Partition Law
 
In re Kathleen M. Grant v. John D. Grant

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec... More...
   $0 (05-23-2017 - WA)

Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...
   $0 (05-23-2017 - TX)

Ronald Lenn v. Lane County

In this writ of review proceeding, petitioners Ronald
and Kathleen Lenn appeal a judgment of the circuit court
upholding Lane County’s partition of respondent Bottem’s
property and approval of a second home site on that property
under Measure 49 (2007). Petitioners contended in
the trial court that the county erred in approving the partition
because it depends on access fro... More...
   $0 (05-17-2017 - OR)

Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join... More...
   $0 (02-16-2017 - TX)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

United States of America v. Jose Lemus

San Jose, CA - Salinas Resident Sentenced To Four And A Half Years In Prison For Bank Robbery

Jose Lemus was sentenced today to serve 54 months in prison for his role in an armed bank robbery, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence, handed down today by the Honorable Lucy H. Koh, District ... More...
   $0 (01-11-2017 - CA)

COMMONWEALTH vs. KRISTOPHER GRIFFIN Case No. - SJC-11524

In the late evening or early morning of July 23 and 24, 2009, the defendant broke into the house where his six year old daughter lived with the defendant's former girl friend and slit his daughter's throat, causing her death.

1 Justices Spina and Duffly participated in the deliberation on this case prior to their retirem... More...
   $0 (11-04-2016 - )

Christy Allane Rodriguez v. The State of Texas

Rodriguez was charged by indictment alleging in relevant part that, “with intent to
assault, harass, or alarm,” she caused Denison police officer Holly Jenkins “to contact
[Rodriguez’s] saliva” while Jenkins was effecting Rodriguez’s arrest. See TEX. PENAL CODE
ANN. § 22.11(a)(2) (West Supp. 2015). The charge arose after Rodriguez spit on Jenkins
numerous times while Jenkins ... More...
   $0 (08-04-2016 - TX)

Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h... More...
   $0 (08-02-2016 - TX)

RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

In the Matter of the Estate of Marion M. Kay Edward D. Sullivan, as Personal Representative of the Estate of Marion M. Kay v. Martha Brown and Mary Moses

This appeal arises out of Appellant's administration of the Estate of Marion Milam Kay who passed away on May 3, 2007. In her last will and testament, Kay appointed Appellant to serve as her personal representative (PR). As PR for the Estate, Appellant was charged with the responsibility of distributing Kay's assets, and in turn, Kay's will granted Appellant "reasonable compensation for the ser... More...   $0 (06-22-2016 - SC)

John Belork v. Robin Latimer, Davis Township Trustee and DMK&H Farms, Inc

Belork is the owner of real property in Starke County, Indiana, which he uses in
part to raise cattle. Jan Ferch is the owner of real property along the eastern
boundary of Belork’s property, and Ferch’s farming operation includes grain
production. DMK&H is the owner of real property along the southern
boundary of Belork’s property, and its farming operation includes grain More...
   $0 (05-06-2016 - IN)

Sharon Kay Wiley, et al. v. James Leslie Zachary, et al.

Walters, OK - Sharon Kay Wiley, et al. v. James Leslie Zachary, et al.

Issues

1. PARTITION SUIT

2. QUIET TITLE

Docket
Date Code Description Count Party Amount
04-18-2016

FILE AND ENTER PETITION

Document Available (#CJ-2016-00015~1) Download document in TIFF format.TIFF Download document in PDF format.PDF
$ 163.0... More...
   $0 (04-18-2016 - OK)

Larry Long and Woodbine Production Corporation v. Miken Oil, Inc. and Mike Tate

On September 1, 2000, Bonanza Production Company conveyed its interests in two oil and gas leases, known as the Young and Thrash leases, to Long and Tate. By this conveyance, Tate and Long purchased a seven-eighths interest in the two leases. The instrument expressly stated that the interests conveyed are to be divided equally between Tate and Long. Woodbine Production Corporation was the opera... More...   $0 (03-20-2016 - TX)

STATE OF IOWA vs. RANDALL LEE LAMOREUX

After being arrested, the defendant phoned an attorney and consulted with that attorney in a jail booking room. The room had visible audio and video monitoring. The attorney was aware of the audio and video systems and took no steps to disable them or request another room. We are asked to decide whether Iowa Code section 804.20 (2013) provides relief to the defendant under these circumstances. ... More...   $0 (02-21-2016 - IA)

STATE OF CONNECTICUT v. JACQUES LOUIS

The defendant, Jacques Louis, appeals from the judgment of conviction, rendered after a jury trial, of one count of conspiracy to commit robbery in the first degree with a deadly weapon in violation of General Statutes §§ 53a-48 (a)1 and 53a-134 (a) (2)2 and one count of conspiracy to commit robbery in the seconddegreeinviolationof§ 53a-48andGeneralStatutes (Rev. to 2011) § 53a-135 (a) (1).3 On ap... More...   $0 (02-01-2016 - CT)

State of Ohio v. Craig Myers

Craig Myers was an inmate at the Wood County Justice Center, awaiting
trial for the July 16, 2011 abduction and felonious assault of his former girlfriend. In
December of 2012, attorney William Hayes was appointed by the trial court to represent
Myers. He estimates that he was the fourth attorney appointed to Myers’ case.
{¶ 3} On February 21, 2013, after receiving numerous ... More...
   $0 (01-22-2016 - OH)

State of Tennessee v. Elvis Strickland

The defendant was indicted for aggravated arson as a result of his throwing a “Molotov cocktail” into Coda’s Liquor Store in Memphis, Tennessee, on May 31, 2013. Malvin Osborne testified that he was working as a clerk at Coda’s Liquor Store on the night in question when he received a complaint from a customer that caused him to go outside into the parking lot. Mr. Osborne observed the defendant ... More...   $0 (12-23-2015 - TN)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖)
for a limited purpose. After raising money from investors, the Partnership would
purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial
public offering. Preferably once Facebook had completed a successful IPO, the
Partnership would distribute to its inve... More...
   $0 (12-20-2015 - DE)

Memphis Bonding Company, Inc. v. Criminal Court of Tennessee 30th District, et al.

Memphis Bonding Company, Inc. (“MBC”) is a bail bond company doing
business in Shelby County, Tennessee. On February 23, 2015, MBC filed a sworn petition for injunctive relief and declaratory judgment in the chancery court of Shelby County, naming as defendants the Criminal Court of Tennessee for the Thirtieth Judicial District and each of its ten judges, who were named in their capacity as ... More...
   $0 (11-26-2015 - tn)

GLADNEY v. BUGHER

Prisoners in Indiana custody may not be deprived of good-time credits, Cochran v. Buss,
381 F.3d 637, 639 (7th Cir. 2004) (per curiam), or of credit-earning class, Montgomery v.
Anderson, 262 F.3d 641, 644-45 (7th Cir. 2001), without due process. The due process
requirement is satisfied with the issuance of advance written notice of the charges, a limited
opportunity to presen... More...
   $0 (11-21-2015 - IN)

Mark and D'Nella Sherbet v. Rafaella Bender

Appellants Mark and D’Nella Sherbet appeal from the trial court’s judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the right ... More...   $0 (11-16-2015 - TX)

David Loppi v. United Investors Life Insurance Co. et al

In 2003, Robert Loppi purchased a life insurance policy from United Investors Life
Insurance Co. (United Investors), in which, the parties agree, he initially named his wife,
Marilyn Loppi, as the beneficiary. In 2008, Marilyn2 filed for divorce from Robert. On July 19,
2008, Robert was served with the summons and complaint in that divorce action. However, on
July 17, 2008, ... More...
   $0 (11-16-2015 - NJ)

Harry Oliver Winkenhower v. George Allan Smith, independent executor of the Estate of Lyda Catherine Smith, Deceased

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellant’s counterclaims, which the trial court granted. The trial court later signed a De... More...   $0 (11-10-2015 - TX)

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