Estoppel Law
 
The People v. J.S.

While imprisoned after being convicted of several offenses, defendant J.S. was declared a Mentally Disordered Offender (MDO) pursuant to Penal Code1 section 2962. On March 6, 2012, J.S. was placed on parole and began her initial one-year term of involuntary treatment. After the Board of Parole Hearings (BPH) rejected her challenge to her MDO classification and initial commitment, she filed a petit... More...   $0 (08-26-2014 - CA)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

Jerron C. Hill, M.D. v. Tx-An Anesthesia Management, LLP, et al.

Appellants Jerron C. Hill, M.D., individually, and Jerron C. Hill, M.D., P.A. appeal the trial court’s grant of summary judgment in favor of Tx-An Anesthesia Management, LLP, M2 Healthcare Services, LP, and Anesthesia Business Consultants. Appellants complain, in three issues, that the trial court erred in granting summary judgment because appellees failed to prove that all of appellants’ clai... More...   $0 (08-25-2014 - TX)

Jim Maddox Properties LLC and Jim Maddox v. WEM Equity Capital Investments, Ltd.

Appellants, Jim Maddox Properties, LLC and Jim Maddox (collectively, “Maddox”), appeal the trial court’s grant of summary judgment in favor of appellee, WEM Equity Capital Investments, Ltd. (“WEM”), on WEM’s breach of contract claim. In three issues, Maddox argues that the trial court erred in granting
2
WEM’s motion for summary judgment because WEM failed to prove that Maddo... More...
   $0 (08-22-2014 - )

Rosalva Ruiz v. CBL & Associates Properties, Inc.

This cause is pending before the Court on Rosalva Ruiz’s appeal of the district
court’s order granting a final, take-nothing summary judgment for CBL & Associates
Properties, Inc. See TEX. R. CIV. P. 166a. Prior to this appeal, Ruiz successfully
2
challenged a different summary judgment for CBL. See Ruiz v. CBL & Assocs. Props.,
Inc., No. 13-12-00162-CV, 2012 WL 4335305 (Te... More...
   $0 (08-21-2014 - TX)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‟s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contract with the Davises to allow them to purchase lot nine of the subdivi... More...
   $0 (08-20-2014 - TX)

Shawn King v. This Land Press, LLC, et al.

Shawn King v. This Land Press, LLC, Keena b. Roberts, Joshua Kline, Michael Mason, Vince Lovoi, Eric Cullen and Cullen & Associates, LLC

Plaintiff, Shawn King, for his claims against Defendants, This Land Press, LLC; Keena B. Roberts; Joshua Kline, Michael Mason, Vince LoVoi, Eric Cullen and Cullen & Associates, LLC, for conversion, invasion of privacy, libel, slander, defamation, invasio... More...
   $0 (08-19-2014 - OK)

Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that... More...   $0 (08-16-2014 - TX)

Camp Easton Forever, Inc. v. Inland Northwest Council of Boy Scouts of America

Camp Easton Forever, Inc., (“CEF”) and Daniel and Matthew Edwards (collectively “the Edwardses”) appealed the district court’s grant of summary judgment to Inland Northwest Council Endowment Properties, LLC, and Inland Northwest Council of the Boy Scouts of America (collectively “INWC”). CEF and the Edwardses filed an action to declare the parties’ rights to property INWC owns on L... More...   $0 (08-15-2014 - ID)

Auto Advantage Finance, Inc. v. Lawrence Clark, James Holt a/k/a Jim Holt and Southside Recycling, LLC v. Robert C. Rogers

COMES NOW, Plaintiff, Auto Advantage Finance, Inc. (“Auto Advantage”) and asserts its claims against Defendants as follows:
1. Auto Advantage is a corporation duly organized under the laws of the State of Oklahoma, with its principal place of business in Oklahoma.
2. Upon information and belief, Defendant Lawrence Clark is an individual residing in the State of Oklahoma, Garfield Count... More...
   $0 (08-13-2014 - OK)

Robert Lindner v. Union Pacific Railroad Company

Robert Lindner’s parents were killed
when a Union Pacific train derailed and caused a bridge to
collapse. Soon after the accident, Lindner filed this wrongful2
No. 13-1422
death action against Union Pacific in Illinois state court. Union
Pacific removed the case to federal court, asserting diversity
jurisdiction: The Lindners were domiciled in Illinois, whereas
Union ... More...
   $0 (08-11-2014 - IL)

Morrell Masonry Supply, Inc. v. Jesus Perez

Appellant, Morrell Masonry Supply, Inc. (“Morrell Masonry”), sued appellee, Jesus Perez, for his alleged breach of the parties’ “Covenant Not to Compete and Confidentiality Agreement.” The trial court granted Perez’s motion for summary judgment and issued a take-nothing judgment against Morrell
2
Masonry. In its sole issue on appeal, Morrell Masonry argues that the trial court ... More...
   $0 (08-05-2014 - TX)

Joseph Mayzone v. Missionary Oblates of Mary Immaculate of Tx. and Father Thomas Ovalle

Joseph Mayzone appeals from a summary judgment disposing of his claims against Missionary Oblates of Mary Immaculate of Texas and Father Thomas Ovalle. We affirm.
BACKGROUND
On December 2, 2009, Mayzone filed a lawsuit against Missionary Oblates and Ovalle for damages. The suit alleged that between 1980 and 1983, when Mayzone was still a minor, he was sexually abused by Father Antonio Gonz... More...
   $0 (07-30-2014 - TX)

Lavine Thomas v. Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Inova Financial LLC

Lavine Thomas appeals the trial court’s grant of summary judgment based
2
on the doctrine of judicial estoppel in favor of appellees Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Innova Financial LLC. We affirm.
Background
In 2005 and 2006, Thomas entered into several real... More...
   $0 (07-29-2014 - TX)

Samvel Topchian v. JPMorgan Chase Bank, N.A.

Samvel G. Topchian appeals from the district court’s dismissal of his amended
complaint against JPMorgan Chase Bank (Chase). Because we hold that Topchian
has stated a claim for breach of contract, we affirm in part, reverse in part, and
remand for further proceedings.
I. Background
We recount the facts as described in the amended complaint and in the
permanent loan modif... More...
   $0 (07-28-2014 - MO)

Estate of William Wallace Allen, deceased

Montra Land appeals the trial court’s judgment granting Don Parks, David Mac Glover, and Ike Allen Laws III’s motion for summary judgment denying Land’s statutory bill of review in this probate-application case concerning the will of William Wallace Allen. Land’s 2013 petition for bill of review alleged the trial court committed substantial error by granting Don Parks’s motion for summar... More...   $0 (07-25-2014 - )

Floyd Lowe v. The Superior Court of San Joaquin County and The People

Convicted of being a felon in possession of a firearm and sentenced under the “Three Strikes” law more than 15 years ago, petitioner Floyd Lowe (defendant) recently filed a petition for resentencing under the Three Strikes Reform Act of 2012. The trial court denied the petition because defendant was armed with a firearm and intended to cause great bodily injury when he possessed the firearm.More...   $0 (07-25-2014 - CA)

Momentis U.S. Corporation v. Sheldon Weisfield and Wesley Bishop

In this accelerated appeal, Momentis U.S. Corporation appeals the trial court’s order
denying its motion to compel arbitration. Momentis contends the trial court abused its discretion
by denying its motion because Sheldon Weisfeld and Wesley Bishop entered into an agreement
and, under the terms of the agreement, agreed to arbitrate all disputes. Momentis also argues the
terms of ... More...
   $0 (07-23-2014 - TX)

Robert J. & Marilyn Green v. City of Dallas

Robert J. Green and Marilyn Green appeal from a summary judgment in favor of the City of Dallas on the Greens’ bill of review in which they challenged a default judgment rendered against them. For the following reasons, we affirm the trial court’s judgment. We issue this memorandum opinion because the issues are settled in law. TEX. R. APP. P. 47.2(a), .4.
BACKGROUND1
In April 1992 the... More...
   $0 (07-21-2014 - TX)

Nadine Peterson v. Ronald E. Lundin

Ronald E. Lundin filed a complaint against Nadine and William Peterson, claiming in part that he was entitled to possession of a dog (Krystal the Bedlington Terrier) as well as her offspring and that the Petersons were in wrongful possession of them. The circuit court entered partial summary judgment in favor of Lundin on his
- 2 -
replevin claim and ordered the Petersons to give Lundin po... More...
   $0 (07-18-2014 - FL)

Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...
   $0 (07-16-2014 - FL)

In the Estate of Aminta Perez-Muzza, Deceased

Veronica Peña appeals the trial court’s dismissal of her lawsuit contesting the will of Aminta Perez-Muzza. The trial court dismissed the contest: (1) because Veronica lacked standing to contest the will; and (2) to sanction Veronica for false statements she filed with the trial court and this court. Because we conclude that neither ground warranted dismissal, we reverse the judgment of the tri... More...   $0 (07-16-2014 - TX)

5F, LLC v. Robert Dresing

5F, LLC, challenges the order granting final summary judgment in favor of Robert Dresing, Sarah F. Dresing, and the Northern Trust Company, trustee for the Michael W. O'Shaughnessy Trust (collectively referred to as the Dresings). The lower
- 2 -
court found that the Dresings, as riparian land owners, have a common law right to construct a pier on submerged land owned by 5F which abuts the... More...
   $0 (07-16-2014 - FL)

R. Wayne Klein v. King & King & Jones

R. Wayne Klein (“Mr. Klein” or “Receiver”), the court-appointed receiver for
Winsome Investment Trust (“Winsome”), filed this action to recover funds paid from
Winsome to King & King & Jones, P.C. (“KKJ”). The district court granted
summary judgment in favor of the Receiver. KKJ appeals, and we affirm.
* After examining the briefs and appellate record, this panel ha... More...
   $0 (07-14-2014 - UT)

Robert Wohnoutka v. Sonia Kelley

¶1 Robert Wohnoutka appeals from the district court’s dismissal of the lawsuit he filed against his former domestic partner’s sister, Sonia Kelley. Wohnoutka claimed that Kelley had orally agreed to repay half of the money Wohnoutka paid from 2001 to 2007 toward the care and support of Kelley’s
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by l... More...
   $0 (07-03-2014 - UT)

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