The underlying cause was severed from another cause. As a result of the severance, the only issue in the underlying cause is whether the appellants are entitled to damages for royalties that allegedly were owed to the appellants but paid to the appellees. The appellees moved for a no-evidence summary judgment which the trial court granted. We reverse the trial court’s judgment and remand the cau

Caroldean Sixkiller and NELLIE DAUGHERTY NOW CHUCULATE, FULLBLOOD CHEROKEE ROLL NO 19228
SAM CHUCULATE AND LULA JONES the foregoing, if living but if deceased, then the heirs, executors,
trustees, devisees and assigns of such deceased person; THE UNKNOWN SUCCESSORS OF RONALD
JOE DIXON DOLLAR DECEASED AND The heirs, executors, administrators, trustees, devisees and assigns of HENRY

Cindy Abbott and her adult son Travis Abbott (collectively, the Abbotts) brought this action under 42 U.S.C. § 1983 against Sangamon County, Sheriff Neil Williamson, and Deputy Troy Sweeney, each asserting Fourth Amendment claims of false arrest, false imprisonment, and excessive force. The district court granted summary judgment for Deputy Sweeney on all claims, and the County and Sheriff Willia

In the case under review, we are required to interpret the provisions of a marital settlement agreement (MSA) which apportioned the military retirement benefits of Henry Toussaint, the former husband, appellee. Norma Toussaint, the former wife, appeals a final order interpreting the subject provision of the MSA, described by the trial court as unambiguous, to limit the portion of the military reti

Appellant Gerald Byron Barras appeals from a final decree of divorce ordering him to pay appellee Leslea Loring Barras $125,000, to be represented by a promissory note and secured by a deed of trust against Gerald’s separate property, and ordering his separate estate to reimburse the community estate for $154,073 as part of the property division. On appeal, Gerald argues that (1) the trial court

Marian Delancey and Curtis Delancey filed a petition and counter-petition for divorce. After a bench trial, the court granted the divorce and divided the parties' property. In a previous appeal, Curtis (1) complained of various aspects of the divorce decree. This Court reversed the portion of the decree dividing the community estate and remanded the cause for a new property division. See Delancey

Theodore M. Alosi appeals the judgment of the trial court that denied his motion to modify child support and awarded $15,000 in attorney‟s fees to Kimberly DeGennaro. Because no final appealable judgment was entered, this appeal is dismissed.

Factual and Procedural Background

Alosi and DeGennaro were never married. They have two children, Jacob (born in October 2002) and Emma (bor

In this post-divorce division of marital property case, appellant, Cynthia Fleming (“Cindy�), petitioned the trial court to divide alleged community assets that the court did not divide in the original divorce decree dissolving her marriage to appellee, Davis Fleming (“Davis�). The trial court denied this petition and refused to divide the alleged marital assets. In two issues, Cindy conte

We overrule the motion for rehearing, withdraw our opinion dated September 25, 2012, and issue this substitute opinion. This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court held that appellee Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in

Stacy J. Williams appeals from the trial court’s rendition of judgment in a suit brought by T. Nichole Mai for partition of 54 acres of real property. Mai also claimed damages from being ousted from the property. Williams counterclaimed for damages for Mai’s failure to contribute towards the necessary expenditures to preserve the property after Mai left the property in 2006. After a bench tria

Tom and Marie McKenna (McKenna) appeal the summary judgment entered in favor of J. Daniel Caldwell (Caldwell) in a dispute over an express easement. McKenna argues that the trial court erred when it granted summary judgment because the issue of whether the terms of the easement prohibit a gate or a cattle guard is a question of fact that cannot be resolved by summary judgment. Alternatively, McK

On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B-34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property�). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating:

This letter is to inform you that tha [si

{1} “There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property.� 2 William Blackstone, Commentaries on the Laws of England 2 (Univ. of Chicago Press ed. 1979) (1766). The property that has captured the affections of the litigants in this case is a parcel of land located in San Juan County with productive oil and gas wells there

This case involves a dispute over the ownership of and profits derived from a hotel property. In its final judgment, the trial court granted declaratory relief to appellee Chao Kuan Lee while finding his trespass to try title claim moot. The court further held that Chao Kuan Lee and Henry Wu, the latter on behalf of appellant I-10 Colony, Inc., each owned an undivided 50 percent interest in the pr

Marvin Hansford was named and served as a defendant in a real property partition action in Shawnee County. Although he did not respond to the partition petition and failed to claim that he was the sole owner of any of the legally described property, he later sought to establish a claim to a portion of the partitioned land against its purchaser. The district court granted the purchaser's motion fo

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec

The appellants, former unit owners at Ocean Beach Resort Condominium (“Condo�), seek to reverse the trial court’s order involuntarily dismissing, with prejudice, their claims against Citizens Property Insurance Corporation (“Citizens�) and vacating the order certifying the unit owners as a class, and to remand for a new trial. We review de novo the order dismissing the complaint with pre

On May 3, 2010, the trial court entered its final decree of divorce between Dustin McClain Smallridge and Patricia Robin Smallridge.[1] Insofar as the issues in this appeal are concerned, the trial court appointed Dustin and Patricia joint managing conservators of their three children, C.M.S. and C.M.S., who are twins, and E.N.S. Patricia was awarded the sole right to establish the primary resi

Baker’s Campground Inc., Kelli Graves, and Kourtnie Graves (Graves) filed suit against Anthony and Cheryl McCalla alleging cloud on title and slander on title based upon the McCallas recording a “Notice of Settlement Agreement� in the Johnson County deed records. On October 23, 2008, the trial court granted the McCallas’ partial motion for summary judgment. On April 21, 2011, the trial cou

Appellants appeal a partial summary judgment in favor of Appellee and the judgment of the trial court in granting Appellee’s petition for partition.[1] Appellants bring six issues: (1) error in the trial court’s granting of partial summary judgment; (2) error in the trial court’s ruling on the effects of a partition deed on a determinable fee or other special conditions and the warranty el

This case requires us to determine whether a life insurance agent owes a duty of care to the intended beneficiary of a life insurance policy. Additionally, we must decide whether a life insurance agent can be liable for negligent misrepresentation when he provides information to the insured and the intended beneficiary regarding the beneficiary designation listed on the life insurance policy. If w

Plaintiff appeals as of right an order granting defendants’ motion for summary disposition. We affirm.

Plaintiff argues that the trial court erred in granting summary disposition to defendants because the MacDonald1 line of cases is inapplicable when defendants are not merchants.

Plaintiff also argues that defendants’ duty of care arose under a master-servant relationship because

Plaintiff appeals as of right an order granting defendant’s motion for summary disposition in this negligence action. We reverse and remand for further proceedings.

Plaintiff was riding her bicycle along the sidewalk when the sidewalk abruptly ended, causing her to flip headfirst over the handlebars and suffer injuries. The sidewalk was in the process of excavation being conducted by defe

The appeal arises from a divorce proceeding involving Javier Mora and Anna Mora. The only two issues on which Javier presents argument in his brief are whether the trial court: (1) erred in refusing to enforce the parties’ marital agreement pursuant to section 4.102 of the Texas Family Code; and (2) abused its discretion in admitting testimony of an expert witness regarding the value of Javierâ€