Warranty Law
 
Raymond A. Schep v. Capital One, N.A.

Are a trustee’s acts in recording a notice of default, a notice
of sale, and a trustee’s deed upon sale in the course of a
nonjudicial foreclosure privileged under Civil Code section 47?1
We conclude that they are and that a plaintiff does not state a
cause of action for slander of title based on the recording of those
documents. Accordingly, we affirm the trial court’s orderMore...
   $0 (06-27-2017 - CA)

United States of America v. Bruce Kevin Hawkins

Dallas, TX - Desoto Man Pleads Guilty For His Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Bruce Kevin Hawkins, 52, of Desoto, Texas, appeared in federal court on June 20, 2017 before U.S. Magistrate Judge Renee Harris Toliver and pleaded guilty to one count of mail fraud, announced U.S. Attorney John Parker of the Northern District of Texa... More...
   $0 (06-26-2017 - TX)

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora... More...
   $0 (06-23-2017 - tx)

Whataburger, Inc., ET AL. v. Whataburger of Alice, LTD.

The underlying dispute arises out of a 1993 settlement agreement between Appellee Whataburger of Alice, Ltd. (“WOA”), and Appellants Whataburger, Inc.; CA Development LLC; CA Real Estate LLC; Cinco Aguilas LLC; Tres Aguilas Enterprises LLC; Tres Aguilas Management LLC; Whataburger International LLC; Whataburger Real Estate LLC; Whataburger Restaurants LLC; Whataburger Ventures, LLC; Whataburger Su... More...   $0 (06-23-2017 - )

RDJRLW, Inc. v. Bobby Elbert Miller, Jr. d/b/a Miller Construction; and Guy Dankel and Janet Dankel

After homeowners Guy and Janet Dankel sued Bobby Elbert Miller, Jr.
d/b/a Miller Construction for using defective concrete in constructing a driveway
and concrete slab on their property, Miller Construction filed a third-party action
1See Tex. R. App. P. 47.4.
2
against the concrete manufacturer, Appellant RDJRLW, Inc. (RDJ), for statutory
indemnity under chapter 82 of the ... More...
   $0 (06-17-2017 - tx)

Theodore Laymon v. J. Rockcliff, Inc. and George Hernandez v. Mason-McDuffie Real Estate, Inc.

The plaintiffs in these consolidated appeals filed suit against the brokers who
represented them in the sale of their homes and a group of companies that provided
services in connection with those sales. Plaintiffs contend defendants violated their
fiduciary duties by failing to disclose alleged kickbacks paid by the service providers to
the brokers in connection with the sales.More...
   $0 (06-10-2017 - CA)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
2
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

Gary Spivey, Owner of America's Choice Roofing and AmChoice, LLC dba America's Choice Roofing v. Joann Goodwin

In four issues, appellants, Gary Spivey, owner of America’s Choice Roofing, and AmChoice, LLC, challenge the trial court’s judgment. Specifically, appellants contend that the trial court erred by: (1) failing to award judgment for appellants under a written contract with appellee, Jo Ann Goodwin; (2) granting relief on a theory of breach of implied warranty that was not pleaded or supported; (3) f... More...   $0 (06-08-2017 - TX)

United States of America v. Christina Renee Caveny Northern District of Texas Federal Courthouse - Dallas, Texas

Dallas, TX - Dallas Woman Pleads Guilty For Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing Foreclosure

Christina Renee Caveny, 37, of Dallas, appeared in federal court U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud.

Caveny faces a maximum statutory penalty of five years in feder... More...
   $0 (06-06-2017 - TX)

Ira D. Willett, Jr. v. Maria Rodriguez

Ira D. Willett, Jr., acting pro se at this juncture,1 appeals from a final divorce decree
from the district court that ended his common-law marriage to Maria Rodriguez. In two issues,
Willett asserts that the district court erred or abused its discretion by (1) mischaracterizing certain
real property as community property rather than as his separate property, and (2) failing to reimbur... More...
   $0 (06-02-2017 - tX)

Michael Henderson v. CC-Parque View, LLC d/b/a Parque View Apartments, Asset Plus Corporation, Asset Plus Companies, LP, Asset Plus Realty Corporation, and Asset Plus USA, LLC

An independent-contractor security guard shot Michael Henderson with a rubber bullet during an early morning encounter in the parking lot of Henderson’s
2
apartment complex. Henderson sued his landlord, Parque View Apartments, its
management companies, and Ranger Guard and Investigations, the security
company that had contracted to provide security services at Parque View.
Hend... More...
   $0 (05-18-2017 - TX)

Gilad Lutfak and Oren Lutfak v. Jeff Gainsborough

Appellants Gilad and Oren Lutfak appeal from a judgment in favor of appellee Jeff Gainsborough. Gainsborough sued Gilad and Oren based on claims arising out of his purchase of a townhome. A jury found that Gilad, the seller, committed fraud, breached implied warranties, violated the Deceptive Trade Practices Act, and made
2
negligent misrepresentations. The jury also found that Oren conspi... More...
   $0 (05-18-2017 - TX)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

Ford Motor Company v. The Superior Court of Los Angeles County, Jose Luis Aguilar, Real Party in Interest

SUMMARY
Code of Civil Procedure section 404.1 governs the
conditions for coordination of civil actions.1 In February 2016, a
coordination motion judge found that a coordination proceeding
was appropriate for approximately 470 cases filed in nine
California counties. Six months later, the judge assigned as the
coordination trial judge for those cases, applying the same
s... More...
   $0 (05-08-2017 - )

Fox factory, Inc. v. The Superior Court of Santa Clara County, Peter Isherwood, Real Party in Interest

Petitioner Fox Factory, Inc., doing business as Fox Racing Shox (Fox), is the
defendant in an action for personal injuries brought in Santa Clara County by plaintiff
and real party in interest Peter Isherwood. Fox moved to dismiss or stay plaintiff’s
lawsuit under the doctrine of forum non conveniens, but the superior court denied the
motion, citing authority requiring California t... More...
   $0 (05-01-2017 - )

Joe Shields v. Ultimate Vacation Group, LLC d/b/a Royal Bahamas Cruise Line Harris County Courthouse - Houston, Texas

Appellee Ultimate Vacation Group LLC d/b/a Royal Bahamas Cruise Line
sued appellant Joe Shields for breach of a settlement agreement that resolved an
earlier lawsuit between the parties. Shields filed a motion to dismiss under the
Texas Citizens Participation Act, arguing that the lawsuit was related to a comment
2
he had filed with Federal Communications Commission. See TEX. C... More...
   $0 (04-23-2017 - )

Mary Hernandez v. Kroger Texas, L.P. Brazoria County Texas Courthouse

This is an appeal from a summary judgment disposing of all of the appellants’ claims against Kroger Texas, L.P. arising out of the sale of an allegedly defective cantaloupe. The appellants contend that the trial court erred by granting
2
summary judgment. They also argue that the trial court’s denial of their motion for continuance of the summary-judgment hearing denied them due process of... More...
   $0 (04-20-2017 - TX)

R.J. REYNOLDS TOBACCO COMPANY vs. PHIL J. MAROTTA, etc.

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou... More...
   $0 (04-08-2017 - FL)

Kevin Wethherilt v. Patrick H. Moore

¶1 This lawsuit arises from a crash landing on January 28, 2011,
during the flight of an experimental kit aircraft—a RANS S-6ES—from
Sedona to Buckeye, Arizona. The plane was piloted by Kevin Wetherilt,
who was the only person onboard the plane at the time of the crash, and
owned by Patten Harvey (collectively, “Plaintiffs”). The aircraft’s elevator
control bracket assembly app... More...
   $0 (04-06-2017 - AZ)

State of Tennessee v. Van Trent

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During a search of 1207 Imperial Drive in Kingsport, the police found four scarred pit bulls and a mult... More...
   $0 (03-31-2017 - TN)

Tamuno Ifiesimama and Tamunnoibuomi Ifiesimama v. Daniel A. Haile and Wongelawit K. Alemu

After their attempt to purchase a home was unsuccessful, appellees Daniel A. Haile and Wongelawit K. Alemu sued appellants Tamuno Ifiesimama (“Mr. Ifiesimama”) and Tamunnoibuomi Ifiesimama (“Mrs. Ifiesimama”), for specific
performance and breach of contract. The trial court held a bench trial and ultimately ruled in favor of Haile and Alemu, ordering that they recover costs, their earnest mone... More...
   $0 (03-30-2017 - TX)

George Gregory v. Connecticut Shotgun Manufacturing Company

George Gregory appeals from a judgment rendered against him and in favor of Connecticut Shotgun Manufacturing Company, Inc. (CSM). He presents four issues on appeal. We affirm.
BACKGROUND
Gregory is a competitive shotgun shooter. When the top and bottom ribs of his Winchester Model 21 became loose, he sent it to CSM for repairs. While CSM was working on the Model 21, Gregory contacted Lou ... More...
   $0 (03-11-2017 - )

My Three Sons, LTD., My Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel, M.D., P.A., and Christopher Riegel v. Midway/Parker Medical Center, L.P., Kinsman Ventures, LLC, Manhattan Construction Company, TD Industries, Inc., Southstar Fire Protection Company, CMA Management Company, and Midway Medical Center Owners Association, Inc.

Christopher Riegel and various entities affiliated with him––My Three Sons, Ltd., My
Three Sons Management, LLC, Prestonwood OB/GYN Associates, P.A., Christopher Riegel,
M.D., P.A.––appeal the trial court’s dismissal of their lawsuit against appellees for failing to
comply with an order compelling arbitration of the dispute. In five issues, appellants complain
the trial court erred... More...
   $0 (03-09-2017 - TX)

Annette Burrus v. David Reyes and Sonia Valenzuela

David Reyes and Sonia Valenzuela (“the Reyes Family”) thought they were buying a mobile home and a one-half acre lot from Annette Burris under an oral contract for deed. Burrus, on the other hand, contended the Reyes Family was only renting the property. After the Reyes Family had lived on the property for 17 years and had made numerous improvements to the property, Burrus sold the lot to a third ... More...   $0 (03-09-2017 - TX)

Roseanna Barrera v. Chererco, LLC

Rosanna Barrera, Jenesey Barrera, and Andrea Perez appeal the trial court’s judgment in favor of Chererco, LLC, contending the trial court erred by: (1) concluding their claims relating to the title to certain real property were barred by limitations; (2) concluding they failed to raise a fact issue on their adverse possession claim; and (3) entering a final judgment in the absence of an intereste... More...   $0 (03-09-2017 - TX)

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