Replevin Law
 
Kendall Tucker v. Karl Williams

After investigating a report that Kendall Tucker was in possession of a stolen backhoe, Karl Williams, a state law enforcement investigator, seized the backhoe without a warrant. Tucker brought a civil rights action in district court, claiming that his rights under the Fourth Amendment and Due Process Clause were violated. The district court disagreed and dismissed Tucker’s claims on summary jud

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Robert S. Cochran, Jr. v. Griffith Energy Services, Inc.

In this case, we apply the principles of res judicata in deciding whether a pair of adult children (“Petitioners”) may proceed with a lawsuit against an energy company that spilled heating oil in their parents’ home. Their parents (“Cochran Parents” or “Parents”) had previously sued Griffith Energy Services (“Griffith”), the same company, and won a judgment after a jury trial.

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Charles W. Parsons v. Shonda Klingamon

¶1 Appellant State of Oklahoma DHS ex rel. Oklahoma Child Support Services (DHS) appeals an order of the small claims court denying its motion to vacate/motion for new trial. The court's underlying judgment awarded a father $2,500 for what he alleged he was owed for child support payments. Because the matter was not within the small claims court's jurisdiction, we reverse.

FACTS

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Chip Dave v. Bill Valdez

[¶1] Chip Dave (the appellant) purchased a car on eBay. Before he took possession of the vehicle, the seller sold it to another buyer, Bill Valdez (the appellee). The appellant filed a complaint against the appellee citing a number of causes of action, including replevin. Following the appellee’s failure to respond to the appellant’s second amended complaint, a default judgment was entered an

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Sleepy Hollow Ranch, LLC v. Priscilla Robinson

In this consolidated appeal, Sleepy Hollow Ranch, LLC, the Estate of Buenos (“Jim”) C. Blunk (“the Estate”), and the “[Jim] & Mary M. Blunk Living Trust, dtd 8-18-03” (“the Trust”) (collectively “Appellants”) appeal from the trial court’s “AMENDED JUDGMENT.”1 They bring five points of trial court error based on the trial court’s determination of issues in favor of Prisc

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Sandy S. Peebles v. Laura S. Arnold

¶1 HOOVER, P.J.[1] Sandy Peebles[2] appeals an order dismissing her small claims action and awarding ownership of a dog to Laura Arnold. On appeal, Peebles argues the evidence shows she is the dog’s rightful owner. We affirm.

¶2 On August 25, 2011, Peebles brought a small claims action against Arnold, seeking the return of Lexi, a dog that had been living with Arnold s

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Julie A. Smith v. LaFayette Bank & Trust Company

Julie Smith sued Lafayette Bank & Trust Company (“Bank”), alleging age discrimination and retaliation in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq. The Bank thereafter filed a counterclaim against Smith, alleging breach of the Indiana Trade Secrets Act, Indiana Code §§ 24-2-3-1 et seq., civil and criminal conversion regarding the Ba

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C. Marcus McCafferty v. Joe Sunderwirth

C. Marcus McCafferty and Larry Cheatham, Jr. sued Joe Sunderwirth on a breach of contract theory.

Plaintiff alleged that in August 2002, they entered into a contract with Defendant to preserve Defendant's gun collection from sale through Bankruptcy Court.

Defendant alleged to be an obsessive collector. People with the illness cannot stand to part with their collections. His guns we

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Erin Williamson v. Governmental Employees Insurance Co.

2 Plaintiff appeals a supplemental judgment denying her attorney fees,
3 challenging the trial court's rejection of her exceptions, ORS 36.425(6), to the arbitrator's
4 denial of her fee petition. The trial court sustained the arbitrator's determination that
5 plaintiff had no entitlement to attorney fees under ORS 20.080 and further held that,
6 because plaintiff had not invoked O

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Fintube, LLC v. Sanat Shetty and Victory Energy Operations, LLC

Fintube, LLC sued Sanat Shetty and Victory Energy Operations, LLC on breach of contract theories seeking replevin of personal property and temporary, preliminary and permanent injunctions.

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Hany Malek v. Michael M. Koshak

The trial court found defendant and appellant Hany Malek (Malek) guilty on 10 charges of indirect contempt. In addition to imposing jail time and fines, as well as ordering him to pay attorney fees, the trial court ordered Malek to pay $1.7 million in restitution to a receivership based on what the trial court considered its inherent power to control the proceedings before it and enforce its prior

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Ronnie Walters v. Carl Wolf

SMITH, Circuit Judge. Ronnie Walters brought this 42 U.S.C. § 1983 action against the City of Hazelwood, Missouri, ("the City") and Hazelwood Chief of Police Carl Wolf, alleging that they (1) deprived him of his property, namely a handgun and its ammunition, without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution; and (2) through the same

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Troy L. Kimble v. Linda C. Kimble

¶1 The issue presented is whether the trial court, in a small claims proceeding without a jury, may apply the applicable statute of limitations, or other rules of law, to the evidence adduced at the small claims proceeding in resolving in the case before it. The public policy goal of the Small Claims Procedure Act1 is to provide an informal and uncomplicated mechanism for inexpensive and speedy j

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Marsha Criner v. Donna Reddell

At issue in this appeal are various items of real and personal property owned by appellee Donna B. Reddell and her deceased husband, Willard D. Reddell. Appellant Marsha Criner is one of the decedent’s two surviving children and the stepdaughter of appellee. The Boone County Circuit Court set aside a deed from the decedent and appellee to appellant on the basis that appellee lacked the intent to

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Joe Roundtree v. Dough Henton d/b/a D & L Engine & Hydraulics

Joes Roundtree sued Doug Henton d/b/a D & L Engine & Hydraulics on replevin and damage theories claiming that Defendant would not complete agreed upon work on his Kubota Tractor and would return the tractor in good operating order.

More...   $1 (08-12-2011 - OK)

Frannie Walden v. Kayce Brians

Frannie Walden sued Kayce Brians on a breach of contract theory. Defendant counterclaimed on replevin, conversion, breach of constructive trust, breach of implied contact and unjust enrichment.

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Odette Rogers v. Bob Bailey

¶1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferr

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Anthony Smith v. Lewis Auto Body

[¶1] Appellant, Anthony Smith, appeals from an Order and Judgment awarding damages to Appellee, Lewis Auto Body, for costs incurred in connection with the repair and storage of his vehicle. Mr. Smith contends the district court erred in awarding damages for storage beyond the date that his insurer demanded release of the vehicle.

We reverse.

ISSUE

[¶2] Mr. Smith presents the

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Girl Scouts-Western Oklahoma Inc. v. Barringer-Thomson

¶1 The defendant/appellant Marilyn Barringer-Thomson (Attorney) is an attorney who represented Girl Scouts-Sooner Council, Inc. (Sooner) on employee severance and other matters related to employees of Sooner.1 Subsequently, Sooner merged with Girl Scouts-Red Lands Council, Inc. (Red Lands) and the surviving corporation is the plaintiff/appellee, Girl Scouts-Western Oklahoma, Inc. (Western). Weste

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Elizabeth D. Benson v. Joseph F. Harrell

This appeal arises from a civil case in which plaintiffs, Benson and Blair, alleged that defendant had breached an agreement to purchase a truck from them. The case was sent to mandatory court-annexed arbitration, where defendant eventually prevailed and was awarded attorney fees. Accordingly, the trial court entered a general judgment pursuant to which plaintiffs were to pay defendant the sum of

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C.I.T. Financial Services v. Premier Corporation

¶1 The occupant of a double wide mobile home went bankrupt. This lawsuit is between two creditors, each claiming a lien against the mobile home. If we determine the mobile home to be personal property then the original purchase money lender will prevail unless its lien has lapsed. If we determine it to be a part of the real estate then the later mortgagee (who had no notice of the earlier transac

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Akers v. Hintergardt

¶1 In 1944, defendant, Effie M. Akers, filed an action in the district court of Texas county against the plaintiffs in this action, to quiet title to certain lots in block 51 of the original town of Hooker, Texas county, Oklahoma, and the basis of her claim was a resale tax deed issued by the county treasurer of Texas county. A trial was had, and the plaintiffs in this action, the Hintergardts, w

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Farm Credit Services of America, Inc. v. Daniel M. Wilson

¶1 In this action for foreclosure of security interest and an order of delivery, Plaintiff/Appellant, Farm Credit Services of America, Inc., a Nebraska Corporation (Farm Credit), seeks review of the trial court's order granting summary judgment to Defendants/Appellees, Daniel M. Wilson and Nancy L. Wilson. For the reasons set forth below, we reverse and remand for further proceedings.

¶2

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Ruffian, L.L.C. v. D. Thomas Haynes

{¶1} Defendant-appellant, D. Thomas Hayes ("Hayes" or "appellant"), appeals the judgment granted by the Franklin County Court of Common Pleas in favor of plaintiffappellee, Ruffian, LLC ("Ruffian" or "appellee"), enforcing a settlement agreement and awarding attorney fees and expenses for frivolous conduct in accordance with R.C. 2323.51. For the reasons that follow, we affirm in part and reverse

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Falls Motor City, Inc. v. Tracey Darvoich

{¶1} Defendant-Appellant, Tracey Darovich, appeals from the judgment of the Summit County Court of Common Pleas in favor of Falls Motor City, Inc. dba Falls Chrysler Jeep Dodge (“Falls Motor City”). This Court affirms.

I

{¶2} This Court set forth the factual and procedural history of this case in Darovich’s first appeal as follows:

“In May 2008, Darovich sought to pu

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AK Morlan
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