Estoppel Law
 
Kish D. Powell v. The State of Texas

Kish D. Powell filed a suit against the State of Texas for a declaratory judgment of inability to pay property taxes and for injunctive relief. Before service of process, the trial court dismissed the case as frivolous and for failure to comply with the procedural requirements that apply to litigation filed without payment of costs by persons incarcerated in the Texas Department of Criminal Justic... More...   $0 (03-05-2015 - TX)

Heritage Constructors, Inc. v. Chrietzberg Electric, Inc., and Richard Marc Chrietzberg

The deadline was looming for aspiring prime contractors to submit their bids to TexAmericas Center to build a wastewater treatment plant on its property in Bowie County. The subcontract bid of Chrietzberg Electric, Inc. (Electric) submitted at the last minute by Richard Marc Chrietzberg (Chrietzberg) to aspiring prime contractor Heritage Constructors, Inc. (Heritage), for the electrical portion of... More...   $0 (03-04-2015 - TX)

Associated Air Center LP, et al v. Tary Network, LTD, et al

Tary Network Ltd. and Citadella International Group Ltd. sued appellants Associated Air
Center LP, Associated Air Center International, Inc. and DAE Aviation Holdings, Inc. d/b/a
Dubai Aerospace for alleged breaches of obligations under letters of intent regarding the interior
finish-out of luxury jet airplanes. As a result of a pretrial sanction for discovery misconduct,
appellant... More...
   $0 (03-04-2015 - TX)

Phillip Estrada v. Dennis Kriz

¶1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on ... More...   $0 (03-02-2015 - OK)

William Douglas Fulghum, et al. v. Embarq Corporation

Plaintiffs-appellants represent a class of retirees (collectively “Plaintiffs”)
formerly employed by Sprint-Nextel Corporation (“Sprint”), Embarq Corporation
(“Embarq”), or a predecessor and/or subsidiary company of either Embarq or
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Sprint (collectively “Defendants”). Plaintiffs brought this suit after Defendants
altered or eliminated health and life insur... More...
   $0 (02-25-2015 - )

Abby Tiscareno v. Lori Frasier

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...
   $0 (02-23-2015 - UT)

Royal Jewelers, Inc. v. Sherri Light

[¶1] Sherri Light, individually and as personal representative of the estate of Steven Light, appeals from a judgment entered after a bench trial determining GRB Financial Corporation held a valid and enforceable security interest in a ring purchased from Royal Jewelers, Inc., and authorizing GRB Financial to foreclose its security interest in the ring. We conclude the district court did not clea... More...   $0 (02-20-2015 - ND)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would... More...   $0 (02-20-2015 - CA)

Eddie Lerma v. Border Demolition & Environmental, Inc.

Appellant Eddie Lerma, challenges a jury verdict and subsequent judgment holding him liable to Appellee Border Demolition & Environmental, Inc. (“Border Demolition”) for breach of an oral demolition contract and attorneys’ fees. We affirm.
BACKGROUND
Factual History
On May 28, 2008, the City of El Paso condemned a house and detached garage located at 7429 Rose Lane Circle in El P... More...
   $0 (02-20-2015 - TX)

Mike Torres v. The City of Montebello

The principal issue in this appeal concerns Government Code section 40602’s mayoral signature requirement for municipal contracts and whether the mayor’s purported refusal to sign a contract duly approved by the city council authorizes the mayor pro tem to sign the contract in the mayor’s “absence” under Government Code section 40601. We conclude it does not.
Since 1962, Arakelian En... More...
   $0 (02-13-2015 - CA)

David Albert D/b/a David Albert Oil & Gas and ABX Oil & Gas, Inc. v. Dunlap Exploration, Inc.

This appeal concerns the applicability of a horizontal “Pugh” clause. See
Sandefer Oil & Gas, Inc. v. Duhon, 961 F.2d 1207 (5th Cir. 1992) (discussing the
origin and purpose of a Pugh clause, including a horizontal Pugh clause). The trial
court determined as a matter of law that the horizontal Pugh clause did not apply to
the gas wells that are the subject of this appeal. We af... More...
   $0 (02-12-2015 - TX)

Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w... More...
   $0 (02-12-2015 - TX)

Doris Rich Corya v. Roy Sanders

In this case, ongoing disputes as to four family trusts make a second appearance before us. In the first appeal, we reversed the trial court’s summary judgment granting trust accountings for all four trusts. Corya v. Sanders, 76 So. 3d 31 (Fla. 4th DCA 2011). We concluded the trial court erred in granting summary judgment in part because appellee Sanders did not sufficiently negate the defenses ... More...   $0 (02-11-2015 - FL)

Kitsap County v. Kitsap Rifle and Revolver Club

The Kitsap Rifle and Revolver Club appeals from the trial court' s decision
following a bench trial that the Club engaged in unlawful uses of its shooting range property.
Specifically, the Club challenges the trial court' s determinations that the Club had engaged in an
impermissible expansion of its nonconforming use; that the Club' s site development activities
violated land use ... More...
   $0 (02-10-2015 - WA)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...   $0 (02-09-2015 - CA)

Simona Wilson v. Southern California Edison Company

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed... More...   $0 (02-09-2015 - CA)

Francisco Marenco v. DirecTV, LLC

In this putative class action, plaintiff Francisco Marenco contends that defendant DirecTV LLC violated state wage and unfair competition laws. (Lab. Code, § 212; Bus. & Prof. Code, § 17200 (UCL).) DirecTV moved to compel arbitration as the successor to an arbitration agreement between Marenco and his previous employer, 180 Connect, Inc., which was acquired by DirecTV. The trial court granted th... More...   $0 (02-05-2015 - CA)

Robert C. Baral v. David Schnitt

This is an appeal from an order denying a special motion to strike under Code of Civil Procedure, section 425.16.1 We are asked to add our voice to the growing debate among appellate districts as to whether section 425.16 (anti-SLAPP statute) authorizes excision of allegations subject to the anti-SLAPP statute (protected activity) in a cause of action that also contains meritorious allegations not... More...   $0 (02-05-2015 - CA)

The People v. Romier Simmons

Appellants Christopher Malbrough and Romier Simmons were convicted of numerous crimes in connection with a series of home robberies, and the trial court sentenced them both to life in prison. On appeal, they contend we must (1) reinstate a package plea agreement that the trial court withdrew after Malbrough asked for it to be withdrawn and (2) reverse their convictions for aggravated kidnapping ba... More...   $0 (02-05-2015 - CA)

San Juanita and Max Griego v. Baptist St. Anthony's Health System, a/k/a Baptist St. Anthony's Hospital Corporation

Pursuant to section 74.351 of the Texas Civil Practices and Remedies Code, the trial court dismissed the claims of Appellants, San Juanita (Janie) Griego and Max Griego, against Appellee, Baptist Saint Anthony’s Health System, a/k/a Baptist Saint
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Anthony’s Hospital Corporation, due to their failure to timely file an expert report.1 By three issues, Appellants assert (1) their neglige... More...
   $0 (02-05-2015 - TX)

Progressive Transportation, LLC v. Republic National Industries of Texas, L.P. and Republic Corporation

Much is murky in this collection dispute between Progressive Transportation, LLC, and Republic National Industries of Texas, LP (Republic).1 What is clear, however, resulted in a summary judgment that Progressive take nothing in its suit against Republic and that Progressive owed Republic overpayments and attorney fees. We modify the judgment to strike Republic’s recovery of attorney fees from P... More...   $0 (02-05-2015 - TX)

Duane K. Rossmann v. Bishop Colorado Retail Plaza, L.P.

Bishop Colorado Retail Plaza, L.P. (Bishop) agreed to lease two suites in a shopping center to LTHM–Dallas Operations, LLC (LTHM). In August 2010, LTHM signed written leases for the two suites, and WestMed III, LLC (WestMed) subsequently guaranteed payment under the leases. Both leases commenced on November 29, 2010 and were for a period of five years. After LTHM and WestMed defaulted on their a... More...   $0 (02-05-2015 - TX)

Gregory Scott Cunningham v. Bobby Anglin

In an opinion and judgment dated August 12, 2011, we remanded this case to the trial court for a new trial on damages. Cunningham v. Anglin, No. 05-10-01023-CV, 2011 WL 3557951, at *5 (Tex. App.—Dallas Aug. 12, 2011, no pet.) (mem. op.) (“Cunningham I”). On remand, the parties tried the case before the court. The trial court rendered judgment for appellee Bobby Anglin, the agent of the landl... More...   $0 (01-30-2015 - TX)

Wilfred Velasquez v. Centrome, Inc.

Plaintiff and appellant Wilfredo Velasquez appeals from a judgment after jury trial of his product-related personal injury action. Velasquez alleged his lung disease was caused by workplace exposure to a chemical compound, diacetyl, that was distributed by defendant and respondent Centrome, Inc. dba Advanced Biotech (Advanced). The trial court entered judgment on the jury’s special verdict which... More...   $0 (01-30-2015 - CA)

Phillip Estrada v. Dennis Kriz, Hodges Transportation, Mid-America Pallett, L.L.C.

¶1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on ... More...   $0 (01-29-2015 - OK)

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