against Ola Mae and David Stiver for an easement by estoppel, trespass, declaratory judgment, and injunctive relief, and that granted a declaratory judgment in favor of the Stivers. Gaylor and Smith complain that the trial court erred by: (1) finding that there was not an easement by estoppel,

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Paul Thoryk v. San Diego Gas & Electric Company

This intervention action arises out of a former debtor-creditor relationship concerning real property that was damaged by the San Diego County wildfires of 2007. The main action is a master complaint by damaged property owners, including a defaulting borrower, plaintiff, defendant-in-intervention and appellant Paul Thoryk (Appellant), who owned the property at the time of the fires. A year later,

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Mai Thi Tran v. Andy Luu

In four issues, appellant, Mai Thi Tran, challenges the trial court’s granting of summary judgments in favor of appellee, Andy Luu, and the trial court’s denial of her motion for new trial. We affirm.

I. BACKGROUND

On or about April 18, 2006, Luu sold to Tran approximately 47.98 acres of land situated in Robertson County, Texas for $143,940.1 The transaction was finaliz

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Marta Carrejo Martinez v. Janet D. Mangrum

In this interlocutory appeal from a temporary injunction, Appellant Marta Carrejo Martinez claims the trial court abused its discretion by excluding her from real property located at 2109 Flemming Drive, Fort Worth, Texas, (the Property) and by enjoining her from coming within 300 feet of the Property. We affirm the trial court’s temporary injunction.

1See Tex. R. App. P. 47.4.

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Bradley Blommaert, Teresa Blommaert and Mike Blommaert v. Borger Country Club, Jeff Griffin, Mark Mitchell, Roberta Sewell, Robert Archer, James Baker, William Benda, Shad Goldston, Kent Gray, Randy Gray, Danny Haynes, Matt Hood & Dwight Rice

Appellants, Bradley Blommaert, Terese Blommaert (collectively, “the Blommaerts”), and Mike Blommaert, appeal a take-nothing judgment entered against them as to their claims against appellees, Borger Country Club (the Club), and Jeff Griffin, Mark Mitchell, Roberta Sewell, Robert Archer, James Baker, William Benda,

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Shad Goldston, Kent Gray, Randy Gray, Danny Haynes, Matt

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Raul Flores, Inc. v. Adrain D. Rodriguez and L&F Distributors, L.L.C.

In this commercial property damage case, appellant Raul Flores, Inc. (“Flores”), sued appellees Adrian D. Rodriguez and L&F Distributors, L.L.C. (“L&F”). After trial, the trial court directed a verdict in favor of appellees on certain claims, and the jury found in favor of Flores on the remaining claims. Flores raises five issues on appeal, contending

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that t

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The City of El Paso v. Guadalupe Ramirez, Norma Ramirez, Ramirez Pecan Farms, LLC, William H. Boutwell, Jackie Boutwell, Raul Zamorano, Jr., Amy K. Zamorano, George Wynn, Patricia Wynn, Larry R. Webb, Maria L. Webb, James R. Raley, Yariela G. Raley, Russell T. Sturgeon, et al.

Appellant, the City of El Paso (“the City”), brings this accelerated interlocutory appeal following the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

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Jerry Westcott v. Roger Malli

Roger Malli appeals the district court’s finding that Jerry Westcott and Darlene Westcott are the legal title holders to 2.9 acres of disputed land. Malli argues the Westcotts failed to prove by clear and convincing evidence they adversely possessed the property, and consequently, the district court erred in dismissing Malli’s counterclaims of trespass and conversion. Malli further a

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