Mandamus Law
 
Ovidio Garcia, Jr. v. Omar Escobar

In this restricted appeal, appellant Ovidio Garcia Jr., pro se, challenges the trial court’s summary judgment rendered in favor of appellees, Omar Escobar et al., in a declaratory judgment action. We affirm.

2

I. BACKGROUND

In 1991, Garcia and Eustorgio Guzman Resendez were indicted for the capital murders of Ruben Piña, Gregorio Piña, Alejandro Garcia, and Juan Arguelles.... More...
   $0 (02-21-2014 - TX)

Konjit D. Girard v. AH4R I TX DFW, LLC

Appellee AH4R I TX DFW, LLC (AH4R) purchased the property occupied by pro se appellant Konjit D. Girard at a substitute trustee’s foreclosure sale and then, after it made a written demand for possession in a notice to vacate, filed an original petition for forcible entry and detainer when Girard failed to vacate the

1See Tex. R. App. P. 47.4.

2

premises. The justice of the p... More...
   $0 (02-20-2014 - TX)

Mark T. Fahlen v. Sutter Central Valley Hospitals, et al.

In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce... More...   $0 (02-20-2014 - CA)

The City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The sole issue presented in this appeal is whether a trial court has jurisdiction to award attorney’s fees under the Uniform Declaratory Judgments Act in a lawsuit filed against a city by developers seeking to enforce their vested rights under Chapter 245 of the Texas Local Government Code. Because we hold that the recovery of attorney’s fees from the city under the UDJA is incidental to and r... More...   $0 (02-19-2014 - TX)

In the Estate of Ramiro Aguilar, Jr., Deceased

This appeal arises from three probate court orders, namely: (1) an October 12, 2012 transfer order; (2) a January 11, 2013 order setting aside an out-of-county default judgment, dismissing the out-of-county case, and granting sanctions; and (3) a January 28, 2013 order granting sanctions. Appellant Anthony C. Aguilar raises fourteen issues on appeal, contending, in essence: (1) the probate court i... More...   $0 (02-19-2014 - TX)

The State ex rel. George Smith v. Industrial Commission of Ohio

{¶ 1} The Ohio State University appeals from a judgment of the Tenth District Court of Appeals that granted a writ of mandamus ordering the Industrial

SUPREME COURT OF OHIO

2

Commission to conduct a new adjudication of George Smith’s application requesting compensation for the scheduled loss of his vision and hearing pursuant to R.C. 4123.57(B).

{¶ 2} Smith has been... More...
   $0 (02-18-2014 - OH)

State of Florida v. Michael Dunn

The State of Florida charged Michael Dunn, age 47, with one count of first-degree murder, three counts of attempted second-degree murder and shooting for throwing deadly missle for shooting at an SUV occupied by four teenage African-American males, includinng 17-year-old Jordan Davis on November 23, 2012.

Davis and his companions has stopped at a convenience store to purchase gum and ciga... More...
   $0 (02-15-2014 - FL)

Andrew R. Briggeman v. Candace L. Hargrove

¶1 In this post-paternity, custody modification proceeding, Defendant/Appellant, Candace L. Hargrove (Mother), appeals from the trial court's order dated February 29, 2012, which found the trial court lacked jurisdiction to consider Mother's application for attorneys fees and costs. The trial court held the Oklahoma Supreme Court's order entered in Case No. 109,239 prohibits Mother from bringing ... More...   $0 (02-14-2014 - OK)

Sergio Amezcua v. The Eighth Judicial District Court of the State of Nevada

The right to a jury trial under the Sixth Amendment to the United States Constitution depends on whether an offense is "petty" or "serious." In this original proceeding, we consider whether certain collateral consequences of a conviction for first-offense domestic battery, such as an evidentiary presumption in child custody and dependency actions, limitations on the right to possess a firearm, and... More...   $0 (02-13-2014 - NV)

In re Roman Catholic Diocese of Albany, New York, Inc.

Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di... More...   $0 (02-08-2014 - VT)

ANDREW R. BRIGGEMAN, Plaintiff/Appellee, v. CANDACE L. HARGROVE, Defendant/Appellant.

1 In this post-paternity, custody modification proceeding, Defendant/Appellant, Candace L. Hargrove (Mother), appeals from the trial court's order dated February 29, 2012, which found the trial court lacked jurisdiction to consider Mother's application for attorneys fees and costs. The trial court held the Oklahoma Supreme Court's order entered in Case No. 109,239 prohibits Mother from bringing t... More...   $0 (02-04-2014 - OK)

Tim Pritchett v. Gold's Gym Franchising, LLC

Tim Pritchett brings this interlocutory appeal of the trial court’s order denying his special appearance in this suit for breach of a guaranty agreement brought by Gold’s Gym Franchising, LLC. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2013). Pritchett brings two issues on appeal contending the trial court erred by denying his special appearance (1) because Gold’s Gym’s a... More...   $0 (02-04-2014 - TX)

Grant Reynolds v. City of Calistoga

Grant Reynolds, proceeding pro se, brought a public trust action challenging operation of a reservoir by the City of Calistoga (City) insofar as that operation affected downstream fisheries (the Public Trust Suit). He then initiated a second action, the matter on appeal here, challenging the City’s use of Napa County sales tax revenue (the Tax Suit). He purported to bring the Tax Suit in the pu... More...   $0 (02-03-2014 - CA)

Citizens Property Insurance Corporration

Citizens Property Insurance Corporation ("Citizens") seeks certiorari review of the trial court's order denying it a stay pending neutral evaluation of the sinkhole claim that forms the basis for the underlying lawsuit. Citizens argues that the statute governing neutral evaluation mandates a stay of court proceedings and that the statutory right to neutral evaluation cannot be waived by participat... More...   $0 (01-31-2014 - FL)

Lisa St. Mary v. Thomas Schellenberg

Petitioner Lisa St. Mary (St. Mary) brought an action below for damages, alleging fraud and other claims arising out of an investment of $475,000. She sued, among others, Thomas Schellenberg and his wife, Katherine Mills. (Schellenberg and Mills are sometimes referred to herein collectively as real parties in interest, or real parties.) Schellenberg and Mills each propounded requests for admission... More...   $0 (01-31-2014 - CA)

Cecil Mathews v. Michael D. Crews

Petitioner Cecil Mathews has filed a petition for writ of mandamus in this Court. Although the Florida Constitution authorizes this Court to issue “writs of mandamus,” art. V, § 3(b)(8), Fla. Const., the basis for this Court to exercise this original extraordinary writ jurisdiction is extremely limited. We dismiss Mathews’ petition for writ of mandamus as unauthorized, as Mathews seeks to r... More...   $0 (01-23-2014 - FL)

Michael Thornbrough v. Western Pacer Unified School District

Michael Thornbrough appeals from a judgment denying his mandamus petition, which sought to overturn his dismissal as an Assistant Director of Maintenance for the Western Placer Unified School District (District). On appeal, Thornbrough raises a number of issues, including principally claims of notice violations at the underlying administrative hearing, bias by the hearing officer, and the improper... More...   $0 (01-22-2014 - CA)

Veronica Gonzalez v. Santa Clara County Department of Social Services

Appellant Veronica Gonzalez (Mother) was reported for child abuse after she spanked her 12-year old daughter, A.P. (Daughter), using a wooden spoon with enough force to produce visible bruises. The Santa Clara Department of Social Services (Department) concluded that the report was “substantiated,” and submitted it to the state Department of Justice for inclusion in the Child Abuse Central Ind... More...   $0 (01-21-2014 - CA)

Raquel Pascoal Wiliams v. Secretary, U.S. Department of Homeland Security

Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become a legal permanent resident. Her appeal raises a novel issue of statutory interpretation: whether the remar... More...   $0 (01-17-2014 - FL)

Rose Griego v. Maggie Toulouse Oliver

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

Judith K. Schermer v. Municipal Building Commission

Judith K. and Daniel W. Schermer represent four security guards suing the
Municipal Building Commission for unlawful termination. The Commission, created
by statute, supervises public buildings in Minneapolis. In 2011, the Commission
terminated the employment of the guards. They sued the Commission for violating
Minn. Stat. § 383B.751 and 42 U.S.C. § 1983. The Schermers represent... More...
   $0 (01-09-2014 - OK)

Drew C. Hartley v. Eighth Judicial Court Court of Union County

We reverse the trial court’s order denying appellant’s petition for writ of mandamus and declaring appellant to be a vexatious litigant. We affirm the court’s order denying appellant’s motion for disqualification, which was legally insufficient.

The trial court erred as a matter of law by finding that appellant had “failed to allege that he has made the [lower] court aware of the ... More...
   $0 (01-03-2014 - FL)

H. Scott Summers vs. Bree Shaw and Lindsay Gravett

H. Scott Summers appeals the trial court’s judgment denying his petition for declaratory judgment. He asserts that the court erred in finding that the county clerk of Schuyler County had authority to place the office of prosecuting attorney on the 2012 election ballot because that office was not up for election until 2014 under section 105.050, RSMo 2000. The judgment is reversed, and the case i... More...   $0 (12-24-2013 - MO)

State of Missouri, ex rel. Red Cross Pharmacy, Inc. v. The Honorable Larry D. Harman

Relator Red Cross Pharmacy, Inc. seeks a writ of mandamus ordering the Respondent, Judge Larry D. Harman, to dismiss without prejudice the claim asserted against the Pharmacy in the underlying action pending in the circuit court. The Pharmacy argues that dismissal is required because the plaintiff in the underlying case failed to file a timely and sufficient health-care affidavit with respect to t... More...   $0 (12-24-2013 - MO)

Joanna Bartlett v. Mary Lou Cameron

{1} Petitioners are retired teachers, professors and other public education employees (collectively, Retirees) who seek a writ of mandamus against the New Mexico Education Retirement Board (ERB), which administers their retirement plan under the Educational Retirement Act (ERA). See NMSA 1978, § 22-11-6 (2011) (describing the powers and duties of the ERB); see also NMSA 1978, §§ 22-11-11 to -15... More...   $0 (12-19-2013 - NM)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher