This is an appeal concerning the payment of funds deposited into the registry of the court to the wrong person. Appellants, the persons who were entitled to the funds, sued Denton County, the Denton County Judge, and the current and former Denton County District Clerks ("appellees") to recover the funds. The trial court sustained appellees' plea to the jurisdiction. We affirm in part and revers

Rafi M. Khan appeals the grant of summary judgment in favor of defendants New Frontier Media and Michael Weiner on Mr. Khan's claim for tortious interference with contractual relations. The district court ruled Mr. Khan's cause of action precluded by an earlier state court judgment. We reverse.(1) We review the grant of summary judgment de novo, applying the same standard as the district cour

We granted review to determine whether a city employee must exhaust both the administrative remedy that the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) (FEHA) provides and the internal remedy that a city charter requires before filing an FEHA disability discrimination claim in superior court. We conclude the employee need not exhaust both administrative remedies, a

In this appeal, Sandra Abraham (appellant) challenges a judgment of the superior court denying her petition for writ of administrative mandamus against the Workers' Compensation Appeals Board (WCAB). The City of Buena Park (the city), appellant's former employer, appeared as the real party in interest in the proceeding below. We affirm the judgment, finding the court was without jurisdiction

After a trust was joined in a dissolution action by stipulation of the parties and the wife filed a complaint against the trust in the dissolution action seeking to impose a constructive trust and seeking declaratory relief, the trust filed a cross-complaint against both husband and wife. The cross-complaint sought possession of personal property in wife's possession that was alleged to be tru

On April 25, 2001, appellant A.C.R., Jr. was adjudicated delinquent for third degree felony theft and placed on probation. See Tex. Penal Code Ann. § 31.03(e)(5) (Vernon Supp. 2004). On February 6, 2003, the State filed an amended petition to modify and extend disposition, alleging appellant had violated various terms of his probation. At the hearing on the petition to modify, appellant pleaded

The principal issue in this appeal is whether relief is available to a former spouse when a veteran unilaterally waives his military pension in order to receive disability benefits, resulting in the former spouse's loss of her community share in the pension. We conclude that, although courts are prohibited by federal law from determining veterans' disability pay to be community property, state

The plaintiff, JacQaus L. Martin, was committed to the custody of the Department of Correctional Services (DCS) on May 30, 1990, and is incarcerated at the Tecumseh State Correctional Institution (TSCI). Martin has been found guilty of misconduct at various disciplinary hearings and, as a result, has forfeited 32 months 15 days of good time. Of that time, forfeiture of 19 months 15 days was n

AFFIRMED Patrick A. Duncan ("Duncan") was killed in an automobile accident in Arkansas. The driver of the other vehicle, Jason Klein ("Klein"), resided in the State of Arkansas as did the insured, Dennis Honl ("Honl"), an employee of Fred C. Stoker & Sons, Inc. ("Stoker"). Stoker, a Tennessee corporation that engages in the manufacture and distribution of pouch tobacco, owned the automobil

On March 19, 2002, appellant, John Parker, filed an illegal exaction suit in Sebastian County Circuit Court against appellees, Jim Perry, David Hudson, Frank Atkinson, and Marcy Porter, in their official capacities as assessor, county judge, collector and treasurer for Sebastian County, Fort Smith School District, Westark Community College, a/k/a University of Arkansas at Fort Smith, the City o

This is a suit by Siegfried C. Messner ("Plaintiff") against his automobile insurer, American Union Insurance Company ("Defendant"). Plaintiff seeks damages based on the "underinsured" coverage of his policy and Defendant's vexatious refusal to pay. Plaintiff appeals from a judgment on the pleadings favorable to Defendant entered pursuant to Rule 55.27(b).(FN1)

Plaintiff argues the trial co

Class Actions: DaimlerChrysler Corporation has filed and argued an interlocutory appeal with this Court challenging the trial court's certification of two nationwide classes for purposes of suing DaimlerChrysler on claims arising out of its design, manufacture, marketing, and sale of automobiles equipped with defective seatbelts. On appeal, DaimlerChrysler argues that the certification orders m

Civil Rights: Giving new meaning to the automotive advertising slogans "The Ultimate Driving Machine"1 and "We've Got You Covered," 2 some luxury cars are now equipped with telecommunication devices that provide a set of innovative services to car owners. These on-board systems assist drivers in activities from the mundane - such as navigating an unfamiliar neighborhood or finding a nea

This case comes to us on an interlocutory appeal under 28 U.S.C. § 1292(b). At issue is the proper way to measure the amount in controversy, required for federal diversity jurisdiction under 28 U.S.C. § 1332, in the context of a suit seeking, inter alia, an equitable accounting. The district court held that the defendants' costs for performing the accounting may be considered in calculatin

Appellant Paul Livingston, an attorney at law representing himself on appeal, challenges the district court's order denying his motion for sanctions and attorney fees. He also appeals the order denying reconsideration. The only defendants-appellees involved in this appeal are employees, officials, or agencies of the State of New Mexico; they will be referred to as "the State defendants." Becaus

Real Estate - nuisance and trespass: Plaintiffs George and Carole Trickett brought this nuisance and trespass action against their neighbors, Peter and Carol Ochs, alleging that defendants' operation of an apple orchard interfered with plaintiffs' use and enjoyment of their land and caused them emotional distress. Following an evidentiary hearing on plaintiffs' request for injun

Real Estate - Mortgage - Contract - Foreclosure: In this foreclosure action, plaintiff Nancy Myers appeals from the decision of the Bennington Superior Court vacating a previous order granting summary judgment in her favor and granting summary judgment for defendants James and Marie LaCasse. Plaintiff argues that the court erred by (1) reopening and vacating the prior summary judgm

Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)? We conclude it does not, unless (1) the CBA clearly and unmistakably provided for binding arbitration of the employee's statutory claim under the Labor Code, and (2) the arbitration was conducted in a manner

The plaintiff, Donald F. Bouchard, appeals from the judgment of the trial court rendered in favor of the defendants, Janet J. Sundberg and Lawrence E. Sundberg. On appeal, the plaintiff claims that the court improperly (1) granted Janet Sundberg's motion for summary judgment as to count two1 of the plaintiff's amended complaint and (2) granted the defendants' motions to strike as to coun

Plaintiff Edgar E. Chambers appeals from a district court order affirming the Commissioner's refusal to reinstate his social security disability benefits following their termination under the alcoholism provisions of the Contract with America Advancement Act of 1996, Pub. L. No. 104-121, § 105(a)(1)(C), (5). See 42 U.S.C. § 423(d)(2)(C). "[W]e closely examine the record as a whole to determine

Appellant Brandi Fox (Fox) filed a medical malpractice action against her surgeon, asserting his negligence during surgery caused a perforation of her small intestine and subsequent complications. During his deposition, the surgeon first raised the possibility that the perforation was caused by a malfunctioning stapler. Fox then filed an amended complaint asserting a products liability caus

Peter Capovilla (son) successfully appeals from the trial court's Order on Petition of Trustee for Instructions. The order instructs Deborah Burkett (trustee), the successor trustee of the Erma Mary Olivera Living Trust, to distribute the trust's primary asset to the issue of Olivera's (settlor) deceased daughter, Eleanor Rollings (daughter). Son contends the gift to daughter lapsed because s

State Farm Mutual Automobile Insurance Company ("State Farm") appeals the trial court's award of prejudgment interest on James McKinney's ("Mr. McKinney") uninsured motorist claim. State Farm claims that the trial court erred as a matter of law in awarding prejudgment interest under section 408.020, RSMo 2000, because Mr. McKinney's uninsured motorist claim was unliquidated and under section 408.0

Indiana Western Express ("Employer") appeals the decision of the Labor and Industrial Relations Commission ("Commission") awarding Mary Elliott ("Employee") compensation under Chapter 287 of the Workers' Compensation Act for an occupational disease, specifically, left hand carpal tunnel syndrome. In its sole point on appeal, Employer maintains there is no medical evidence showing that Employee's w