¶1 Appellant David Sherick (Sherick) appeals from the order of the Twenty-First Judicial District Court, Ravalli County, granting summary judgment in favor of Respondent Scott D. Erler (Erler). We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err in ruling that Leota Osburn and Donald Hill ratified the forged deed transferring property to Erler?More...   $0 (02-18-2009 - MT)

McMillan/Miami, LLC., appeals from a final order denying its motion for attorney’s fees, after the court entered an agreed order dissolving a lis pendens and after the appellee, Krystal Capital Managers, LLC., etc., voluntarily dismissed its complaint. We reverse because the trial court incorrectly reasoned that it had to deny fees where no lis pendens bond had been posted.

Krystal Capita... More...   $0 (01-23-2009 - FL)

In this consolidated appeal, Cedar Mountain Estates, LLC, and DAL USA, LLC (collectively referred to as “Cedar Mountain”), appeal the trial court's denial of their motion to amend their answer to assert various affirmative defenses. David Post appeals the denial of his motion to vacate a default judgment. We reverse.

This appeal comes to this court from a final judgment of foreclosure a... More...   $0 (01-19-2009 - FL)

Helen and Gus Leontios (the Leontioses) deeded their 159-acre farm and homestead to Paul Swanson for purposes of partial development and with an oral agreement that the remainder of the property would be reconveyed to them. After partial development of the property, Swanson and his development company, PWS Lake Geneva Development Company, Inc., refused to reconvey any property to the Leontioses, c... More...   $0 (01-14-2009 - WI)

This case came before the Supreme Court on October 31, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing arguments of counsel and examining the memoranda submitted by the parties, we are of the opinion that cause has not been shown and we shall decide this appeal without further briefing and... More...   $0 (01-08-2009 - RI)

Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court’s standing jurisp... More...   $0 (12-31-2008 - CA)

¶1 Saied Hajizadeh appeals the trial court's dismissal without prejudice of the complaint filed by Miller Family Real Estate, LLC (Miller Family) for specific performance and breach of contract. We affirm.

BACKGROUND

¶2 Hajizadeh is the record title owner of real property located at 5712 and 5720 South State Street, in Murray, Utah (the Property). On March 1, 2007, Miller Family en... More...   $0 (12-26-2008 - UT)

¶1 Victor Plastering, Inc. (Victor) appeals from the district court's grant of summary judgment in favor of Swanson Building Materials, Inc. (Swanson) pursuant to Utah Code section 38-11-1. See Utah Code Ann. § 38-1-11 (Supp. 2008).1 We affirm.

BACKGROUND

¶2 Victor is a contractor that performed work on a singlefamily home located in Utah County (the subject property). Victor ... More...   $0 (12-26-2008 - UT)

Appellant Toni Solano appeals the trial court=s * order granting appellees= no evidence and traditional motions for summary judgment. Appellant challenges various aspects of the trial court=s determinations that she failed to present evidence establishing a genuine issue of material fact on the elements of her fraud and Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) claims and als... More...   $0 (12-05-2008 - TX)

Following a bench trial, Linda S. Aland appeals the trial court's judgment in favor of appellee Justin A. Martin in a suit where Martin claimed Aland violated section 12.002 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 12.002 (Vernon Supp. 2008). That statute provides for recovery of damages against persons who knowingly file fraudulent liens with intent ... More...   $0 (11-26-2008 - TX)

Presenting six points of error, appellant Wind Mountain Ranch, LLC contends the trial court erred in a rendering declaratory judgment wherein a deed of trust in its chain of title was void and a judgment lien in favor of the City of Temple is superior to the claim of Wind Mountain. We affirm.

On January 4, 1978, Robert K. Utley, III, Trustee, signed a note in the amount of $1,200... More...   $0 (11-25-2008 - TX)

Samuel Thomas appeals the district court’s judgment in favor of Defendants with respect to various claims concerning the demolition of a building in Detroit. We affirm.

I.

Thomas is the owner of property in Detroit, on which the former Studebaker Building once stood. On March 3, 2000, after providing Thomas with notice and an opportunity to be heard, the Detroit City Council passed... More...   $0 (10-22-2008 - MI)

¶1 This appeal concerns the trial court's determination that a notice of interest and two lis pendenses recorded by the Appellants were wrongful liens under the Utah Wrongful Lien Act. Although this appeal suggests the existence of interesting questions about whether a notice of interest or a lis pendens can be considered a "lien" for purposes of the applicable version of the Act and whether a bu... More...   $0 (10-02-2008 - UT)

This is the latest in a series of lawsuits pursued by the plaintiff, David M. Somers, to collect an amount allegedly owed by the defendant, John M. Chan. In this appeal, we must decide whether the trial court correctly determined that the defendant was not liable for legal fees of $75,000 allegedly incurred by Lynn Chan, the defendant’s former wife, and claimed by the plaintiff, her former attor... More...   $0 (09-30-2008 - CT)

In December of 2001, the Coushatta Tribe of Louisiana (“CTOL” or “the Tribe”), a federally recognized Indian Tribe, entered into an “Agreement for Professional Services” with Meyer and Associates, Inc. (“Meyer”), for general engineering and construction services. This contract, signed by Lovelin Poncho, then the Chairman of the Coushatta Tribal Council, provided that the contract w... More...   $0 (09-23-2008 - LA)

The issue in this case is whether a cause of action for intentional interference with custody and visitation rights is sustainable by a father, Michael Shannon, against his former wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa ("Appellants"), both of whom fled to Egypt with the couple's two minor children, who remain there. Appellants moved to dismiss the father's complaint... More...   $3017500 (04-11-2008 - MD)

The fundamental precept of due process is that before official action may be taken in derogation of an individual's rights, liberties, or property, the individual must be permitted a fair opportunity to appear before the decisional authority and show, if he can, why the proposed action should not be taken. In the proceedings giving rise to this and two companion appeals, this principle was dro... More...   $0 (03-27-2008 - CA)

1 CGP-Aberdeen, L.L.C. ("CGP") challenges the constitutional adequacy of the compensation it received for a fifty-acre parcel of real property that was condemned by the City of Scottsdale ("Scottsdale"). The United States Constitution requires that a property owner be paid just compensation in the amount of the value of the property as of the date it is taken from the owner. Arizona law values the... More...   $0 (03-12-2008 - AZ)

1 Mining Investment Group, LLC, (Buyer) appeals from partial summary judgment finding that Buyer's failure to fund escrow on the closing date of a real estate purchase agreement with Billy and Sandra Roberts (Sellers) constituted a material breach of contract. Buyer also appeals the trial court's award of liquidated damages to Sellers. Sellers cross-appeal the trial court's denial of their cross-m... More...   $0 (03-12-2008 - AZ)

1 This appeal challenges the order quieting title in favor of Appellee Dometri Investments, LLC ("Dometri") and against Appellant Janet Parker Lind, individually and as trustee of the Warren H. Parker, Jr. Separate Property Trust. Specifically, we are asked to resolve whether Dometri can claim title to real property even though the decedent's widow, Ruth Parker, had no legal interest in the proper... More...   $0 (02-26-2008 - AZ)

The court, sitting without a jury, found a property owner breached his contract to sell a large parcel of coastal property to an investment company. The court, however, refused to grant the buyer's request for specific performance based on the court's conclusion that monetary damages were adequate because the buyer's primary motivation was to quickly turn the property for a profit. We hold the... More...   $0 (02-26-2008 - CA)

1 A&A Enterprises (A&A) appeals from an order denying its motion for a permanent injunction and dismissing its complaint. Following a bench trial, the trial court concluded that the City of Milwaukee's (the City) February 2, 2005 order directing A&A to repair its building at 2436 West Kilbourn Avenue or have it razed within sixty days was reasonable; and that there was no basis for the tri... More...   $0 (02-20-2008 - WI)

In case number 2D05-131, Appellants Land Management of Florida, Inc., and Cross Country Land Trust, Inc. (jointly referred to as the buyers), challenge an amended partial summary judgment that disposes of their specific performance action as to Appellee John H.C. Lee, as Ancillary Trustee in Bankruptcy of Ian Geoffrey Bell and Barakot Ltd. The buyers raise several issues, but dispositive of th... More...   $0 (02-08-2008 - FL)

Respondent Harry Montgomery, a railroad employee of petitioner CSX Transportation, Inc. (CSX), was injured while using a manual track wrench to tighten a bolt on a railroad track. Respondent brought a negligence action against CSX under the Federal Employers' Liability Act (FELA).[1] CSX moved for summary judgment. The evidence presented included deposition testimony of respondent and two ... More...   $0 (01-14-2008 - SC)

In this quintessential palimony action, defendant Edward Diehl appeals from a December 6, 2005, judgment in favor of plaintiff Rosemary Connell awarding $107,494.40 in palimony, $70,000 as a return of an inheritance Connell received in 1997 and gave to Diehl and $15,000 in counsel fees, less a partial payment of $36,000 from Diehl to Connell after they separated. Connell cross-appeals f... More...   $0 (01-14-2008 - NJ)