Appellant Dibon Solutions, Inc. d/b/a Revenue Technology Services Corporation (“Dibon/RTS”) appeals from the summary judgment entered in favor of appellee Martinair Holland N.V. (“Martinair”). In two issues, appellant contends the trial court erred in striking its amended petition when: (1) Dibon/RTS complied with rule 28 in identifying its “true name” by means of an amended petition a... More...   $0 (12-18-2013 - TX)

[¶1] James Jellis is a rancher in Sheridan County, Wyoming, and owns a beefalo cattle herd. Pursuant to an oral agreement with John McTiernan, Jellis kept his herd on McTiernan’s ranch near Dayton, Wyoming.1 A dispute arose between the parties regarding their oral agreement, culminating in a lien being asserted by McTiernan and a legal action being filed by Jellis. The jury found, inter alia, M... More...   $0 (12-11-2013 - WY)

The Estate of Addison Darnell Lewis, Mae Francis Garson, a personal representative, sued James D. Filipski on a negligence theory claiming:

The Parties

1. That Addison Damell Lewis died on February 18, 2010.

2. The Estate of Addison Darnell Lewis is currently in probate in Custer County, Oklahoma.

3. Mae Francis Grayson brings this suit pursuant to 120.5. § 105... More...   $1 (12-11-2013 - OK)

Jerry L. Hamblin and Ricochet Energy, Inc. appeal a summary judgment, rendered in favor of Thomas A. Lamont, enforcing a contractual indemnity provision. We reverse the judgment of the trial court and render judgment in favor of Jerry L. Hamblin and Ricochet Energy, Inc.

FACTUAL AND PROCEDURAL BACKGROUND

Because many of the historical facts in this case are set forth in our previous ... More...   $0 (12-11-2013 - TX)

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corporation th... More...   $1 (12-10-2013 - OK)

[¶1] Berwick Iron & Metal Recycling, Inc., appeals from a judgment entered in the Superior Court (York County, Fritzsche, J.) vacating the Berwick Planning Board’s decision to grant a conditional use and site plan permit that would allow Berwick Iron to operate a metal shredder on its property.1 Berwick Iron argues that the court erred in vacating the Planning Board’s judgment because the Boa... More...   $0 (12-05-2013 - ME)

Appellant h a s moved for rehearing, rehearing e n banc, and certification of conflict. We deny the motion for rehearing and rehearing en banc, but grant the motion for certification of conflict. We withdraw our prior opinion and substitute the following opinion in its place. Ivana Vidovic Mlinar appeals a final order dismissing all of her claims against UPS o n th e ground that the claims were pr... More...   $0 (12-04-2013 - FL)

Michael R. Peacock sued William Steinert, Jr., Hedges Construction Co., Harriet B. Meier, The Harlan D. Meier and Betty L. Meier Family Trust, Dated April 12, 2011 on negligence theories claiming:

1. Plaintiffs are residents of Covington, Garfield County, Oklahoma. Defendants
Steinert and Hedges Construction are also residents of Garfield County, Oklahoma. Defendant
Harriet B. Mei... More...   $0 (12-04-2013 - OK)

Craig Toll (“Toll”) appeals from a final Order Granting Renewed Motion for Default and a Final Default Judgment entered against him on the basis of discovery

2

violations. For the reasons that follow, we vacate the Final Default Judgment and remand for an evidentiary hearing.

FACTS AND BACKGROUND

Chris Korge, the plaintiff below, filed an eight-count complaint again... More...   $0 (12-04-2013 - FL)

On June 24, 2010, Jeffrey Cooper filed a lawsuit against Phillip Glasser, Richard Glasser, and David Glasser (“the Glassers”) in the Superior Court for Los Angeles County, California. Mr. Cooper alleged that the Glassers materially misrepresented certain facts to induce him to invest $500,000.00 in the Glassers’ start-up movie-production company, Hi- Def Entertainment, LLC. Mr. Cooper sought... More...   $0 (11-26-2013 - TN)

Sandra C. Smyers sued Dana M. Cook on conversion and intentional damage of real property theories:

I. Jurisdiction:

This Court has jurisdiction of the parties and subject matter and venue is proper in Tulsa, Oklahoma in that both parties reside here, the subject real estate is located here and all actions complained of took place in Tulsa County.

II. Facts AIIeed:
More...   $1 (11-26-2013 - OK)

The Court decides this appeal en banc to resolve the important issues raised regarding no-evidence summary judgment practice. Appellants complain that a no-evidence motion for summary judgment that challenges “one or more” of the listed elements of each of appellants’ claims—without identifying the specific element or elements being challenged—is legally insufficient. We conclude such a ... More...   $0 (11-26-2013 - )

Christine Marais appeals the dismissal of her claims under the Truth in Lending Act (TILA), 15 U.S.C. § 1601, et seq., and the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2601, et seq., on Defendant Chase Home Finance

1

No. 12-4248 Marais v. Chase Home Fin. Page 2

(Chase)’s motion for judgment on the pleadings. We AFFIRM the dismissal of the TILA claim and R... More...   $0 (11-26-2013 - OH)

Appellee Andrea Payton sued her ex-husband, appellant Rodney R. Rife, for breach of contract, conversion, and specific performance. Rife appeals the trial court’s judgment in favor of Payton and against Rife as to his counterclaims for breach of contract, breach of trust, declaratory judgment, and his turnover request. We affirm the trial court’s judgment. On June 6, 2013, this Court notified ... More...   $0 (11-21-2013 - TX)

5 J AVIATION, L.L.C. sued BANK OF AMERICA; TRAJEN FLIGHT SUPPORT L.P. d/b/a ATLANTIC AVIATION; FREDERICK RANDOLPH CRAFT, JR. an individual; BRUCE LYNDON MOORE, an individual; THOMAS RICHARD HUNTINGTON JR., an individual; and, KONI L. COUTS-SPEARS, an individual on civil fraud theories claiming:

1. Plaintiff is an Oklahoma limited liability company, with its principal place ofbusiness in O... More...   $0 (11-20-2013 - OK)

Bartow Regional Medical Center petitions for certiorari review of an order requiring it to produce certain documents in the underlying medical malpractice action brought by Ollie J. Kirkland. Bartow Regional argues that the circuit court's order departs from the essential requirements of the law, causing it irreparable harm by requiring it to produce privileged documents and other items not subjec... More...   $0 (11-15-2013 - FL)

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged

2 No. 11-3422

property to protect the lender’s interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower.

In this proposed class action, Martha Schilke alleges that W... More...   $0 (11-05-2013 - IL)

¶1 In this action seeking recovery for breach of contract and for tortious conduct arising from the asserted breach, Defendants Tulsa Turbine Engines and Aircraft, LLC, (TTEA) and Gary and Tracey Sherrill seek review of the trial court's denial of their motion to vacate a default judgment entered against them. After review of the record and applicable law, we affirm in part and reverse in part an... More...   $0 (11-04-2013 - OK)

AIM Business Capital, LLC sued Madison Plate Processing, Inc. and Lance P. McGuire on conversion, declaratory judgment and equitable relief theories claiming:

1. Plaintiff is a Louisiana limited liability company doing business in Louisiana, with its registered office being located in the Parish of Lafayette, State of Louisiana.

2. Defendant, Madison Plate Processing, LLC (someti... More...   $1 (11-04-2013 - OK)

[¶1] This matter comes before us pursuant to M.R. App. P. 24(c) on report from the Superior Court (York County, Fritzsche, J.). Littlebrook Airpark Condominium Association (“the Association”) brought this action seeking, among other things, a declaratory judgment clarifying the rights of the parties pursuant to a lease of real property. The reported question concerns the effectiveness of an u... More...   $0 (10-31-2013 - ME)

Kevin Fabricio Claros Cantarero ("Claros"), a citizen and native of El Salvador, is an ex-member of a violent criminal street gang based in the United States. Claiming that he would face persecution and torture on account of his former gang membership if repatriated, Claros applied for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). An Immigration Judge... More...   $0 (10-31-2013 - MA)

In this business dispute, Andrew B. Small, III appeals the trial court’s take-nothing judgment on his claims for breach of contract, breach of fiduciary duty, fraud, and conversion against appellees Parker Healthcare Management Organization, Inc., and James W. Parker and John S. Parker d/b/a Parker Chiropractic Clinic. In six issues, appellant generally complains the trial court erred by conclud... More...   $0 (10-29-2013 - )

Appellants, Dr. Marc Ellman, individually and d/b/a Southwest Eye Institute, Vista Surgery Center, LLC, and Aura Development, LLC, appeal the trial court’s denial of their motion to compel arbitration. For the reasons that follow, we affirm.

FACTUAL SUMMARY

On November 9, 2006, JC General Contractors1 entered into an agreement with Marc Ellman, M.D.2 for the construction of a shell... More...   $0 (10-27-2013 - )

Vicki Carter sued Jean Griffin, successor trustee of the Wilmer Radzinski 2010 Trust, Robert Iliff, Misty Rowland, and Sixth Church of Christ Scientist seeking declaratory judgment and a temporary restraining order, claiming conversion, intrusion, trespass, civil conspiracy and intentional infliction of emotional distress claiming:

1. Jurisdiction is proper in the District Court of Tulsa ... More...   $0 (10-25-2013 - OK)

Joseph Hevey, in his capacity as co-trustee of the Will Slip 2011 Trust, appeals the trial court’s order dismissing Trust claims related to a marriage that occurred thirty-six years ago between Dale C. Bullough and appellee Margaret Hundley. Because we conclude a 2004 final decree of divorce bars the Trust’s claims, we affirm.

The summary judgment evidence shows the following. In 1977, ... More...   $0 (10-25-2013 - TX)