Jon Frankes v. Tim Nay |
2 Respondent Frakes,1 2 a beneficiary of the Saling Family Trust (the trust), |
Carla D. Hess v. Jack R. Radford, Jr. |
Petitioner Carla D. Hess appeals the circuit court order which reversed the family court order granting equitable distribution of the parties’ marital property ten years after their final divorce order. This appeal was timely perfected by counsel, with petitioner’s appendix accompanying the petition. Respondent Jack Radford Jr. has filed a response. |
Dassault Systems, S.A. v. Keith Childress dba Practical Catia Training |
Plaintiff-Appellee Dassault Systemes, SA (“Dassault”) filed suit against Defendant-Appellant Keith Childress, d.b.a. Practical Catia Training (“Childress”), seeking damages for copyright and trademark infringement, unfair competition, and Michigan Consumer Protection Act violations arising from Childress’s allegedly unauthorized use of Dassault’s name and software licenses to operate a $0 (12-13-2011 - MI) |
Michael Coleman Hammond v. Jerry James Hammond |
2 Acy Dean Hammond, who died in October 2001, had three sons: petitioner |
Doris Rich Corya v. Roy Sanders |
Appellant challenges a final summary judgment in which the trial court ordered appellant to file accountings for various trusts of which appellant was trustee. Because there are disputed issues of material fact as well as the fact that the appellee, as moving party, failed to negate appellant’s affirmative defenses, we reverse. |
W. Thomas Wheeler v. City of Wayzata |
On the petition of the defendant City of Wayzata we review a decision of the court of appeals reversing summary judgment in favor of Wayzata. Plaintiffs had sued in the alternative for a declaration of the invalidity of all Wayzata's zoning ordinances and permanent injunction against their enforcement or for mandamus to compel proceedings in eminent domain. We reverse the decision of |
Sterling National Bank & Trust Co. of New York v. Charleston Transit Co. |
This proceeding was instituted in the Circuit Court of Kanawha County by Sterling National Bank & Trust Company of New York, trustee, against Charleston Transit Company, Charleston-Dunbar Traction Company, Charleston Interurban Railway Company, and others, for the purpose of enforcing the alleged liens securing certain special assessment paving certificates issued by the City Council of the City o $0 (10-05-1943 - WV) |
Carol M. Kimmer v. Philip E. Wright |
Philip Wright appeals the trial court's order granting partial summary judgment to Carol M. Kimmer, as personal representative of the estate of Richard Kimmer,[1] in which the court held the statute of limitations had not run on Kimmer's legal malpractice action. We reverse and remand. |
Clarkson and Company v. Continental Resources, Inc. |
[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson’s property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson m $0 (11-09-2011 - SD) |
Clarkson and Company v. Continental Resources, Inc. |
[¶1.] Clarkson and Company (Clarkson) owned and leased land in Harding County, South Dakota, on which Continental Resources, Inc. (Continental) conducted oil and gas exploration activities. Continental agreed to pay Clarkson for use of and damage to Clarkson’s property. Clarkson sued Continental, seeking declaratory relief to clarify the terms of the payment agreement Continental and Clarkson m $0 (11-09-2011 - SD) |
In re Marriage of Terry Tutor and Brian Tutor |
¶ 1 Respondent, Brian Tutor, appeals an order awarding petitioner, Terry Tutor, postjudgment interest for Brian’s failure to make timely payments he owed Terry for her share of the parties’ marital estate. On appeal, Brian argues that (1) the trial court erred by granting the petition for postjudgment interest, because the parties entered into a settlement agreement that did not provide for i $0 (08-26-2011 - IL) |
Joseph Francis v. Wynn Las Vegas, LLC |
In this appeal, we address several issues arising from a civil litigant’s invocation of his Fifth Amendment privilege against self-incrimination. The salient issue we consider is how, in response to a civil litigant’s request for accommodation of his or her privilege, the district court should proceed in order to prevent the opposing party from being unfairly disadvantaged. As it pertains $0 (10-06-2011 - NV) |
Phillip and Benita Young v. Emilio and Mary Sanchez |
Phillip and Benita Young appeal the trial court’s summary judgment rendered in favor of Emilio and Mary Sanchez, claiming in part that the court had no jurisdiction to grant summary judgment. We affirm the trial court’s judgment. |
Carolyn Jackmore v. William Jackmore |
Carolyn Jackmore appeals an order denying her motion to enforce a foreign judgment. We reverse and remand for further proceedings. |
Irma Lightner v. Gerald Lightner |
Gerald and Kyle Lightner (the defendants) appeal the district court's judgments against them and in favor of their sister and plaintiff, Irma Lightner, for $264,951 as well as their brothers and interveners, Robert and Lloyd Lightner for a combined total of $895,786, as well as costs, after a bench trial of Irma's claims that Gerald and Kyle engaged in a breach of fiduciary duty and self-dealing i $0 (09-23-2011 - KS) |
LS v. Robert Jeffrey Burling |
LS sued Robert Jeffrey Burling on a personal tort theory claiming that she was sexually molested and assaulted and battered by Defendant beginning when she was 10-years-old until she was 16-years-old. Burling was prosecuted by the State of Oklahoma on felony charges relating to his behavior with Plaintiff. Plaintiff claimed that she was harmed by Defendant's inappropriate sexual activities with h $1 (09-30-2011 - OK) |
Zachary Edge v. Geraldine Edge |
This is an appeal from a post-decretal final money judgment, awarding the former wife reimbursement for federal income taxes paid by her on seven years of post-dissolution alimony payments, and a separate order granting Roberta Fox’s (one of former wife’s counsels) objection to the referral to a magistrate of the former husband’s request for an award of attorney fees and costs pursuant to se $0 (09-07-2011 - FL) |
Thomas J. Sibley, P.C. v. Brentwood Investment Development Company, L.P. |
Thomas J. Sibley, P.C. (“Sibley, P.C.”) appeals from a take nothing summary judgment in favor of Brentwood Investment Development Company, L.P. (“Brentwood”). In a single issue, Sibley contends the judgment was entered in error because fact issues remain as to the existence of an enforceable lease contract between the parties. |
Employers Reinsurance Company v. Massachusetts Mutual Life Ins. |
ERICKSEN, District Judge. The primary issue in this appeal is whether a reinsurance agreement between Employers Reinsurance Company (“ERC”) and Massachusetts Mutual Life Insurance Company (“Mass Mutual”) contains a follow-the-settlements provision. Granting partial summary judgment in Mass Mutual’s favor, the district court2 concluded that it does. The district court also concluded that $0 (09-07-2011 - MO) |
Urbano Zea, Jr. a/k/a Urbano Zea v. Valley Feed and Supply Inc. |
were identical to or at least similar to Zea’s defenses and would therefore be considered during the arbitration. With respect to the third party claims, the arbitrator noted that the third party claimants were not parties or signatories to any of the agreements in question, and the arbitrator granted Travis’s motion to dismiss the third party claims. The arbitrator made an award in favor of T $0 (08-31-2011 - TX) |
Jack L. Genius v. The County of Cook |
¶ 1 At issue in this appeal is whether the Cook County Employee Appeals Board possessed jurisdiction to discharge the plaintiff from his position as a police officer with the Forest Preserve District of Cook County. The appellate court held that it did not. 398 Ill. App. 3d 321. For the reasons that follow, we reverse the judgment of the appellate court and remand the cause to that court for furt $0 (06-16-2011 - IL) |
Omar Jaso v. The Coca Cola Company |
Plaintiff–Appellant Omar Jaso commenced this lawsuit against Defendants–Appellees, alleging, inter alia, that they had infringed a copyright he held in a musical composition by creating a derivative composition that they used in a widespread advertising campaign. Defendants moved for dismissal of Jaso’s amended complaint under Federal Rule of Civil Procedure 12(b)(6) on the basis that Jaso $0 (08-01-2011 - TX) |
Rodney Frank Grgich v. Sharon Grgich |
¶1 Rodney Frank Grgich (Husband) appeals the trial court’s Order and Judgment Concerning Distribution of Assets and Debts (Order) and its related findings of fact and conclusions of law. Husband argues that the trial court erred in concluding that Sharon Grgich’s (Wife) claim to an interest in certain farm property (the farm) was not barred by the statute of limitations, that a 1990 quitclaim $0 (06-30-2011 - UT) |
Elk Ridge Lodge, Inc. v. George M. Sonnett |
[¶1] George M. Sonnett, Jr., and Wendy Z. Burgers-Sonnett purchased approximately twenty acres of land and improvements in Sublette County, Wyoming, from Elk Ridge Lodge, Inc. To finance part of the purchase price, the Sonnetts gave Elk Ridge a promissory note secured by a mortgage on the property. They later defaulted on the note, and Elk Ridge filed suit against the Sonnetts seeking judgment an $0 (07-08-2011 - WY) |
John Alexander v. River Resource Outfitters, LLC |
¶1 Appellees John and Janet Ethen (Ethens) sought declaratory relief in the Third Judicial District Court, Granite County, to resolve a boundary dispute with Appellants River Resource Outfitters (Joneses) and Christine Fischer (Fischer) (collectively Neighbors). The court declared that the common boundary line between the parties’ properties runs in a meander line along the west bank of Flint C $0 (06-21-2011 - MT) |
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