Conversion Law
 
Woody K. Lesikar v. Carolyn Ann Lesiker Moon

In this appeal, we consider challenges to the trial court’s award of attorney’s fees on remand in a dispute between siblings related to a family trust and their deceased father’s estate. We affirm the trial court’s judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special Trust, filed suit ... More...
   $0 (08-30-2012 - TX)

American Mining Corporation v. Michael Theriault

This is an appeal from a post-trial decision and final judgment of the Court of Chancery awarding more than $2 billion in damages and more than $304 million in attorneys’ fees. The Court of Chancery held that the defendants-appellants, Americas Mining Corporation (“AMC”), the subsidiary of Southern Copper Corporation’s (“Southern Peru”) controlling shareholder, and affiliate directors ... More...   $0 (08-29-2012 - DE)

Marvin Lionel Friddle v. Fred Fisher

In Hopkins County, Texas, Marvin Lionel Friddle brought suit against Fred Fisher and wife, Ruth Fisher, and Valence Operating Company, Inc., under a claim that Valence had paid royalties on the production of oil and gas to the Fishers that were rightfully owed to Friddle as the holder of a nonparticipating royalty interest (NPRI) to which the Fisher ownership was subject. Friddle’s case against ... More...   $0 (08-24-2012 - TX)

Vieira Enterprises, Inc. v. City of East Palo Alto

Vieira Enterprises, Inc. (Vieira), a seller and installer of manufactured homes, filed mechanic‟s liens after the owners of two lots in the City of East Palo Alto (the City) failed to pay for its delivery and installation of two manufactured homes. Prior to the filing of the mechanic‟s liens, another party foreclosed on the properties and applied to the City of East Palo Alto‟s Building Serv... More...   $0 (08-20-2012 - CA)

Subodh Sonwalker, M.D. v. St. Luke's Sugar Land Partnership, LLC

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and ... More...   $0 (08-18-2012 - TX)

Mark Evenson v. Tim Lilley

On review of an opinion by the Court of Appeals, Mark and Janis Evenson challenge the calculation of damages, primarily to trees, resulting from a fire on their rural property. Although we disagree with the analysis employed by the district court and by the Court of Appeals, we agree with their ultimate conclusions and affirm. The Evensons purchased 160 acres of rural property in Greenwood County ... More...   $0 (08-17-2012 - kS)

George Jones v. Ellen Copeland

Appellant, George Jones, an inmate proceeding pro se, appeals the trial court’s dismissal of his suit filed against Ellen Copeland. Jones contends that the trial court abused its discretion by dismissing his suit as frivolous. We will affirm. Factual and Procedural History

Jones filed grievances against Copeland in association with his claims that Copeland, property officer at the Jordan ... More...
   $0 (08-16-2012 - TX)

Marvin Lionel Friddle v. Fred Fisher

In Hopkins County, Texas, Marvin Lionel Friddle brought suit against Fred Fisher and wife, Ruth Fisher, and Valence Operating Company, Inc., under a claim that Valence had paid royalties on the production of oil and gas to the Fishers that were rightfully owed to Friddle as the holder of a nonparticipating royalty interest (NPRI) to which the Fisher ownership was subject. Friddle’s case against ... More...   $0 (08-16-2012 - TX)

Back Bay Spas, Inc. v. 441 Stuart Marketing, LLC

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e... More...   $0 (08-16-2012 - MA)

Susan I. Moss v. Parr Waddoups Brown Gee & Loveless

¶1 The plaintiffs in this case brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into plaintiffs’ home to seize electronic files from plaintiffs’ computer and other electronic devices. The plaintiffs raised several causes of action against the law firm and its attorneys, largely based on the theory that the execut... More...   $0 (08-13-2012 - UT)

Southwest Galvanizing, Inc. v. Eagle Fabricators, Inc.

Appellant Southwest Galvanizing, Inc. (―SWG‖) sued appellee Eagle Fabricators, Inc. (―Eagle‖) for breach of contract after Eagle allegedly failed to pay SWG for ―hot dip‖ galvanizing services performed by SWG. A jury found in favor of SWG and awarded damages and attorney‘s fees. The trial court signed a final judgment in conformity with the jury‘s verdict, with the exception that t... More...   $0 (08-09-2012 - TX)

Dilip Tandan v. Affordable Power, L.P.

Affordable Power, L.P., an electricity reseller, sued Dilip Tandan and Matthew Vere. Affordable Power predicated its suit on claims for a sworn account, fraud, and breach of contract in connection with a contract between Affordable Power and an entity called Cross Media Fort Worth, LLC (CM–Fort Worth).

The trial court granted a directed verdict against Tandan on the sworn account because ... More...
   $0 (08-09-2012 - TX)

Tracy Lind v. Midland Funding, L.L.C.

Tracy and Steve Lind filed this suit after defendants attached funds in the Linds' joint bank account pursuant to Minnesota's garnishment laws. The Linds allege that defendants deprived Tracy of her due process rights in violation of 42 U.S.C. § 1983 and that defendants violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 (FDCPA). The district court1 dismissed both claims. We affirm... More...   $0 (08-09-2012 - MN)

Kelly Ann O'Shea Duncan v. Rita M. O'Shea

Appellant, Kelly Ann O’Shea Duncan, appeals from a summary judgment order and final judgment entered following a bench trial in a trust action against Appellee, Rita M. O’Shea, individually and as trustee of the John Joseph Connor O’Shea, Jr. Marital Deduction Trust, the Disclaimer Trust, and the Family Trust. In support, Kelly asserts the trial court erred in (1) its construction of the Tru... More...   $0 (08-08-2012 - TX)

Apache Tribe of Oklahoma v. John H. Graves


¶1 Plaintiff Apache Tribe of Oklahoma appeals from an order of the trial court granting summary judgment in favor of John H. Graves. Pursuant to Supreme Court Rule 1.36, 12 O.S.2011 ch. 15, app. 1, we review this record without appellate briefing. After review, we conclude that genuine issues of material fact remain precluding the entry of summary judgment. Accordingly, we reverse and remand... More...
   $0 (08-04-2012 - OK)

Ronald D. Mell, Sr. v. Anthem, Inc. nka WellPoint, Inc.

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-26-2012 - OH)

Ronald D. Mell, Sr. v. Anthem, Inc.

Plaintiffs, the Estate of Frieda M. Wilmes through its appointed fiduciary, Claudette Schenck, Robert K. Espel, and James C. Matacia (collectively “Plaintiffs”), on behalf of themselves and all other similarly-situated employees and retirees, appeal the district court’s order granting summary judgment to Defendants Anthem, Inc., Anthem Insurance Companies, Inc., Community Insurance Company, ... More...   $0 (07-25-2012 - OH)

Pervasive Software, Inc. v. Lexware GMBH & Company, KG

The plaintiff-appellant, Pervasive Software Inc. (“Pervasive”), a Delaware corporation having its principal office in Austin, Texas, sued defendant-appellee, Lexware GmbH & Co. Kg (“Lexware”), a corporation organized under the laws of the Federal Republic of Germany, for damages and injunctive relief on the basis of breach of contract, quantum meruit, unjust enrichment, and conversion in a... More...   $0 (07-20-2012 - TX)

Sky Harbor Air Service, Inc. v. Shelly Reams

In 2008, Sky Harbor Air Service, Inc., (“Sky Harbor”) and its owner, H. Paul Martin, asserted more than a dozen claims against various defendants in the U.S. District Court for the District of Wyoming. On summary judgment, the district court dismissed all of their claims. Sky Harbor and Mr. Martin also were held liable on a breach-ofcontract counterclaim and ordered to pay attorney fees.
<... More...
   $0 (07-20-2012 - WY)

Herbert Lawrence Polinard v. Ralph A. Medina

Appellant, Herbert Lawrence Polinard, challenges the trial court’s dismissal of his lawsuit against appellees, Ralph A. Medina and Ann Anthony, LLC (“Ann Anthony”), for want of prosecution. By two issues, Polinard contends that the trial court erred in dismissing the case and in denying his motion to reinstate. We affirm.

I. BACKGROUND

On September 24, 2009, Polinard sued M... More...
   $0 (07-19-2012 - TX)

Suntide Sandpit, Inc. v. H & H Sand and Gravel, Inc.

This appeal stems from the trial court’s grant of a summary judgment in favor of appellee, H & H Sand and Gravel, Inc. (“H & H”), a Texas corporation, against appellants, Suntide Sandpit, Inc. “(Suntide”), a Texas corporation, Mike Hurst, individually, Phil Hurst, individually, and Erma Stillwell, deceased. In four issues, appellants challenge the summary judgment granted against the thr... More...   $0 (07-19-2012 - TX)

Paul Goldstone v.County of Santa Cruz

Appellant Paul Goldstone Trust U.T.D. June 27, 2003 (Goldstone) appeals from a judgment entered on its petition for writ of administrative mandamus, in which it sought to overturn the decision of the Santa Cruz County Board of Supervisors denying its application to convert the Alimur Mobilehome Park (Alimur) from rental to condominium ownership. That petition was opposed in the trial court by resp... More...   $0 (07-17-2012 - CA)

Leroy Morris v. Oklahoma Department of Human Services

The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assistance for nursing home or simi... More...   $0 (07-10-2012 - OK)

City of Orlando and Lasercraft, Inc. v. Michael Udowychenko

The City of Orlando and Lasercraft, Inc., appeal a final judgment in favor of Michael Udowychenko that invalidated the City’s red light camera ordinance as preempted by state law. This court affirms the lower court’s decision and certifies conflict with the decision made by the Third District Court of Appeal in City of Aventura v. Masone, 36 Fla. L. Weekly D2591 (Fla. 3d DCA Nov. 30, 2011) (mo... More...   $0 (07-06-2012 - FL)

Town of Stratford v. Eric Castater

The defendant, Eric Castater, appeals from the denial of his motion for attorney’s fees. Specifically, the defendant claims that the court (1) improperly concluded that the plaintiff, the town of Stratford, did not bring the underlying action in bad faith, (2) improperly concluded that General Statutes § 31-721 was inapplicable to the present case and (3) failed to follow proper procedure in de... More...   $0 (07-03-2012 - CT)

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AK Morlan
Kent Morlan, Esq.
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