Laches Law
 
William T. Jervey v. Martint Environmental, Inc.

Martint Environmental, Inc. (Martint) and General Casualty Insurance Company (collectively, Appellants) appeal the circuit court's order vacating in part and affirming in part the order of the Appellate Panel of the Workers' Compensation Commission, arguing the court erred in finding: (1) section 42-9-260 of the South Carolina Code is a time bar for raising a defense against compensability; (2) Wi... More...   $0 (01-25-2012 - SC)

Harold William Purnell v. Beard & Bone, LLC

Appellee, Beard and Bone, LLC, (Beard & Bone) filed a complaint to quiet title and for declaratory judgment against Mary Ann Cantwell (Cantwell) in the Circuit Court for Worcester County. Beard & Bone later filed an amended complaint, which added appellants, the Estate of Helen Marie Brittingham Purnell, Marion Purnell Smith, Harold William Purnell, and Eunice Purnell Williams (the Purnells), as p... More...   $0 (05-01-2012 - MD)

Kevin T. Morton v. Hung Nguyen

Appellant Kevin T. Morton entered into a contract for deed to sell his house to appellees Hung and Carol S. Nguyen. After the Nguyens rescinded the contract pursuant to the Texas Property Code, Morton sued the Nguyens for breach of contract. The Nguyens counterclaimed, seeking (1) a finding that the cancellation and rescission was proper under the Texas Property Code and a refund of all payments m... More...   $0 (05-17-2012 - TX)

Andrew S. Taplin v. Martin W. Taplin

This is an appeal by a trust beneficiary from an order and final judgment dismissing his second amended complaint, which sought an accounting, breach of trust, removal of trustees, and surcharge, with prejudice, on the ground the claims are time-barred as a matter of law on the face of the complaint. We reverse the order and final judgment and remand for reinstatement of the second amended complai... More...   $0 (05-09-2012 - FL)

HVAC Plus, Inc. v. Lathrops Mechanical, Inc.

HVAC Plus, Inc. sued Lathrops Mechanical, Inc. and Gary Lathrop on a breach of contract theory claiming:

COMES NOW the Plaintiff and for its causes of action against the Defendants, alleges and states: FIRST CAUSE OF ACTION--OPEN ACCOUNT

1. Plaintiff is an Oklahoma corporation in good standing with its principal place of business in Oklahoma County, Oklahoma. Defendant Lathrop’... More...
   $49530 (04-06-2012 - OK)

Ruth A. Smith v. Jan Frances Care Center, LLC

Plaintiff, Ruth A. Smith, fother daimi against the Defendants, Jan Frances Care Center, L.L.C. and Professional Long Term (Dare Services, L.L.C., states:
1. Defendant, Professional Long Care Services, L.L.C. owns a nursing home known as Jan Frances Care Center. The nursing home is operated on its behalf by its agent, Defendant Jan Frances Care Center, L.L.C. Consequently the Defendants are joi... More...
   $1 (04-18-2012 - OK)

Sumner Hill Homeowners' Association v. Rio Mesa Holdings, LLC

For over two decades, homeowners at Sumner Hill, an isolated subdivision on bluffs overlooking the San Joaquin River, experienced the privacy of living in a remote, rural location within the confines of a security gate. They also enjoyed unrestricted access to the San Joaquin River on a dirt road within the subdivision known as Killkelly Road. Because Killkelly Road was inside the gated residentia... More...   $0 (05-02-2012 - CA)

John Sutherland v. Meridian Granite Company

[¶1] John Sutherland and Minerva Selbe Sutherland entered into a mining lease granting Meridian1 the right to conduct mining operations on the Sutherlands’ property. A dispute developed between the Sutherlands and Meridian regarding the Sutherlands’ obligation to pay taxes relating to the mineral production. The dispute led to litigation. On cross-motions for summary judgment, the district co... More...   $0 (04-26-2012 - WY)

Buckeye Retirement Co., LLC v. Shannell Walter

Appellant Buckeye Retirement Co., LLC., LTD appeals the order of the Pulaski County Circuit Court directing a verdict to appellee Shannell Walter and dismissing Buckeye’s foreclosure complaint with prejudice. On appeal, Buckeye argues that the order should be reversed because (1) the trial court erred as a matter of law in finding that a redemption deed issued by the Arkansas Commissioner of Sta... More...   $0 (04-18-2012 - AR)

Amir Peleg v. Neiman Marcus Group, Inc.

Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1–16), ―arbitration is a matter of contract.‖ (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the parties‘ mutual promises to arbitrate their claims against each other.

In this employment case, an employer and its at-will employee... More...
   $0 (04-17-2012 - CA)

Michael Swanson v. Glenn K. Swanson

[¶1] Glenn K. Swanson appeals from the trial court's judgment quieting title to certain real property located in Bottineau County in Michael Swanson, James Swanson, Robert Swanson, and Candyce Johnson ("Swanson children"). We conclude the trial court improperly analyzed the notice requirement for good-faith purchasers under the law and erred in finding the Swanson children acted in good faith. Th... More...   $0 (04-12-2012 - ND)

Peter Connolly v. Wade Trabue

This case involves the issue of whether a prescriptive easement was acquired by plaintiffs and appellants Connolly (the Connollys) across adjacent real property owned by defendants and respondents Trabue (the Trabues) in a rural portion of southern Humboldt County. After a bench trial lasting approximately two weeks, the trial court ruled that, even if such an easement had been acquired by the Con... More...   $0 (04-10-2012 - CA)

Danielle M. Stewart v. Thomas D. Stewart

The respondent-appellant, Danielle M. Stewart (the “Wife”), appeals from a Family Court final judgment in favor of the petitioner-appellee, Thomas D. Stewart (the “Husband”), arising from the Husband’s Petition to Modify Alimony and the Wife’s Motion for Specific Performance and Rule to Show Cause. In this appeal, the Wife contends that the Family Court erred when it reformed the parti... More...   $0 (03-15-2012 - DE)

Kevin T. Morton v. Hung Nguyen

Appellant Kevin T. Morton entered into a contract for deed to sell his house to appellees Hung and Carol S. Nguyen. After the Nguyens rescinded the contract pursuant to the Texas Property Code, Morton sued the Nguyens for breach of contract. The Nguyens counterclaimed, seeking (1) a finding that the cancellation and rescission was proper under the Texas Property Code and a refund of all payments m... More...   $0 (03-22-2012 - TX)

Jeffrey A. Fox v. James F. O'Leary, Jr.

Jeffrey A. Fox appeals a take-nothing judgment rendered against him in his suit for injunctive relief arising out of his claim that James F. O'Leary, Jr.'s construction of a home on his lot violated deed restrictions governing their subdivision. After a bench trial, the trial court concluded that Fox's claims were barred by the affirmative defense of laches. We will reverse the trial court's judgm... More...   $0 (03-16-2012 - TX)

Raymond R. Cloutier v. Robin M. (Cloutier) Turner

[¶1] Raymond R. Cloutier appeals from a judgment entered in the District Court (Lewiston, Lawrence, J.) granting Robin M. (Cloutier) Turner’s motion to enforce the child support provisions of a 1992 amended divorce judgment. Cloutier argues that (1) Turner lacks standing to bring the motion to enforce because she filed it after the children became adults; (2) the limitations period on a claim o... More...   $0 (01-19-2012 - ME)

Mark Lawrence Johnson v. Elizabeth Ann Johnson

¶1 This appeal involves the allocation of the military retirement benefit of an employee spouse pursuant to a 1984 divorce decree. Mark Lawrence Johnson, a retiree from the United States Air Force, seeks review of the amount of his military retirement the trial court awarded to his ex‐wife, Elizabeth Ann Zoric. We affirm in part, reverse in part, and remand for further proceedings.

BACKG... More...
   $0 (01-26-2012 - UT)

Donia Townsend v. The Quadrant Corporation

We granted review of a decision of the Court of Appeals in

which that court reversed the superior court's denial of a motion by a corporate home

seller and its parent companies to compel certain home purchasers to engage in

arbitration pursuant to an arbitration clause in the purchase and sale agreement. We

affirm the Court of Appeals.

... More...
   $0 (01-05-2012 - WA)

Allstate Sheet Metal, Inc. v. Alliance Plumbing & Heating, Inc.

Allstate Sheet Metal, Inc. sued Alliance Plumbing & Heating, Inc. on a breach of contract theory claiming that Defendant failed to pay for material and work provided by it on three projects in the amount of $131,091.00.

Defendant admitted some of the allegations made by Plaintiff and denied others. It claimed that Plaintiff's petition failed to state claims upon which relief could be gr... More...
   $1 (01-06-2012 - OK)

Gary Voisine v. Robert J. Berube

[¶1] This appeal arises from a shareholder’s derivative action pursuant to 13-C M.R.S. §§ 751-758 (2010) filed by Gary Voisine on behalf of Valley Firewood and Tree Farm, Inc. (“Valley”) against Valley and Robert J. Berube, a shareholder and president of Valley. Berube appeals from the judgment entered in the Superior Court (Aroostook County, Cuddy, J.) following a jury-waived trial, find... More...   $0 (12-29-2011 - ME)

George Santillan v. The Roman Catholic Biship of Fresno

George Santillan and his brother Howard Santillan sued the Roman Catholic Bishop of Fresno for childhood sexual abuse by one of the diocese‟s former priests. A jury found that their claims were time barred because there was no evidence that the diocese knew that the priest was committing such acts either before or during the time when the Santillans were being abused. The trial court granted a n... More...   $0 (01-06-2012 - CA)

Estate of Samuel Alexander v. Trillium Hospital

In this action alleging medical malpractice, plaintiff appeals the circuit court’s order denying her motion to reinstate the case after the lifting of a bankruptcy stay. We reverse and remand.

Plaintiff filed suit against defendants in December 1999. As personal representative of the estate of Samuel Alexander, plaintiff brought this claim alleging medical malpractice after Alexander’s ... More...
   $0 (12-27-2011 - MI)

Jacquelyn N. Young v. Becker & Poliakoff, P.A.

This appeal stems from a suit against the law firm of Becker & Poliakoff for legal malpractice and breach of fiduciary duty. Jacquelyn Young appeals from the trial court’s order remitting the jury’s $4.5 million punitive damages award against Becker & Poliakoff to $2 million, or alternatively, granting a new trial on punitive damages. Becker & Poliakoff cross-appeals, contending that it was en... More...   $0 (12-21-2011 - FL)

Ahepa 192-1 Apartments v. Harry E. Smith

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...   $0 (12-21-2011 - IA)

Kent Morrison Adams v. Joanne Catherine Adams

Joanne Catherine Adams sued Kent Morrison Adams for breach of an alimony contract. The trial court granted Joanne‟s partial motion for summary judgment and later granted her final motion for summary judgment. On appeal, Adams challenges the trial court‟s decision to grant Joanne‟s summary judgment motions. We affirm the trial court‟s judgment.

Factual Background

In a final de... More...
   $0 (12-22-2011 - TX)

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