Mandamus Law
 
RCS Enterprises, LP and James Martin Montgomery v. Darrell G. Hilton and Debbie L. Hilton

Appellants RCS Enterprises, LP (RCS) and James Martin Montgomery filed a motion to dismiss the lawsuit brought against them by Appellees Darrell G. Hilton and Debbie L. Hilton. The trial court denied that motion, and RCS and Montgomery now appeal. They alternately seek a writ of mandamus ordering the trial court to not consider the Hiltons’ supplemental expert affidavit. Because we

1See T... More...
   $0 (12-19-2013 - TX)

Kevin Glenn Schronk, Individually and as Representative of the Estate of Helen Patricia Schronk, Deceased and Dustin Schronk v. Laerdal Medical Corporation

In four issues, appellants, Kevin Schronk, individually and as representative of the estate of Helen Schronk, deceased, and Dustin Schronk, challenge the trial court’s

Schronk v. Laerdal Medical Corporation Page 2

evidentiary decisions and granting of a summary judgment in favor of appellee, Laerdal

Medical Corporation. We affirm.1

I. BACKGROUND

This is the thi... More...
   $0 (12-12-2013 - TX)

Lorraine White v. City of Elk River

1. A municipality may terminate a nonconforming use of land in accordance with Minn. Stat. § 462.357, subds. 1d-1e (2012) or Minn. Stat. § 465.01 (2012). But a

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municipality lacks the authority to terminate a nonconforming use by requiring the property owner to obtain a conditional-use permit to continue the use and then revoking the conditional-use permit. Respondent therefore la... More...
   $0 (12-04-2013 - MN)

Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

Donald McKee v. Esther Jacobo

Donald McKee, an involuntarily committed sexually violent offender, is presently in the custody of appellee, Esther Jacobo, as Interim Secretary of the Department of Children & Family Services (DCF). He is being held at the Florida Civil Commitment Center, which is operated by a private enterprise under the auspices of

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DCF. Having a myriad of complaints pertaining to both the q... More...
   $0 (12-04-2013 - FL)

Ellen Frye v. County of Butte

In two cases, animal control officers seized horses they believed to be at risk. The proceedings leading to the consolidated appeals now before us are convoluted.

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Penal Code section 597.1 (§ 597.1) provides: “When [an animal control] officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety... More...
   $0 (12-01-2013 - CA)

ARBUCKLE SIMPSON AQUIFER PROTECTION FEDERATION OF OKLAHOMA, INC., Petitioner, v. THE OKLAHOMA WATER RESOURCES BOARD, J.D. STRONG, EMILY MEAZELL, FORD DRUMMOND, LINDA LAMBERT, TOM BUCHANAN, BON DRAKE, ED FITE, MARILYN FEAVER, RUDOLF JOHN HERMANN, JASON HITCH, and RICHARD SEVENOAKS, Respondents.

¶1 The proceedings in question concern the Arbuckle Simpson Aquifer Maximum Annual Yield (MAY) determination, made by OWRB on March 13, 2012. Pursuant to 82 O.S. 2011 § 1020.6, once the OWRB has set a tentative maximum annual yield for a groundwater basin or subbasin, it is required to call and hold hearings at centrally located places where any interested parties shall have the right to present... More...   $0 (11-28-2013 - )

Terry Cline v. Oklahoma Coalition for Reproductive Justice

¶1 The Supreme Court of the United States certified two questions of Oklahoma law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§ 1601-1611:

Whether H.B. No. 1970, Section 1, Chapter 216, O.S.L. 2011 prohibits: (1) the use of misoprostol to induce abortions, including the use of misoprostol in conjunction with mifepristone according to a protocol approv... More...
   $0 (11-14-2013 - OK)

Michelle K. v. Harbor Development Disabilities Foundation

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelle... More...   $0 (11-13-2013 - CA)

Sim Pich v. Will Lightbourne

A new computer system changed the way public welfare benefits are administered. The system automatically terminates or reduces aid if the recipient fails to submit required eligibility reports within certain deadlines unless the case worker inputs the required information upon the recipient’s ultimate submittal.

Plaintiffs alleged this feature of the computer system results in thousands o... More...
   $0 (11-13-2013 - CA)

Michelle K. v. Harbor Developmental Disabilities Foundation

Petitioner Michelle K., an incompetent person, by George K.,1 her conservator, seeks writ relief to prevent the trial court from conducting an evidentiary hearing on (1) a habeas corpus petition the Orange County Public Defender (Public Defender) filed on Michelle‟s behalf to obtain her release from Fairview Developmental Center (Fairview), and (2) a periodic judicial review on whether Michelle... More...   $0 (11-08-2013 - CA)

Tramel R. Bracey v. City of Killeen, Texas; and Police Chief Dennis Baldwin

This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin... More...   $0 (11-06-2013 - TX)

United States of America v. William Leonard Pickard

Defendants-Appellants William Pickard and Clyde Apperson appeal the district court’s decision to deny their motion to unseal the Drug Enforcement Administration

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(“DEA”)’s file on one of its confidential informants. Having jurisdiction under 28 U.S.C. § 1291, we conclude the district court erred in the manner in which it denied Defendants’ motion to unseal the file, for t... More...
   $0 (11-05-2013 - KS)

Esther Anderson, Principal of Benson & Anderson, P.C. v. Meggin McCormick a/k/a Meghan McCormick, Administratrix of the Estate of Marilyn R. McCormick a/k/a Marahlyn R. McCormick, Deceased

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’... More...   $0 (10-31-2013 - TX)

Eric Carson Wynn v. Heather Johnson

In 2000, Eric Carson Wynn was convicted of aggravated sexual assault pursuant to his plea of guilty. Wynn v. State, No. 06-12-00103-CR, 2012 WL 4350440, at *1 (Tex. App.—Texarkana Sept. 24, 2012, pet. ref’d) (mem. op., not designated for publication). The “supporting evidence included Wynn’s DNA recovered from the person of the victim.” Id. Wynn believes DNA testing “of the child born ... More...   $0 (10-25-2013 - TX)

William Andrew Allen v. Tina Marie Bauer Allen

William Andrew Allen appeals pro se the trial court’s final decree of divorce. In three issues, he challenges the trial court’s refusal to file his initial pleading, division of property, and failure to establish paternity. For the reasons that follow, we affirm the trial court’s divorce decree.

FACTUAL AND PROCEDURAL BACKGROUND

William and Tina, 1 who is also acting pro se in ... More...
   $0 (10-23-2013 - TX)

All Towing Services, LLC v. City of Orange

All Towing Services LLC (All Towing) appeals from the summary judgment entered in favor of the City of Orange (city) and its city council members, Denis Bilodeau, Jon Dumitru, and Fred Whitaker on All Towing‟s conflict of interest claims arising from the award of a vehicle towing contract. All Towing contends triable issues of fact prevented summary judgment. As we explain, however, All Towing f... More...   $0 (10-22-2013 - CA)

Colony Cove Properties, LLC v. City of Carson

Appellant Colony Cove Properties, LLC, a Delaware limited liability company, is the owner of the Colony Cove Mobile Estates, a mobilehome park (the Park) containing approximately 400 spaces, located in respondent City of Carson (the City). At the time appellant purchased the Park, it was rent controlled.1 Appellant submitted applications for rent increases in September 2007 and again in September ... More...   $0 (10-21-2013 - CA)

Colin D. Mongrieff v. The Honorable M. John Kane

¶1 The issue presented to this Court is whether the district court erred in proceeding in the foreclosure suit below after the defendant filed a motion giving notice of the plaintiff corporation's suspension in June of 2000 for failure to pay corporate franchise taxes; for the eleven months that the plaintiff was on notice that its suspension was an issue in the suit, the corporation failed to be... More...   $0 (10-15-2013 - OK)

In the Interest of L.R and A.R

The mother of two minor children, L.R. and A.R., appeals the denial of her petition to modify the parent-child relationship. In a single issue, she contends that the trial court abused its discretion when it denied her discovery request for documents that she claims are relevant to the financial resources of the children’s father. See Tex. Fam. Code Ann. §§ 154.062, 154.067 (West 2008 & Supp. ... More...   $0 (10-01-2013 - TX)

Jonathan Clark Burk v. State of Oklahoma ex rel. Department of Corrections

¶1 The record indicates the Appellant, Jonathan Clark Burk (hereinafter "Burk") pled no contest to sex offenses in New Mexico on April 20, 1999.1 On May 20, 1999, Burk was sentenced to nine years incarceration with two years on parole on Count I and three years incarceration with two years on parole on Count II.2 All but four years of his sentence were suspended and upon his release Burk was to b... More...   $0 (10-01-2013 - OK)

Brayden Scott v. Oklahoma Secondary School Activities Association

¶1 The questions presented on appeal are whether the district court: 1) applied the incorrect standard of review in determining whether the actions of the Oklahoma Secondary School Activities Association (OSSAA) warranted the issuance of a permanent injunction; and 2) erred in its determination that there was no substantial likelihood of Petitioner Brayden Scott (Scott) prevailing on his claim th... More...   $0 (10-01-2013 - OK)

City of McKinney v. Hank's Restaurant Group, L.P.

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,... More...
   $0 (09-18-2013 - TX)

Jeffery Janner and Meg Janner v. Kelsey A. Richardson

Jeffery and Meg Janner filed a petition in intervention in their son Joel Neal Janner’s divorce proceeding, seeking access to their grandchild, D.K.J. Joel had died nearly seven months before the Janners sought to intervene in the case. The trial court, concluding that it had lost jurisdiction over the proceeding when Joel

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died, dismissed the Janners’ petition and the suit ... More...
   $0 (08-29-2013 - TX)

City of Houston v. Randall Kallinen and Paul Kubosh

This interlocutory appeal arises from a suit for writ of mandamus brought under the Texas Public Information Act (“TPIA”). Randall Kallinen and Paul Kubosh (“appellees”) filed a mandamus suit against the City of Houston (“the City”) seeking the public disclosure of various documents requested regarding the

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City’s red light camera installations. After a series of rulin... More...
   $0 (08-29-2013 - TX)

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