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)

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)

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)

¶1 Defendants Bryan K. Ellison, Jamie Ellison, and Commonwealth Properties, LC (collectively, the Ellisons), challenge the trial court’s determination that a trustee’s sale conducted in December 2009 was valid. The sale resulted in plaintiffs RM Lifestyles, LLC, and Woodbridge Realty, LC (collectively, RM Lifestyles), obtaining a trustee’s deed to the real property located in Holladay, Utah... More...   $0 (08-25-2011 - UT)

Vincent Ofor filed suit against, inter alia, U.S. Bank, N.A. ("U.S. Bank") seeking to invalidate the foreclosure and sale of his home. Ofor alleged that (1) the mortgage that the lender relied upon in foreclosing on his home was defective and therefore could not provide a valid basis for foreclosure under Minnesota law and (2) the lender violated the Truth in Lending Act (TILA), 15 U.S.C. § 1601,... More...   $0 (08-12-2011 - mn)

Appellants, Gabriele and Edward Duncan, challenge the trial court’s entry, after a jury trial, of a take-nothing judgment in favor of appellee, Dominion Estates Homeowners Association (“DEHA”), and the trial court’s rendition of summary judgment in favor of appellees, Charles Amos, Thelma Bowie, Natalie Powell, and Marques Collins (the “DEHA board members”), in the Duncans’ suit agai... More...   $0 (08-11-2011 - TX)

This is an appeal from a trial court judgment awarding appellees, John S. Martin and the Estate of Robert Louis Anderson, Deceased (“Martin”) damages, costs, and attorney’s fees against appellants, Violette M. Brown and Sherman A. Brown (the “Browns”) in an action for fraudulent lien brought under section 12.002 of the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code... More...   $0 (08-04-2011 - TX)

This is an appeal from a partial summary judgment granted in favor of Nainesh Gandhi and Chandan Hospitality, LLC (“Nainesh”), appellees, and against appellant, Rajendrakumar Gandhi (“Rajendrakumar”) in a suit alleging a cause of action for specific performance to purchase and sell a hotel in accordance with an executed contract. Rajendrakumar also pleaded a cause of action for fraud in t... More...   $0 (08-04-2011 - TX)

This case arises out of a contract dispute between two landowners and the City of Casper regarding whether the landowners are obligated to reimburse the City for certain street improvements. When the landowners did not comply with the City’s demands for payment, the City recorded deficiency notices in the local property records for their lots. With this burden on the landowners’ titles, the Ci... More...   $0 (07-25-2011 - WY)

Iowa has a strong public policy favoring settlements. This appeal decides the enforceability of a “Release of All Claims” that plaintiff, Mark Peak, signed on the advice of his attorney. Peak broke his leg while helping defendants, Ellis and Rachel Adams, move furniture using a rented U-Haul truck. The liability insurer for U-Haul paid its policy limits of $20,000 to Peak and his attorney in e... More...   $0 (07-01-2011 - IA)

The County of Dauphin (County) and taxpayers of the City of Harrisburg (City), Joseph and Jacalyn Lahr, (collectively, County), appeal from an order of the Court of Common Pleas of Dauphin County that sustained preliminary objections of the City, the City's Mayor, Treasurer and Controller, and the City Council members (collectively, the City or City defendants) to the County's first amended compla... More...   $0 (06-10-2011 - PA)

La Ventana Ranch Owners' Association ("the ROA") appeals from the trial court's final judgment in this dispute arising from variances granted to certain homeowners within the La Ventana community, allowing for the installation of private water wells and propane tanks. The ROA contends that the trial court erred in declaring that certain water well variance documents were valid and enforceable. Hom... More...   $0 (06-03-2011 - TX)

[¶1.] Steven Johnson sued Harrell Sellers for specific performance of a written agreement to purchase real estate. Sellers refused to sell after the transaction was unable to be closed on the agreed date. On cross motions for summary judgment, the circuit court ordered specific performance. The court ruled that Sellers waived the right to insist on the initial closing date and that fulfillment of... More...   $0 (05-25-2011 - SD)

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 Khaledi Properties, Ltd. (“Khaledi”). Killam filed suit against Webb County seeking a declaration the sale was void because of the statutory violations. Killam also filed a lis... More...   $0 (05-11-2011 - TX)

¶1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appell... More...   $0 (04-22-2011 - OK)

We decline to disturb an award of attorney’s fees ordered to make whole a property owner who was required to incur them in order to procure dissolution of a lien having no arguable legal basis, particularly since the trial court found the lien had been placed vindictively. Cf. S & T Builders v. Globe Props., Inc., 944 So. 2d 302, 305 (Fla. 2006) (authorizing an award of the fees incurred in proc... More...   $0 (04-21-2011 - FL)

With limited exceptions, this court’s jurisdiction to consider an otherwise timely appeal depends on whether the district court has entered a final judgment in the action below. NRAP 3A(b)(1). A final judgment is generally defined as one that resolves all of the parties’ claims and rights in the action, leaving nothing for the court’s future consideration except for post-judgment issues. ... More...   $0 (03-03-2011 - NV)

Bernard Shapiro and Cora Jane Chenchark lived together for twenty-two years, but they never married. Over those twenty-two years, Chenchark cooked, cleaned, and managed their household. When they broke up, she filed a palimony suit against him in state court. While the suit was pending, he died. In the context of this tax refund lawsuit filed by Shapiro’s estate, the district court held that Che... More...   $0 (02-22-2011 - NV)

This is an appeal from a judgment holding that the Plaintiffs are beneficiaries of a resulting trust in land titled in the names of the Defendants. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In the late 1990’s, George and Joann Kelley wanted to purchase a 670-acre farm, but they had neither the cash nor the credit to do so. They persuaded a friend to purchase the farm,... More...   $0 (02-02-2011 - ID)

In eighteen issues, Appellants Terry and Monica Glenn appeal the trial court’s judgment awarding Appellee Robert Pack damages and attorneys’ fees for his breach of contract and tortious interference with contract counterclaims. We affirmed in part, reversed and rendered in part, and reversed and remanded in part.

II. Factual and Procedural History

On March 29, 2007, the Glenns si... More...   $0 (01-13-2011 - TX)

Robert M. Moore, Jr., and Rebecca Rose Moore appeal an order declaring the cancellation of their notice of lis pendens for failure to comply with the requirements of Section 12.007 of the Texas Property Code and awarding money damages to Don Hawkins. Tex. Prop. Code Ann. § 12.007 (Vernon Supp. 2010). Hawkins’ claim was based on his allegation that the notice of lis pendens was supported by ne... More...   $0 (01-07-2011 - TX)

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician’s affidavit. We reverse and remand.



Background

Sel... More...   $0 (12-02-2010 - TX)

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician’s affidavit. We reverse and remand.



Background

Sel... More...   $0 (12-02-2010 - TX)

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician’s affidavit. We reverse and remand.

Background

Sells, w... More...   $0 (12-02-2010 - TX)

This appeal arises from the judgment of the Circuit Court of Tucker County, West Virginia, in a case between the appellant, Leeorr Rosier (hereinafter referred to as Mrs. Rosier), and her son, the appellee, Robert Lee Rosier. Mrs. Rosier brought the action against her son as the widow of Stearl Rosier and as the Executrix of his estate. At issue is the ownership of bank accounts, farm machinery, ... More...   $0 (11-23-2010 - WV)