Warranty Law
 
Duane R. Mueller v. Carolyn Hill

This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statutory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.
I.
Factual Background.
Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They l... More...
   $0 (02-26-2015 - ID)

Eddie Lerma v. Border Demolition & Environmental, Inc.

Appellant Eddie Lerma, challenges a jury verdict and subsequent judgment holding him liable to Appellee Border Demolition & Environmental, Inc. (“Border Demolition”) for breach of an oral demolition contract and attorneys’ fees. We affirm.
BACKGROUND
Factual History
On May 28, 2008, the City of El Paso condemned a house and detached garage located at 7429 Rose Lane Circle in El P... More...
   $0 (02-20-2015 - TX)

Villa de Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. v. Michael Stewart and Carrie Stewart

This is an interlocutory appeal from an order denying a motion to compel arbitration. In five issues, appellants Villa De Leon Condominiums, LLC, Patten Sales and Marketing, LLC, and Bill Bridges, Jr. contend that the trial court erred
1See Tex. R. App. P. 47.4.
2
by denying their motion to compel arbitration and for a stay of all other trial court proceedings pending arbitration. We r... More...
   $0 (02-20-2015 - TX)

Timothy Grebing v. 24 Hour Fitness USA, Inc.

Plaintiff Timothy Grebing was injured while exercising at defendant 24 Hour Fitness USA, Inc.’s (24 Hour) facility in La Mirada, California. He appeals from the judgment entered after the trial court granted 24 Hour’s motion for summary judgment. The court ruled that Grebing had signed a valid release of liability and 24 Hour did not act with gross negligence. In his appeal, Grebing contends: ... More...   $0 (02-19-2015 - CA)

Esmeralda Estevez v. Leader Financial Services et al.

Appellant Esmerelda Estevez filed her Original Petition in this case alleging violations of the Debt Collection Act, breach of contract, wrongful foreclosure, and wrongful eviction. Her claims centered on alleged defects in the special warranty deed supporting the foreclosure and her eviction from her residence. Estevez did not effect service of citation on any of the three defendants, but LoanCar... More...   $0 (02-19-2015 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (02-19-2015 - )

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‘s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm in part, reverse and render in part, and reverse and remand in part.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contrac... More...
   $0 (02-18-2015 - TX)

Mary Moczygemba v. Thomas J. Moczygemba and Harry Lee Moczygemba

Mary Moczygemba appeals the trial court’s granting of summary judgment in favor of her sons Thomas J. Moczygemba and Harry Lee Moczygemba. According to Mary, the trial court erred in determining that the statute of limitations barred her claims for breach of fiduciary duty. We affirm.
BACKGROUND
Appellant Mary Moczygemba (“Mary”) is the mother of Appellees Thomas J. Moczygemba and Ha... More...
   $0 (02-18-2015 - TX)

United States of America v. Kenneth Carter

Nashville, TN - Kenneth Carter, 45, of Corona, Calif., was sentenced today by U.S. District Judge William J. Haynes, Jr., to serve 60 months in prison for his role in a scheme to defraud Nissan North America by filing false Lemon Law claims on behalf of individuals who owned Nissan vehicles, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Carter was also ordered to pay... More...   $0 (02-13-2015 - TN)

Stacy Sanislo v. Give Kids The World, Inc.

This case is before the Court for review of the decision of the Fifth District Court of Appeal in Give Kids the World, Inc. v. Sanislo, 98 So. 3d 759 (Fla. 5th DCA 2012), in which the Fifth District held that an exculpatory clause was effective to bar a negligence action despite the absence of express language referring to release of the defendant for its own negligence or negligent acts. The dist... More...   $0 (02-12-2015 - FL)

Russell D. Miller and Juliet Investments, Inc. v. Darlene Argumaniz, Individually and on behalf of Argmil, Inc.

Russell D. Miller and Juliet Investments, Inc. (collectively Miller) appeal a judgment
entered against them following a jury trial in a fraud and breach of fiduciary duty case. We
affirm in part and reverse and render in part.
BACKGROUND AND PROCEDURAL HISTORY
This tort case concerns an oral agreement between shareholders to transfer a parcel of
real estate to a corporation. Da... More...
   $0 (02-12-2015 - )

Sean Kearns v. Farmer Acquisition Company d/b/a Charlotte Honda

Sean Kearns sued Farmer Acquisition Company d/b/a Charlotte Honda
(Charlotte Honda or the Employer), asserting a claim under sections 448.101 to
448.105, Florida Statutes (2009), also known as Florida's private sector Whistleblower's
Act (the FWA). He now appeals the trial court's order granting a directed verdict
together with the final judgment in favor of Charlotte Honda and the... More...
   $0 (02-11-2015 - FL)

Mercy Hospital, Cedar Rapids, Iowa d/b/a Mercy Medical Center Cedar Rapids, Iowa

Charles Johnston appeals from a district court order granting a motion for directed verdict adverse to his breach-of-contract claim against appellees Martin and Loyola McNulty (McNultys). Appellee Mercy Medical Center (Mercy) sued the McNultys for breach of a purchase agreement and sought declaratory judgment that a right of first refusal, held by Johnston, was invalid. Johnston brought a cross-cl... More...   $0 (02-11-2015 - IA)

Gregorio Lopez v. Asbury Fresno Imports, L.L.C.

Plaintiffs appeal from the judgment entered against them after a court trial in an action alleging various violations of consumer protection statutes. We conclude the trial court correctly determined the alleged violations did not constitute violations of the consumer protection statutes invoked, or plaintiffs failed to comply with the statutory prerequisites to recovery. Therefore, we affirm.
... More...
   $0 (02-06-2015 - CA)

Jana Clark v. PFPP Limited Partnership d/b/a Planet Dodge

Janet Clark purchased a pickup truck from Manuel Santoy that she later discovered had been stolen from PFPP Limited Partnership d/b/a Planet Dodge (Planet Dodge). Clark lost both the pickup truck and the $22,000 she paid to Santoy. Clark sued Planet Dodge, along with a number of other defendants. As relevant to this appeal, Clark sought to recover from Planet Dodge the $22,000 she paid to Santoy, ... More...   $0 (02-05-2015 - TX)

Wendell E. Bennett, Jr. v. Ronald S. Hill

¶1 Wendell Bennett, Jr., Kathryne Bennett, Karla Lange, Schneiter Enterprises, LTD,
and Roger F. Dallner Trust (“Appellants”) appeal from the orders of the Montana Thirteenth
Judicial District Court, Yellowstone County, granting summary judgment and ordering
attorney fees in favor of Ronald Hill, Specialized Construction, Inc., Ronald S. Hill, LLC,
and Lake Hills Golf, LLC (... More...
   $0 (02-03-2015 - MT)

Morad El-Raheb v. OK Building Solutions Limited Liability Company and LaPolla Industries

Tulsa, OK - Morad El-Raheb sued OK Building Solutions Limited Liability Company and LaPolla Industries on breach of contract theories claiming:

1. At all times material hereto, Plaintiff, Morad El-Raheb, was and is a resident of City of Tulsa, County of Tulsa, State of Oklahoma.
2. The Defendant, OK Building Solutions Limited Liability Company (“OK Building”) is a domestic limited... More...
   $1 (02-03-2015 - OK)

Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro... More...   $0 (01-21-2015 - TX)

Donna Stofer v. Shapell Industries, Inc.

Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux.
Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for
strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built
the home on unstable and uncompacted “fill” soil and with an inadequate foundation,
causing “substantial differential mov... More...
   $0 (01-15-2015 - CA)

Jesse McIntosh, as Personal Representative of the Estate of James McIntosh, deceased, on behalf of Jesse McIntosh and Dylan McIntosh, James McIntosh's minor children v. Progressive Design and Engineering, Inc., Mastec North America, Inc. GBF Engineering, Inc., Broward County, State of Florida Department of Transportation, TEI Engineers & Planners and / or HNTB Corporation and City of Pembroke Pines

The plaintiff’s father was exiting a mobile home park, traveling eastbound through an intersection, when he collided with a truck traveling southbound on the cross-street. The traffic signals at the intersection allowed a driver exiting the mobile home park to rely upon a traffic signal further out into the intersection meant for other traffic, while overlooking the traffic signal closest to him... More...   $0 (01-07-2015 - )

Steve Dickson v. Jackie Cooper Imports of Tulsa, LLC

COMES NOW the Plaintiff, Steve Dickson, by and through his attorney of record, Greg
A. Farrar, Farrar & Farrar, P.C. and for cause of action against the Defendant, Jackie Cooper Imports of Tulsa, LLC alleges and states as follows:
PARTIES, VENUE and JURISDICTION
1. That Plaintiff, Steve Dickson is a resident of Tulsa County.
2. That Defendant, Jackie Cooper Imports of Tulsa, LLC is... More...
   $1 (01-05-2015 - OK)

Harry W. Chornuk v. Craig Nelson

[¶1] Craig and Julie Nelson appeal from a judgment quieting title in certain real property in Harry and Linda Chornuk and awarding the Chornuks damages for conversion, and from an amended judgment modifying the damage award. The Nelsons argue the district court erroneously found they did not purchase the property in good faith and erred in quieting title of the property in favor of the Chornuks. ... More...   $0 (12-22-2014 - ND)

Irika Shipping, S.A. v. Quinton Henderson

This is an appeal of a jury verdict and judgment awarding a longshoreman damages for injuries he claims he sustained when he slipped and fell while working on the deck of a vessel. We reverse the trial court’s judgment and remand for a new trial.
2
UNDERLYING FACTS
Quinton Henderson (Henderson), a longshoreman, alleges that he sustained injuries when he fell while he was working on t... More...
   $0 (12-22-2014 - TX)

Helen Lin v. Mireya B. Coronado

Plaintiff Helen Lin (Lin) appeals from a judgment entered on an order sustaining a demurrer without leave to amend in favor of defendant Mireya B. Coronado (Coronado). In her operative first amended complaint, Lin alleges she “pooled” her $150,000 with $100,000 provided by River Forest Financial LLC (River Forest) and Elevation Investments LLC (Elevation) “in partnership for the purchase” ... More...   $0 (12-18-2014 - CA)

Deborah Cosman v. Joseph Rodriguez

After nearly fifty years of marriage, Joseph Rodriguez shot and killed his
wife, Wanda. Although he claimed his wife's death was a suicide, Rodriguez was
convicted of second-degree murder and sentenced to life in prison. In this appeal
Deborah Cosman, the personal representative of Wanda Rodriguez's estate, challenges
- 2 -
an adverse final judgment in the wrongful death action... More...
   $0 (12-17-2014 - FL)

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