Res Ipsa Loquitur Law
 
Frank Pyrtle, III v. Ashanti Johnson Pyrtle

In the trial court below, appellee Ashanti Johnson Turner1 sought “enforcement” of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court’s order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for

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Hibachi Grill, Inc. v. Arki Construction, Inc.

This is an appeal from a final summary judgment in a construction case. The appellant, a restaurant (Owner), appeals a judgment for approximately $32,000.00 in favor of the appellee (Contractor). The Owner alleges that the damages were incorrectly computed by the trial court. We conclude that the Owner was entitled to a reduction in the contract balance because the Owner directly paid certain subc

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In re the Marriage of LESLIE and TERRY MOORE

This appeal arises from judgments in a marriage dissolution action regarding the division of retirement and employment benefits, the division of other assets, the award of temporary and permanent spousal support, and the denial of requests for attorney fees and costs. We affirm in part and reverse in part.

FACTS

Appellant Leslie Moore and respondent Terry Moore were married for over

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Paragon Industrial Applications, Inc., and RLI Insurance Company v. Stan Excavating, LLC

In Bowie County, Texas, Stan Excavating, LLC, sued Paragon Industrial Applications, Inc., and its bonding company, RLI Insurance Company,1 alleging that Paragon failed to pay Stan Excavating for the work it had performed as Paragon’s subcontractor on a road construction project in Nash, Texas. Paragon filed a motion to compel arbitration,2 arguing that Stan Excavating’s claims fell within the

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James J. Naples v. M. Mark Lesher and wife, Rhonda Long Lesher

The alliance of James J. Naples, M. Mark Lesher, and Ramchandra Gurav soured when Naples accused Lesher of selling the timber on their jointly-owned property and also of keeping more than his share of the proceeds generated from the property’s mineral income. Consequently, Naples sued Lesher for damages.

Lesher filed motions for summary judgment as to all of Naples’ and Gurav’s clai

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Joseph PADUH III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased, Appellees

This is an appeal from a probate court order granting summary judgment in a bill of review action. Appellees Joseph Paduh III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased (collectively “Paduh”) filed a petition for bill of re

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Carolyn Calkins James, Individually and as next friend of her elderly mother, Mary Olive Calkins v. Honorable Olen Underwood, Honorable Patrick Sebesta and Fidelity and Deposit Company of Maryland, Richard Stephen Calkins as agent in fact for Mary Olive Calkins and Michael Easton, Individually and as assignee of Richard Stephen Calkins

Carolyn James and her brother Richard Steven Calkins are in a legal dispute over who has the right to manage the assets of their mother, Mary Calkins. Their

2

controversy has spawned multiple lawsuits filed in various district and probate courts in at least two counties resulting in no less than 11 issued appellate decisions—thus far—from the First and Fourteenth Courts of Appeal

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League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Kent Connaughton, et al.

The League of Wilderness Defenders/Blue Mountain Biodiversity Project and the Hells Canyon Preservation Council (collectively “the LOWD plaintiffs”) appeal from the district court’s denial of their motion to preliminarily enjoin the Snow Basin logging project. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We affirm in part and reverse in part the district court’s order, and remand th

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Ronnie Jones v. City of Boston

In this racial discrimination
case, ten black plaintiffs challenge the Boston Police Department's
drug testing program. Seven of the plaintiffs are former officers
fired by the department after testing positive for cocaine; the
eighth is a former cadet in the same situation; the ninth continues
to work as an officer after testing positive and undergoing
rehabilitation as an

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Bruce B. McLeod III v. Alfred Gyr

This is an appeal from a post-answer default judgment rendered against attorney Bruce B. McLeod III on Alfred Gyr’s claims for deceptive trade practices and breach of fiduciary duty. McLeod raises four issues on appeal challenging the sufficiency of the evidence to support the judgment, the trial court’s order denying his motion for new trial, and the trial court’s order reinstating the case

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Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, et al v. The State of Texas, The Village of Surfside Beach, Mayor Larry Davison, and Surfrider Foundation

This is a beach-access dispute involving application of the Texas Open Beaches Act (OBA) to the appellants’ beach houses on Pedestrian Beach in Surfside after storms moved the vegetation line landward of the houses. TEX. NAT. RES. CODE ANN. §§ 61.001 – .254 (Vernon 2011 & Supp. 2013). After the Supreme Court of Texas decided Severance v. Patterson, 370 S.W.3d 705 (Tex. 2012), the court vacat

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Seminole Tribe of Florida v. State of Florida Department of Revenue

This appeal requires us to decide whether the sovereign immunity of Florida, as confirmed by the Eleventh Amendment, U.S. Const. Amend. XI, bars a federal complaint by an Indian tribe against the Florida Department of Revenue and its Executive Director for a declaratory judgment that the tribe is exempt from paying a Florida tax on fuel and for an injunction requiring a refund of taxes paid. The S

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State of Oklahoma v. Robert Lamont Deane

State of Oklahoma v. Robert Lamont Deane

Count # 1.
Count as Filed: OLAR, LARCENY FROM A PERSON , in violation of 21 O.S. 1701
Date Of Offense: 09/15/2012

Party Name: Disposition Information:

DEANE, ROBERT LAMONT
(After Prior Convictions)
Disposed: CONVICTION, 12/17/2013. Guilty Plea.
Count as Disposed:LARCENY FROM A PERSON (OLAR)
Violation

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State of Oklahoma v. Robert Lamont Deane

State of Oklahoma v. Robert Lamont Deane

Count # 1.
Count as Filed: OLAR, LARCENY FROM A PERSON , in violation of 21 O.S. 1701
Date Of Offense: 09/15/2012

Party Name: Disposition Information:

DEANE, ROBERT LAMONT
(After Prior Convictions)
Disposed: CONVICTION, 12/17/2013. Guilty Plea.
Count as Disposed:LARCENY FROM A PERSON (OLAR)
Violation

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Angela Jeanette Thompson v. Sheryl Ann Weaver, as Independent Administrator of the Estate of Alan Ray Adams, Deceased

Angela Jeanette Thompson appeals the trial court’s summary judgment rendered in favor of Appellee Sheryl Ann Weaver, as Independent Administrator of the Estate of Alan Ray Adams, Deceased. In two issues, Thompson argues that the trial court erred (1) in granting summary judgment in Weaver’s favor on Thompson’s affirmative defense of res judicata and (2) in denying Thompson’s motion for san

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Rox-Ann Feifer v. Westport Insurance Corporation

Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013)

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Hans Bruns v. Mary Mayhew

After Congress passed the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996 ("PRWORA"), narrowing the eligibility of non-citizens for
Medicaid and other federal benefits, the state of Maine responded
in 1997 by extending state-funded medical assistance benefits to
certain legal aliens rendered ineligible for Medicaid. In 2011,
the Maine Legislature ter

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DKN Holdings, LLC v. Wade Faerber

Plaintiff DKN Holdings LLC (DKN) appeals from a judgment of dismissal after the trial court sustained, without leave to amend, defendant Wade Faerber’s demurrer to DKN’s complaint for monies due under a commercial lease. (Code Civ. Proc., § 430.10 subd. (e).)1 DKN also appeals from a postjudgment order awarding Faerber $54,817.50 in attorney fees as the prevailing party in the action on the l

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Miramar Development Corp. and John Hawkins v. Aaron M. Sisk

This appeal arises from a lawsuit between the buyer and seller of a home. The buyer, Aaron Sisk, sued Miramar Development Corporation and its president, John Hawkins (the Sellers), before subsequently nonsuiting his claims without prejudice. On competing motions for summary judgment, the trial court determined the Sellers were not “prevailing” parties and thus not entitled to an award of attor

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Robert Bush and Talitha Bush v. Cushing Lumber Co., et al.

PLAINTIFFS’ ORIGINAL PETITION

COMES NOW the Plaintiffs, ROBERT BUSH and TALITHA BUSH, and for their Petition against the Defendants, allege and state as follows:

I.

PARTIES, JURISDICTION AND VENUE

1. Plaintiffs are, and at all times herein mentioned have been, residents of the City of Cushing, Payne County, State of Oklahoma.

2. The damages sought by

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Mt. Pleasant Independent School District v. Dona K. Elliott

It was the third day of the new school year when the brakes failed on the bus driven by Dona K. Elliott, and Elliott’s kneecap was broken in the ensuing crash.1 The bus was a seventeen-year-old Thomas flat-nose school bus owned by Mount Pleasant Independent School District, transporting District students, and driven by Elliott for her employer, Durham Transportation, Inc. Durham had recently con

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Gene DeVoll v. Rebecca Demonbreum

Gene DeVoll appeals an interlocutory order denying his motion to dissolve a temporary injunction. See TEX.CIV. PRAC.&REM.CODE ANN. § 51.014(4) (West 2008). We reverse the order denying the motion to dissolve, and dissolve the temporary injunction order.

BACKGROUND

On March 27, 2013, Rebecca Demonbreun and William Dowds sued DeVoll alleging the fraudulent transfer of certain partners

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State of Oklahoma v. Cordell Cain, III a/k/a Cordell Cain, a/k/a Nova Cain

Tulsa, OK - State of Oklahoma v. Cordell Cain, III a/k/a Cordell Cain, a/k/a Nova Cain

Count # 1.
Count as Filed: DU2M, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 09/12/2012

Party Name: Disposition Information:

CAIN, CORDELL III
(After Prior Convictions)
Disposed: CONVICTION, 01/14/2013. Guilty Plea.
C

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Tina Cosey v. Aurora Medical Center

Tina Gosey worked as a chef’s assistant at Aurora Medical Center in Kenosha, Wisconsin. Believing that

* After examining the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See FED. R. APP. P. 34(a)(2)(C).

2 No. 13-3375

management harassed, refused to promote, and eventually fired her bec

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C.W. Mining Company v. Bank of Utah

The Chapter 7 Trustee in this matter (the “Trustee”) filed a complaint with the bankruptcy court seeking to recover a post-petition transfer to the Bank of Utah (the “Bank”). The bankruptcy court granted summary judgment in favor of the Bank, concluding the Bank was a fully secured creditor and, thus, the transfer caused no damage to the Estate. After the Bankruptcy Appellate Panel (“BAP

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