Estoppel Law
 
STATE OF KANSAS v. JEROLD MICHAEL DUNN

During a break in their on-again-off-again relationship, defendant Dunn and Tracy Shaw, who had obtained a protection order against Dunn, encountered one another at a bank in Parsons. Shaw visited the bank daily as part of her job as a courier. According to bank employees, Dunn had been wandering around outside the bank before Shaw's arrival, and he eventually entered the bank, inquired about open... More...   $0 (07-17-2016 - KS)

STATE OF CONNECTICUT v. MICHAEL ANTHONY GUERRERA

This decision concerns two appeals, AC 37171 and AC 38312, and a cross appeal in AC 38312 arising from the same underlying criminal case. In a single, consolidated trial, a jury found the defendant, Michael Guerrera, guilty of assault in the first degree in violation of General Statutes §§ 53a-8 (a) and 53a-59 (a) (1), conspiracy to commit the assault in the first degreeinviolationofGeneralStatute... More...   $0 (07-15-2016 - CT)

Burton P. Lingenfelter v. Lower Elkhorn Natural Resources District

Burton P. Lingenfelter farms in Pierce County, Nebraska.
He owns and operates Dunaway Farm and three other parcels
of land in its immediate vicinity, one of which is called
Rehfeld Farm. Dunaway Farm and Rehfeld Farm are located
within the jurisdiction of the Lower Elkhorn Natural Resources
District (District).
The District’s rules contain restrictions on ground water
i... More...
   $0 (07-10-2016 - NE)

STATE OF NEW MEXICO v . TRUETT THOMAS

On June 3, 2010, Guadalupe Ashford’s body was found partially hidden behind
16 a trash can at the edge of a small parking lot. Drag marks and blood spatter indicated
17 that Ashford had initially been assaulted in the lot and then dragged a short distance
18 to its edge where her body was found. The drag marks were contained within the span
19 of one parking space and extended less... More...
   $0 (06-22-2016 - NM)

Kut Suen Lui and May Far Lui v. Essex Insurance Company

Kut Suen Lui and May Far Lui (the Luis) owned a building that sustained water damage after a pipe burst while the building was vacant. The Luis' insurance policy for the building limited coverage for water damage in two ways based on vacancy: coverage was suspended if the building remained vacant for 60 consecutive days and, effective at the beginning of any vacancy, there was no coverage for ... More...   $0 (06-09-2016 - WA)

Evans v. Dow et al

Steven D. Dow, Munson Radio, and Steven D. Dow, d/b/a KEIN-AM, appeal
from the Order of the Montana Eighth Judicial District Court, granting summary
judgment to Creed Miles Evans (“Evans”) and the final judgment determining that Dow
and Munson shall pay damages to Evans in the amount of $261,000 for wrongful
occupation and unlawful detainer of property. We affirm.
¶3 Evan... More...
   $261000 (06-08-2016 - MT)

Pyeatt v. Estus

¶1 (Plaintiffs in error will be designated plaintiffs, and defendants in error, defendants.) The plaintiffs are minor children of A. P. Cash, suing through their legal guardian, A. F. Pyeatt, the purpose of which suit is to have canceled certain conveyances to the lands involved, which comprise the allotments of said minors and their deceased mother. Briefly stated, the grounds of recovery alleged... More...   $0 (06-06-2016 - OK)

DAVID S. HUFFMAN v. STATE OF FLORIDA

In circuit court case number 1972-CF-0870-NC, a jury found Mr. Huffman
guilty of rape, at the time a capital felony, and breaking and entering with intent to
commit grand larceny.1 In November 1972, the trial court sentenced him to parole
eligible life sentences for both convictions. This court affirmed both convictions and the
parole-eligible life sentence imposed for the rap... More...
   $0 (06-06-2016 - FL)

STATE OF FLORIDA v. FRANK J. BRICE, JR

Late on the night of July 6, 2013, police discovered Mr. Brice naked with
his girlfriend in the backseat of her mother's car. They were parked in an open lot
adjacent to a technical high school located in a local community center. As the police
approached the car, Mr. Brice jumped from the back seat to the front seat. The officers
saw Mr. Brice reach under the front seat and... More...
   $0 (06-06-2016 - FL)

Jaquel O'Neal v. The State of Texas

Appellant, Jaquel O’Neal, appeals his conviction for aggravated sexual assault of
a child. One issue is presented for our review. It concerns the trial court’s decision to
allow the withdrawal of the attorney pro tem it previously appointed to represent the
State in appellant’s prosecution. The attorney pro tem was appointed after Dustin Boyd,
the Coryell County district att... More...
   $0 (06-04-2016 - TX)

Joseph Hall et al. v. City of Newport et al

The plaintiffs, Joseph Hall, his wife, Marilyn Hall,
and their children, Jacob and Philomena Hall (the Halls), appeal from the April 16, 2015 entry of
partial final judgment (entered pursuant to Rule 54(b) of the Superior Court Rules of Civil
Procedure) in favor of the defendant, Rhode Island Public Transit Authority (RIPTA),1 in
Newport County Superior Court. The partial fina... More...
   $0 (06-02-2016 - RI)

Trent Durell Mumphrey v. The State of Texas

One evening, two men arrived at the home of Dasha Webb, Gabriel Wade, and Ravin Johnson. When Johnson answered the door, the men asked to purchase drugs. Johnson told the men that he did not sell drugs, and they left. A short time later, Johnson left the house. The two men soon returned with a third man, knocked down the front door, and stormed into the house. They threatened to shoot Webb unl... More...   $0 (05-30-2016 - TX)

STATE OF NEW JERSEY v. J.M., JR.

The Court granted leave to appeal to consider whether the
State may introduce in defendant’s trial for sexual assault
evidence of a prior sexual assault of which defendant was
acquitted. Defendant, a massage therapist, was charged with
sexually assaulting a customer while giving her a massage.
Prior to defendant’s trial, the State moved to admit evidence
that defend... More...
   $0 (05-28-2016 - )

Open Door Ministries v. Lipschuetz

In this case, Jesse Lipschuetz challenged the validity of a rooming and boarding
permit that the City and County of Denver (“the City”)1 issued to Open Door Ministries
(“Open Door”). Lipschuetz—who owns a property adjacent to Open Door’s property—
filed claims against the City and Open Door seeking revocation of the permit. Open
Door filed cross-claims against the City, seekin... More...
   $0 (05-24-2016 - CO)

Josh Carnley d/b/a AIM To Please v. Barry W. Cone d/b/a J. Cones Fleet Services

Tulsa, OK - Josh Carnley d/b/a AIM To Please sued Barry W. Cone d/b/a J. Cones Fleet Services claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma and the Contract that is the subject _ ··
matter of this lawsuit was entered into in Tulsa County, Oklahoma.

2. Upon information and belief, Defendant is a residents of Tulsa County or thtrprincipal 0

place of b... More...
   $0 (05-18-2016 - OK)

Dewan Nix v. State of Indiana

On April 20, 2014, Nix was located “at or near Main and Mulberry in Howard
County, Indiana” and “did knowingly or intentionally violate a no contact
order” by having contact with S.M. Appellant’s App. at 38. Nix was arrested,
and the State charged him with Class A misdemeanor invasion of privacy under
cause number 34D01-1404-CM-274 (“Cause 274”). The trial court set Nix’s More...
   $0 (05-17-2016 - IN)

DIONE LAMAR GRIGGS vs. STATE OF IOWA

Griggs’s 2005 conviction for robbery in the first degree was affirmed by
this court in 2006. See State v Griggs, 05-1659, 2006 WL 3018234, at *1 (Iowa
Ct. App. Oct. 25, 2006). His second application for postconviction relief (PCR),1
filed on February 7, 2008, came on for hearing and was denied by the district
court on November 14, 2011. The ruling was affirmed by this court.... More...
   $0 (05-13-2016 - IA)

The State of Florida vs. Ryan Charles Lindemuth

The issue before this Court is whether the State may re-file an information
that has been dismissed without prejudice after the trial court struck and therefore
did not consider the State’s response to the defendant’s sworn motion to dismiss
pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). For the reasons that
follow, we conclude that the State was not barred from r... More...
   $0 (05-05-2016 - FL)

Eddie Greer vs. State of Missouri

Eddie Greer appeals the circuit court’s denial of his Motion for Reconsideration of Post
Conviction Motion for Forensic DNA Testing, and Motion for Court Ordered Evidentiary
Hearing. In Greer’s sole point on appeal he contends that the court clearly erred by denying his
motion for reconsideration without ordering the State to show cause why the motion should not
be granted, by ... More...
   $0 (04-27-2016 - MO)

Eddie Greer vs. State of Missouri

Greer was convicted in 1979 of rape, sodomy, kidnapping, and armed criminal action, for
which he received sentences totaling 620 years. We affirmed Greer’s convictions and sentences
on direct appeal for the rape, sodomy, and kidnapping charges, but reversed his convictions for
the armed criminal action charges. State v. Greer, 609 S.W.2d 423 (Mo. App. 1980). In Greer v.
Stat... More...
   $0 (04-26-2016 - MO)

Valentina Williston, LLC v. Gadeco, LLC

On May 4, 2007, Leroy and Norma Seaton entered into an oil and gas lease with Gadeco covering Sections 5, 6, 7, 8, and 18 in Township 154 North, Range 98 West, Williams County, North Dakota. The lease had a primary term of five years. The lease contained a "continuing operations clause," which enabled Gadeco to extend the primary term of the lease if "not more than ninety . . . days . . . elapse b... More...   $0 (04-25-2016 - ND)

Richard Walker v. State of Florida

Appellant/cross-appellee Richard Walker timely appeals his sentence, arguing that the trial court imposed a vindictive sentence, higher than the sentence offered in plea negotiations in which the court participated. The State cross-appeals, arguing that the trial court erred by dismissing one of appellant’s charges at sentencing. We affirm appellant’s sentence, concluding that the court did not ... More...   $0 (04-21-2016 - FL)

Toddrick Ogburn v. State of Indiana

On July 11, 2013, Officer Gregory Hosterman of the Evansville Police
Department was dispatched to an apartment to investigate a report of a
burglary. When Officer Hosterman arrived, he found the front door ajar and
the first-floor window adjacent to the front door broken. Suspecting a burglary
had occurred, he requested assistance to conduct a protective sweep of the
res... More...
   $0 (04-18-2016 - IN)

City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin

The present case is a Mississippi Tort Claims Act (MTCA) case riddled with
confusion and miscommunication surrounding a residential building permit. In 2006, Dr.
Terry Y. McMillin and his wife, Leslie Susan McMillin, purchased a new home in Tupelo,
Mississippi. Displeased with contractor Jamie Ewing’s failure to respond to their repair
requests, plus their discovery of a documen... More...
   $0 (04-16-2016 - MS)

Texas Commission on Environmental Quality v. Exxon Mobil Corporation; Exxon Mobil Oil Corporation; Pennzoil-Quaker State Company and Shell Oil Companyt

In this case of first impression, the Texas Commission on Environmental Quality
contends that the two types of Superfund orders it is empowered to issue are mutually exclusive,
meaning that one order cannot be issued under both ordering provisions. The Commission further
contends that the Superfund order at issue here is an order issued under Section 361.188 of the Solid
Waste Dis... More...
   $0 (04-09-2016 - TX)

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