David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...   $0 (09-17-2017 - CA)

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...   $0 (08-26-2017 - CA)

Appellants Miguel Ponce and Chrystal Ponce filed a motion for rehearing of our July 13, 2017 memorandum opinion and judgment. We deny the motion
1See Tex. R. App. P. 47.4.
2
for rehearing but withdraw our July 13, 2017 opinion and substitute the following in its place.
In one legal sufficiency issue and five factual sufficiency issues, the Ponces appeal the trial court’s judgment f... More...   $0 (08-25-2017 - TX)

Plaintiff Ricky Moore appeals the district court’s denial of his motion for preliminary injunction to enjoin the enforcement of two rules affecting his ability to speak in a public park. We find no error on the part of the district court and therefore AFFIRM.
I. Background
This dispute centers on Plaintiff Ricky Moore’s speech rights in Klyde Warren Park, a 5.2-acre park that connects down... More...   $0 (08-25-2017 - TX)

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...   $0 (08-24-2017 - TX)

We granted rehearing en banc to review the constitutionality of a municipal
ordinance prohibiting the sale of sexual devices in light of several recent Supreme
Court decisions which, it was argued, call into question the continued vitality of
this Court’s decision in Williams v. Attorney General (Williams IV), 378 F.3d
1232 (11th Cir. 2004). After we agreed to take the case en ba... More...   $0 (08-23-2017 - GA)

This is an appeal from a summary judgment in which the trial court declared the parties’ respective rights and interests regarding a mineral estate. Richard Cash argues the trial court erred by misconstruing assignments appellees Cara King and Chris Cash had executed, rendering a declaratory judgment, and awarding attorney’s fees. We affirm the trial court’s judgment.
1 Sitting by assignment.<... More...   $0 (08-23-2017 - TX)

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...   $0 (08-15-2017 - TX)

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...   $0 (08-14-2017 - CA)

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s... More...   $0 (08-12-2017 - CA)

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

This appeal arose from a law enforcement investigation into a drugtrafficking
operation in the Geary County, Kansas area. Agents gathered
evidence by making controlled buys of crack cocaine through a confidential
informant; monitoring telephones used by certain of the co-conspirators,
including Anthony Carlyle Thompson; and conducting searches of several
residences, including T... More...   $0 (08-08-2017 - KS)

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...   $0 (08-07-2017 - CA)

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope... More...   $0 (07-27-2017 - CA)

The doctrine of qualified immunity shields a government official
from civil liability and money damages unless the plaintiff shows violation of a
constitutional right that is clearly established at the time of the challenged conduct. The
Washington State Department of Labor and Industries and Regional Safety and Health
Coordinator William Alan Croft appeal the jury verdict in favor... More...   $0 (07-17-2017 - WA)

This appeal is brought by appellants Donald Ray Clark, Sr., and his son, Donald
Ray Clark, Jr., complaining of a judgment entered in favor of appellee Carolyn Clark
Kennedy. We affirm in part and reverse and remand in part.
2
FACTUAL AND PROCEDURAL BACKGROUND
Donald Sr. had four children, including Donald Jr., and they resided at 2511 7th
Street, Galena Park, Texas. In May ... More...   $0 (07-06-2017 - )

This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
4
New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing... More...   $0 (07-03-2017 - NJ)

In November of 2015, Mr. Palmer was involved in an incident at Bowman
Beverage in Wooster where he swore at the manager and threw a slushy at her. The manager
then served Mr. Palmer with a no trespass letter prohibiting him from entering Bowman
Beverage for three years. The notice stated that it could only be withdrawn by the manager.
{¶3} In March of 2016, Mr. Palmer was inv... More...   $0 (07-02-2017 - OH)

On November 2, 2016, the State charged Kyles with Theft, as a Level 6 felony,
and later amended the charging information. The amended information alleged
that Kyles committed the offense on October 27, 2016, while acting in concert
with Judith Neaville (“Neaville”).
[4] On January 10, 2017, Kyles pleaded guilty as charged, and the trial court held a
sentencing hearing on ... More...   $0 (06-30-2017 - IN)

Appellant Lindemann Properties, Ltd. filed a motion for rehearing and a motion for en banc reconsideration of our opinion that issued on December 8, 2016. We deny both motions, withdraw our opinion and judgment dated December 8, 2016, and substitute the following.
2
I. INTRODUCTION
Lindemann sued Appellee Ward A. Campbell for a declaration that Campbell’s radio-transmission-tower easem... More...   $0 (06-23-2017 - TX)

In 2014, Charles Flowers resided in a small beach cottage located in Biloxi,
Mississippi. Flowers left the cottage for work on June 10, 2014, and did not return home
until the following day.
¶3. On June 11, 2014, Flowers arrived home and noticed the doors of his home ajar.
Flowers testified that when he tried to gain access to the house, he was unable to enter
through the ... More...   $0 (06-19-2017 - )

A Lancaster County grand jury indicted Thompson for first-degree burglary and attempted murder based on allegations he broke into Keasia Drafton's apartment and tried to kill her on July 2, 2014.1 Before trial, Thompson moved to suppress a trespass notice letter stating he was banned from the apartment complex where Drafton lived. Thompson argued (1) the letter was irrelevant, (2) the letter pres... More...   $0 (06-19-2017 - FL)

Appellant, who was convicted of burglary with a battery, raises a number of
issues on appeal. We find one to be dispositive: appellant alleges the trial court’s
failure to instruct the jury on his affirmative defense of consent to enter the
2

victim’s vehicle amounted to fundamental error. We agree with appellant and
reverse and remand for a new trial.
The prose... More...   $0 (06-19-2017 - FL)

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...   $0 (06-17-2017 - TX)

On August 3, 2015, the Sturgis Motorcycle Rally was underway in Sturgis, South Dakota. Shortly before 1:00 a.m., Sturgis Police Officers Mike Varilek and Tom Strickland (collectively, “the Officers”) received a report from another police officer that a male and female had entered a single-occupancy, portable toilet located in the middle of 2nd Street. Officer Varilek testified that such an event... More...   $0 (06-09-2017 - SD)