Appellant, Rhoda Tomasco, appeals the take-nothing judgment rendered against her by the trial court notwithstanding the jury verdict in her favor. We affirm.

BACKGROUND

Rhoda and Donald J. Tomasco (Don Sr.) were married in 1959. Three children, Don Jr., Karen, and Kirkland, were born to the marriage. Don Sr., an architect, became involved in land development and investmen

A court resolves an action for breach of contract and fraud in favor of a defendant by applying the parol evidence rule. That defendant subsequently files a malicious prosecution action against the plaintiffs in the breach of contract action and others. We now consider whether the termination of the breach of contract and fraud action based on the parol evidence rule satisfies the favorable

{1}Petitioners Evilia Madrid and Cinesio Sanchez appeal from a memorandum opinion of the Court of Appeals affirming an adverse decision and order of the district court. See Madrid v. Rodriguez (In re Estate of Duran), No. 21,384 (N.M. Ct. App. Feb. 13, 2002). The district court ruled that Petitioners have no interest in a tract of real property claimed by the estate of their deceased brother Sa

In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction

Defendant, Mark Vahey, appeals from the judgment, entered in a court-tried case, in favor of plaintiffs, Donald Vahey, et al., in an action for replevin or alternatively for money damages for property taken by him. The court found that Mark Vahey converted the property and awarded damages to the four named plaintiffs. We vacate and remand.

George Vahey died in January 2001. At the time of h

1 The appellant, Michael L. Merritt, filed an application for an indirect contempt citation and a motion to reduce arrearage to judgment. The appellee, Jane A. Merritt, filed a motion to dismiss the contempt citation based on the payment of Social Security benefits to the child of the parties. The Social Security payment made subsequent to the commencement of this action exceeded the amount of

The Equal Employment Opportunity Commission ("EEOC") sued Defendant W.H. Braum, Inc. ("Braum") on behalf of Eva Willis alleging disability employment discrimination in violation of the Americans with Disabilities Act ("ADA"). 42 U.S.C. §§ 12111-17. Prior to the EEOC's suit, Ms. Willis filed suit individually against Braum in federal court alleging a violation of the ADA. However, immediately af

The plaintiff, Nancy Weinstein, appeals from the judgment of the trial court denying her motion to open the judgment dissolving her marriage to the defendant, Luke A. Weinstein. In her motion, the plaintiff alleged that the defendant fraudulently misrepresented certain information in the financial affidavit that he submitted to the court at the time of the dissolution. On appeal, the pla

Plaintiff County of Santa Clara (the County) challenges the superior court's order eliminating four months of child support arrears that accrued prior to defendant Omar Wilson filing a modification motion. The County contends that the court lacked the power to forgive accrued child support arrears. Wilson claims that the court had the equitable power to do so. We conclude that the court lac

Jeffery L. Young and Janet L. Young, ("the Youngs") appeal the dismissal of their suit for specific performance of a contract by which they agreed to buy real estate from Mildred M. Archer ("Archer"). (FN1) For reasons specified below we dismiss the appeal.

The statement of facts in the Youngs' brief indicates, with few references to the record on appeal, that they entered into a contract wi

Effective January 1, 2003, the Legislature amended Family Code section 4502 to eliminate the equitable defense of laches in actions brought by an individual to enforce a judgment for child, family or spousal support. We conclude that laches was previously a defense to an action for child support arrearages, and that the amendment does not apply to cases like the one before us, which were heard

Albert Kennedy sued Brandywyn ("Bryn") McElroy for return of child support that he had paid. He lost the case. In a second lawsuit, Kennedy obtained a judgment against McElroy that required her to return child support she had received from Kennedy. McElroy challenges the denial of her motion to dismiss the second lawsuit. Because we agree with McElroy that res judicata should have acted as a b

Appellant, Laraine Gail Hart ("plaintiff"), appeals the summary judgment entered by the Circuit Court of St. Louis County in favor of respondent, Kupper Parker Communications, Inc., ("KPC"), in her action seeking to exercise her dissenter's rights as an alleged shareholder of KPC. We reverse and remand.

Kupper Advertising, Inc., ("KA") was first organized under the laws of Missouri on Janua

Biomet, Inc. appeals the trial court's grant of summary judgment in favor of Barnes & Thornburg (B&T) in an action for legal malpractice. See footnote Biomet raises the following restated issues for review:

Did the trial court err in determining that the statute of limitations should not be tolled until the conclusion of the patent infringement litigation brought by Pedro Ramos against Bio

At the time of the events underlying this suit, appellant Stephens was the Deputy Controller of the City of Houston; appellant Jordan was a Houston Police Department sergeant; appellee Wayne Dolcefino was an investigative reporter for appellee KTRK Television, Inc., which in turn was the licensee of KTRK-TV, Channel 13 in Houston ("Channel 13"; not a party to this suit); appellee Steve Bivens w

The trial court found Virginia Impression Products Company, Inc. ("VIP"), in civil contempt of a 1982 consent decree that prohibited it from conducting business in the District of Columbia in the name of Federal Marketing Company. At the behest of the parties, the court referred the question of sanctions to two court-appointed co-special masters. Adopting their findings and recommendations, th

On December 3, 1984, Arturo de la Cruz purchased from Columbus P. Brown by executory contract a parcel of land described as Lot 3, Block 5, Roseville Subdivision, El Paso County, Texas, also known as 320 Bauman Road, El Paso County, Texas. De La Cruz made the final payment on June 9, 1997. In January 2001, he filed suit for damages arising from Brown's failure to transfer recorded legal title t

The defendant, G and L Excavating, Inc., appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the plaintiff, John H. Kolb & Sons, Inc. On appeal, the defendant claims that the court improperly (1) denied its motion for a judgment of dismissal at the conclusion of the plaintiff's case, (2) determined that the six year statute of limitations set for

1 The dispositive issue on certiorari is whether the Court of Civil Appeals erred in sustaining the trial judge's denial of a compensation claim by an opinion rested on the claim's untimeliness and on the Workers' Compensation Court's want of cognizance to afford relief from the statutory time bar by interposition of "equitable concepts." We answer in the affirmative.

I

THE ANATOMY

Defendant George Clarke appeals from an order of the Chancery Division awarding plaintiff Phyllis Clarke $118,700 for alimony arrearages plus a separate award for interest, attorneys' fees, and costs. Defendant contends that (1) plaintiff's claim for alimony arrears is barred by the doctrine of either laches, waiver, or equitable estoppel, and (2) the trial court erred in assessing intere

The plaintiff lessor, 12 Havemeyer Place Company, LLC, appeals from the judgment of the trial court rendered in favor of the defendant lessee, Allan S. Gordon, in this summary process action in which the plaintiff sought eviction of the defendant lessee on the ground that their lease was illegal and, therefore, that the tenancy was void or voidable.1 The basis for the court's judgment wa

In June 1988, LCF Income Group (hereafter LCFIG), La Canada Flintridge Development Corporation (hereafter LCFDC), San Martin Investment Development Corporation (hereafter San Martin), and Peppertree Corporate Business Park, Ltd. (hereafter Peppertree), obtained a loan in the amount of $8.7 million from the predecessor in interest to Union Bank of California (hereafter the bank). The borrowers

Pulak Kumar Barua appeals the trial court's granting of summary judgment in favor of Dallas County, in its own behalf, and on behalf of other political subdivisions whose taxes are collected by the Dallas County Tax Assessor Collector: the Dallas County Community College District, the Parkland Hospital District, the Dallas County School Equalization Fund, the City of Dallas, and the Dallas Inde

This is an appeal from a summary judgment entered in favor of Riverway Bank on claims filed by plaintiffs/appellants Carson Energy and E. Carter Bills, II, and the denial of the motion for summary judgment filed by Carson Energy and E. Carter Bills. The dispute centers around a deposit of funds at the Riverway Bank and the alleged breach of such depository agreement. The case before us involves

[3] The parties own neighboring ranches in Crook County. Both ranches consist of deeded property as well as lands used pursuant to grazing permits issued by the United States Bureau of Land Management. By early 1999, the fence between the parties' lands had deteriorated and would no longer hold livestock in a number of places. On October 12, 1999, Moore mailed to Dorsett the first in a seri