Lis Pendens Law
 
Richard Turkanis v. Joan M. Price

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)... More...   $0 (01-30-2013 - CA)

Allen F. Glazer v. Gordon A. Jones

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu... More...   $0 (01-29-2013 - ID)

Justin S. Reynolds v. Trout Jones Gledhill Fuhrman, P.A.

Justin S. Reynolds, Kristine Reynolds, and their construction company, Sunrise Development, LLC (collectively, Reynolds) brought a malpractice action against their law firm, Trout Jones Gledhill Fuhrman, P.A., and its attorney-employee, David T. Krueck (collectively, Trout Jones). Reynolds alleged professional negligence in both the drafting of a real estate agreement between Reynolds and Quasar D... More...   $0 (01-23-2013 - ID)

Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.

Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse.

In July 2008, Appellee initiated lien foreclosure proceedings against the owner of unit #402 (the Unit) in the Spiaggia Ocean Condominium located at 9499 Collins Avenue in Surfside. In July of 2009, Appellee obtained a default f... More...
   $0 (01-23-2013 - FL)

Candace Louise Curtis v. Anit Kay Brunsting

This appeal concerns the scope of the probate exception to federal subjectmatter jurisdiction in the wake of the Supreme Court’s decision in Marshall v. Marshall. The Plaintiff contends that, under Marshall, her claims for breach 1 of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree.

I.

In 1996, Elmer H. and Nelva E. Br... More...
   $0 (01-09-2013 - TX)

VCS, Inc. v LaSalle Development, LLC

¶1 VCS, Inc. claims it acquired a valid mechanic’s lien on an Ogden subdivision by performing work as a general contractor. Utah Community Bank (UCB) claims an interest in the same Og-den subdivision, an interest it acquired by extending a construc-tion loan—secured by a deed of trust—to the subdivision’s owner.

¶2 This case involves a dispute over the validity of VCS’s me-chani... More...
   $0 (12-11-2012 - UT)

Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev... More...   $0 (12-09-2012 - FL)

National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to... More...   $0 (11-24-2012 - TX)

Aneita J. Weaver v. John Jamar

This is a contract dispute between appellant Aneita J. Weaver and her nephew, appellee John Jamar. It arises from a loan Weaver made to Jamar enabling him to purchase a townhouse, which he was to renovate and ultimately resell for profit. Following a bench trial, the trial court awarded title of the property and attorney’s fees to Weaver while awarding construction expenses to Jamar—all at fiv... More...   $0 (11-03-2012 - TX)

Blue Star Palms, LLC v. LED Trust, LLC

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)

Yorktown Holding, LLC v. Stephen P. Wallace

Yorktown Holding, LLC, W.H. Land Company, LLC and 2005 LRJ, LLC sued Stephen P. Wallace, Marty Roma Jage, Edith L. Jackson, Vilia T. Jage, Michael P. Jage and Joan Godlove on quite title theories.

Plaintiffs claimed:

Plaintiff, Yorktown Holding, received title to the Subject Property by Partnership/Trustee’s Deed filed October 20, 2006, at Doc. #2006121364 (Exhibit B), and by ... More...
   $0 (10-04-2012 - OK)

Riverview Park Estates, LLC v. Imperial Investments, LLC

Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Stephen Pereff, Inc., Pereff Properties, Michael J. King, S. Gregory Pittman and Winters, Kin & Associates on equitable relief, quite title, conversion, slander of title and other theories.

Stephen N. Pereff counterclaimed on a conversion, fraud, tortious interference with contractual relations, civil conspira... More...
   $0 (09-01-2012 - OK)

David Dee v. Brian Horton

¶1 Appellant Brian Horton (Horton), appeals from an order below granting Appellees David Dee and Sandra A. Dee's (collectively, the Dees), emergency request to order release of Horton's Mechanic's Lien and Lis Pendens notice (collectively, Lien). The Order on appeal does not determine the action nor does it prevent a judgment and later appeal after trial of all pending issues. The Dees' Motion to... More...   $0 (08-17-2012 - OK)

Joe Cullen v. Paul Corwin

Plaintiffs Joe and Marieanne Cullen stated alternate counts1 that alleged defendants Paul and Geraldine Corwin acted either negligently or fraudulently in failing to disclose the defective condition of the garage roof when the Corwins sold a vacation home to the Cullens.2

The Corwins moved for summary judgment on the ground that the statute of limitations had expired. The trial court grante... More...
   $0 (06-07-2012 - CA)

Christina Allen v. James N. Ciokewicz

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to ... More...   $0 (06-01-2012 - UT)

Joanna M. Blythe v. Atlas Industrial Enterprises, Inc.

Petitioners seek certiorari review of an order requiring them to post a bond in the amount of $747,143 “so long as the lis pendens filed by and on their behalf remains valid and enforceable as to Respondent’s properties identified therein,” as well as a subsequent order discharging the lis pendens as to one of the parcels at issue.

We conclude that the trial court departed from the es... More...
   $0 (06-01-2012 - FL)

Regin Canty v. Kathleen J. Otto

The defendant, Kathleen J. Otto, appeals1 from the judgment of the trial court granting the application of the plaintiff, Regina Canty, administratrix of the estate of Shamaia Smith, for a prejudgment remedy. On appeal, the defendant contends that the plaintiff, who is a creditor of her debtor spouse, Kenneth Otto, Sr. (Otto), cannot collect the debt from the defendant, a nondebtor spouse, by brin... More...   $0 (05-01-2012 - CT)

Scott Cyr v. Dwayne McGovran

Law students are taught that ownership of real property can be compared to the possession of a "bundle of sticks," i.e. there are certain rights and privileges associated with such ownership and that each stick represents a distinct right or privilege. (See e.g. United States v. Craft (2002) 535 U.S. 274, 278, 152 L.Ed.2d 437, 446.) Here, appellants had an option to purchase real property. At oral... More...   $0 (04-17-2012 - CA)

Killam Ranch Properties, Ltd. v. Webb County

Killam Ranch Properties Motion for En Banc Reconsideration is granted. We withdraw our May 11, 2011 opinion and judgment and issue this opinion and judgment in its place.

This appeal arises from Killam Ranch Properties, Ltd.’s (“Killam”) claim that Webb County violated the Texas Local Government Code and the Texas Open Meetings Act when it sold county-owned acreage and easements to Kh... More...
   $0 (04-11-2012 - TX)

Progressive Direct Insurance Company v. Casey Michael Stuivenga

¶4 The accident occurred October 11, 2008, at around 4:00 a.m. on U.S. Highway 12 between Helena and Garrison. Stuivenga and Evans had attended a bull-riding event in Helena the previous evening and had spent time with friends after the event, and were on their way back to Deer Lodge. Near milepost 10 on Highway 12 (within Powell County), Stuivenga’s pickup drifted across the roadway, struck th... More...   $0 (04-10-2012 - MT)

Tiffany C. Beal v. Christopher I. Mansfield Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Pawnee, OK - Tiffany C. Beal sued Christopher I. Mansfield on a breach of contact theory.

Date Code Description Count Party Amount
03-22-2012

FILE & ENTER PETITION

Document Available at Court Clerk's Office
$ 163.00
(Entry with fee only) $ 6.00
(Entry with fee only) $ 2.00


OKLAHOMA COURT INFORMATION SYSTEM FEE -... More...
   $1 (03-22-2012 - OK)

Michael Hannaford v. David Mann

The plaintiff, Michael Hannaford, acting in his capacity as the administrator for the estate of his aunt, Ruth Goryn, appeals from the judgment of the trial court denying his motion for summary judgment on count one of his complaint against the defendant, David Mann,1 and granting the defendant’s cross motion for summary judgment on count one.2 The plaintiff argues that the court erred by determ... More...   $0 (03-20-2012 - CT)

Rolland P. Weddell v. H20, Inc.

In this appeal, we consider distinct issues arising from a fall-out between business partners. We first consider whether a judgment creditor divests a dual member and manager of a limited-liability company of his managerial duties. In doing so, we determine the rights and remedies of a judgment creditor pursuant to NRS 86.401. We conclude that a judgment creditor has only the rights of an assignee... More...   $0 (03-01-2012 - NV)

Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev... More...   $0 (02-29-2012 - FL)

Robert P. Berg v. Kristi Wilson

On May 19, 2008, by entering into a Rule 11[1] settlement agreement, Robert P. Berg and Kristi Wilson “buried the hatchet” of a pending business-separation lawsuit. A central question for this appeal is whether the handle was left sticking out, in other words, whether Berg’s underlying claims, predating the settlement, should have been part of the subsequent jury trial between Berg and Wils... More...   $0 (11-02-2011 - TX)

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