Conversion Law
 
Jeramine Eitel v. John Horobec

In five issues,2 Appellants Jeramie Eitel, d/b/a Jeraco Investments and as agent for Cliff’s Star Construction, LLC; Jenson Gainer; and Otis Bakke

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

2

challenge the trial court’s summary judgment rendered in favor of Appellee John Horobec. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

The summary judgment evidence established ... More...
   $0 (02-13-2014 - FL)

Fred E. Relling v. Lislie Khorenian

2 Plaintiff owns a parcel of real property in Crook County. He filed a
3 declaratory judgment action in February 2009 against adjoining landowners seeking to
4 establish that he has an easement over their property for access to his property. He
5 appeals a general judgment declaring that express easements exist on the property of two
6 defendants, that those easements are not appur... More...
   $0 (02-12-2014 - OR)

Cheyenne and Arapaho Tribes v. First Bank & Trust Company

The Cheyenne and Arapaho Tribes (“Tribes”) and the Cheyenne and Arapaho Tribes’ Executive Branch (“Executive Branch”) (together with the Tribes, “Plaintiffs”), appeal from the district court’s orders and judgments dismissing their claims. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In February 2011, the Tribes opened accounts with defendant First Ban... More...
   $0 (02-11-2014 - OK)

Preben Olesen v. General Electrict Capital Corporation

Preben Olesen ["Olesen"] appeals a partial final judgment entered against him and in favor of General Electric Capital Corporation ["GECC"], in which the trial court dismissed all claims against GECC for failure to state a cause of action and denied Olesen's ore tenus motion to amend his Second Amended Complaint.

On November 25, 2009, Olesen filed a complaint against Lowndes, Drosdick, Dost... More...
   $0 (02-07-2014 - FL)

Robert Lasser v. Amistco Separation Products, Inc.

In this accelerated appeal, Robert Lasser seeks review of the trial court’s July 25, 2013 order, which grants Amistco Separation Products, Inc.’s request for a temporary injunction. On appeal, Lasser raises three issues, including the

2

dispositive issue of whether the temporary-injunction order complies with the requirements of Rule of Civil Procedure 683. Because we hold it doe... More...
   $0 (02-06-2014 - TX)

Christopher Carlton v. Shalanda Brown and The Adoption Center of Choice, Inc.

¶1 In this case, Christopher Carlton asks us to once again
consider both the constitutionality of the Utah Adoption Act (Act)
as well as the extent of the rights it affords to putative fathers who
wish to contest adoptions in Utah. Mr. Carlton argues first that
the Act is unconstitutional, both facially and as applied to him,
and second, that the district court erred when, bas... More...
   $0 (02-05-2014 - UT)

State of Oklahoma v. Chase Allen Robbins and Crystal Dawn Abell

Tulsa criminal defense lawyer Don Mason represented Crystal Dawn Abell who was charged with:

Count # 1. Count as Filed: EMB, EMBEZZLEMENT , in violation of 21 O.S. 1451 Date Of Offense: 12/19/2011

Party Name: Disposition Information: ABELL, CRYSTAL DAWN Disposed: DEFERR... More...
   $0 (02-01-2014 - OK)

Michael Kilpatrick v. Midwest Energy Corporation, Martin A. Vaughan, M Gas, Inc., John Stephen Swab, Hsumy Oil & Gas, Inc., Howard G. Barnett and John Stephen Swab

Michael Kilpatrick, Judy Nixon, Martha Ann Garrison, Roy E. Garrison, Jr. and Jean Marie Daniel sued Midwest Energy Corporation, Martin A. Vaughan, M Gas, Inc., John Stephen Swab, Hsumy Oil & Gas, Inc., Howard G. Barnett and John Stephen Swab on conversion, unjust enrichment, constructive fraud, breach of the Oklahoma Product Revenue Standards Act and declaratory judgment theories.

The f... More...
   $0 (01-31-2014 - OK)

Brian Clough v. State of Florida

Brian Clough timely appeals the postconviction court's order dismissing, in part, and denying, in part, his petition for a writ of habeas corpus. See§ 79.01, Fla. Stat. (2009). We have jurisdiction, see Fla. R. App. P. 9.140(b)(1)(D), and affirm. We write to address the argument that the postconviction court denied Mr. Clough due process of

- 2 -

law by converting, without notice, h... More...
   $0 (01-31-2014 - FL)

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 ... More...
   $0 (01-30-2014 - OR)

Welco Electronics, Inc. v. Nicholas J. Mora

Defendant Nicholas J. Mora appeals from a judgment in favor of plaintiff Welco Electronics, Inc., and against defendant, on plaintiff’s claim for conversion, and against defendant and in favor of plaintiff on defendant’s cross-complaint. Defendant contends the trial court erred in denying his motion for nonsuit based on the ground of insufficient evidence to support the plaintiff’s cause of ... More...   $0 (01-23-2014 - CA)

Rosario Nativi v. Deutche Bank National Trust Company

In May 2009, the United States Congress enacted the Protecting Tenants Against Foreclosure Act of 2009 (PTFA or Act) (Pub.L. 111-22, Div. A, Title VII, §§ 702-704, May 20, 2009, 123 Stat. 1660) and, in 2010, the Congress amended it (Pub.L. 111-203, Title XIV, § 1484, July 21, 2010, 124 Stat. 2204).1 The Act provides protections for bona fide tenants of residential real property at foreclosure f... More...   $0 (01-23-2014 - CA)

Beth Ann Miller v. Mylan, Inc.

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant’s fentanyl patch caused Kelly’s death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugs” from suit. The district court determined that the fentanyl patch was a “drug” and consequently granted the defendant... More...   $0 (01-21-2014 - MI)

James Bradley Morrison v. James Campbell

In this agreed interlocutory appeal, James Bradley Morrison appeals from the trial court’s denial of his motion for summary judgment on the claim for loss of use damages brought against him by James Campbell.1 Morrison’s vehicle 1Because this lawsuit was filed before September 1, 2011, the former civil practice and remedies code section 51.014 applies to this case rather than the amended rule;... More...   $0 (01-17-2014 - TX)

Raquel Pascoal Wiliams v. Secretary, U.S. Department of Homeland Security

Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become a legal permanent resident. Her appeal raises a novel issue of statutory interpretation: whether the remar... More...   $0 (01-17-2014 - FL)

Liz Sanchez Training Stables, et. al., v. James Ellis, et. al.

02/05/2014 STIPULATION
Stipulation Regarding Plaintiffs' Claims for Economic Damages, Loss of Business Income, Loss of Personal Income, Loss of Future Business Income, and Loss of Future Personal Income from Loss of Plaintiffs Former Clients Walton, Budd, Sam, and Dazzo
01/29/2014 DISCOVERY P 1
01/29/2014 RESPONSE P 1
Plaintiff's Response to Affi... More...
   $0 (01-15-2014 - NM)

Jeff Greene v. Times Publishing Co.

Jeff Greene appeals a final judgment and order dismissing his complaint against Times Publishing Company, Miami Herald Media Company, and three reporters for libel. Concluding that the complaint states a legally sufficient cause of action against each defendant, we reverse and remand the case to the circuit court for further proceedings.

I. Parties

Greene was a candidate for nominati... More...
   $0 (01-15-2014 - FL)

Susan D. Linitz v. Lois Lynne Lintz

Defendant Lois Lynne Lintz appeals from a judgment of financial elder abuse, undue influence, breach of fiduciary duty, conversion of separate property, and constructive trust. Defendant challenges only the remedial aspect of the judgment. She argues that the probate court erred by voiding her deceased husband’s testamentary trusts and trust amendments executed after May 2005 without proof of un... More...   $0 (01-14-2014 - CA)

Drakes Bay Oyster Company v. Sally Jewell

This appeal, which pits an oyster farm, oyster lovers and
well-known “foodies” against environmentalists aligned with
the federal government, has generated considerable attention
in the San Francisco Bay area.1 Drakes Bay Oyster Company
(“Drakes Bay”) challenges the Secretary of the Interior’s
discretionary decision to let Drakes Bay’s permit for
commercial oyst... More...
   $0 (01-14-2014 - ca)

E. Dean Jagers v. Federal Crop Insurance Corporation

In this appeal, we consider whether Appellee Federal Crop Insurance Corporation acted arbitrarily or capriciously in denying federal crop insurance coverage for corn that Appellants planted in 2008 on newly broken, non-irrigated acreage in Baca County, Colorado. The agency determined that coverage should be denied because Appellants failed to follow good farming practices by planting on this newly... More...   $0 (01-14-2014 - CO)

In Re Estate of Mary E. Hiller

[¶1] Paul A. Ligor, son of the deceased, Mary E. Hiller, appeals from an amended judgment of the Knox County Probate Court (Emery, J.) partially denying his motion for relief from a judgment pursuant to M.R. Prob. P. 60(b) and M.R. Civ. P. 60(b). In its judgment, the Probate Court: (1) found that Ligor had solicited a power of attorney when his mother “was not of sound mind” and then wrongful... More...   $0 (01-09-2014 - ME)

IN THE INTEREST OF THE CHILDREN OF KNIGHT

¶1 Defendant/Appellant, David Lincoln (Father), seeks review of the trial court's order awarding child support to Plaintiff/Appellee, Sara Knight (Mother), for the support of their minor child. We hold the trial court erred as a matter of law (1) in failing to deduct from Father's self-employment income the ordinary and reasonable expenses necessary to produce the income, and (2) in failing to de... More...   $0 (01-03-2014 - OK)

Alexander Graham-Sult v. Nicholas P. Clainos

Plaintiffs Alexander Graham-Sult and David Graham appeal the district court’s disposition of: (1) a motion to dismiss; (2) a special motion to strike under California’s anti- SLAPP statute; and (3) related attorney’s fees awards.

GRAHAM-SULT V. CLAINOS 5

We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs’ conversion and unjust e... More...
   $0 (12-27-2013 - CA)

Stephen Karbelk v. Larry Latham, Pinnacle Quest, LLC and Stan Schreyer

Stephen Karbelk sued Larry Latham, Pinnacle Quest, LLC and Stan Schreyer seeking the dissolution of a limited liability company claiming:

1. Plaintiff resides in the Commonwealth of Virginia.

2. Defendant Pinnacle is a limited liability company formed in the State of Utah with its principal place of business in Salt Lake City, Utah.

3. Defendant Latham is a resident of Las Veg... More...
   $0 (12-18-2013 - OK)

Werner Heldenmuth v. Paul Groll

A claimant harmed by a breach of an escrow agreement can pursue damages against an escrow agent for breach of contract, but damages for civil theft require more than proof of noncompliance with the escrow agreement. In the context of escrow agreements, damages for civil theft require allegations of knowing and intentional wrongful conduct. In this appeal, we address whether the trial court properl... More...   $0 (12-18-2013 - FL)

Next Page

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