Warranty Law
 
Bank of America, N.A. v. Unknown Successors of Sarah Jane Lewis

¶1 Bank of America, N.A. (Bank), appeals the judgment of the district court that Bank's mortgage did not include a strip of land claimed by Padgett Development Company, LLC (PDC). Bank also appeals the court's fee award to PDC as a prevailing party in Bank's foreclosure action. We affirm the decisions of the district court.

BACKGROUND

¶2 The relevant facts begin in July 1976, w... More...
   $0 (09-23-2014 - OK)

Thomas M. Saicheck v. Taber LeBlanc

Yukon, Canadian County, Oklahoma - Thomas M. Saicheck and Marilyn Tahl sued Taber LeBlanc d/b/a Homes by Taber and Taber Built Homes, LLC on fraud theories alleging:

COMES NOW the Plaintiffs, Thomas M. Saichek and Marilyn Tahl, by and through their attorney of record, Michael P. Rogalin, and for their cause of action against the Defendant state:
PARTIES
1. Plaintiffs, Thomas M. Sa... More...
   $0 (09-23-2014 - OK)

Tom Handle v. Virginia Fishinghawk, et al.

Stilwell, Adair County, Oklahoma - Tom Handle sued Virginia Fishinghawk on a quite title theory alleging:

COMES NOW the Plaintiff, Tom Handle, and for cause of action against the Defendant, alleges and states:
1. That the Plaintiff is an owner of and in actual possession of the following described real property situated in Adair County, Oklahoma, to wit:
NE NE NW; N2 SE NE NW, Sec... More...
   $0 (09-23-2014 - OK)

Mark Mitchell v. Wright Medical Technology, Inc., Wright Medical Group, Inc.a nd Vytautas Ringus, M.D.

NOW COMES Plaintiff, Mark Mitchell, for his Petition against the Defendants Wright Medical Technology, Inc., Wright Medical Group Inc., and Vytautas Ringus, M.D., (hereinafter collectively called “Defendants”), and hereby alleges and states the following:
PARTIES AND SERVICE
1. Plaintiff, Mark Mitchell, is an individual whose domicile is in Custer County, Oklahoma.
2. Defendant, Wr... More...
   $0 (09-22-2014 - OK)

Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f... More...   $0 (09-22-2014 - CA)

Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f... More...   $0 (09-22-2014 - CA)

Jim H. Panter, et al. v. Walter J. Smith, et al.

Stilwell, Adair County, Oklahoma - Jim H. Panter, et al. sued Walter J. Smith, et al. on a quiet title theory alleging:

Comes now the Plaintiffs and for their cause of action against the above-named Defendants, alleges and states:
1. That the Plaintiffs, JIM H. PANTER AND SUE N. PANTER, as Independent CoTrustees of the Panter Family Revocable Trust dated the 1 6th day of October 2002,... More...
   $0 (09-18-2014 - OK)

Trent Walton v. Midland Mira Vista Homeowners' Association a/k/a Mira Vista Homeowners' Association

Trent Walton appeals the trial court’s order denying his plea to the jurisdiction, the trial court’s order denying in part his motion for partial summary judgment, and the trial court’s order granting in part the motion for summary judgment of Midland Mira Vista Homeowners’ Association a/k/a Mira Vista Homeowners’ Association. We affirm.
2
I. Background Facts
This appeal invo... More...
   $0 (09-18-2014 - TX)

Ingrid Van Zant v. Apple, Inc.

This case concerns a question of procedure that may arise when a plaintiff sues a manufacturer for marketing and selling allegedly defective smartphones: If the plaintiff claims internal defects in the smartphone are the sole cause of its failure to perform as advertised, is the network carrier for the smartphone a necessary party to the lawsuit? We conclude the network carrier is not a necessary ... More...   $0 (09-12-2014 - CA)

Garcia v. Michelin North America, Inc.

On January 31, 2011, Alexandra Deike, individually and on behalf of the estate of her mother, Ariana Dominguez, individually and on behalf of the estate of her brother, and Gregorio Dominguez, Ruben’s father, (collectively the Guerrero parties) filed wrongful death, survival, personal injury, and product liability claims in the probate action against Michelin North America, Inc., the tire manufa... More...   $1 (09-11-2014 - )

In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted b... More...   $0 (09-04-2014 - TX)

Gramen Farm, LLC and Grant Wilson v. Huyen Nguyen and Dung Vu

This lawsuit arises from disputes between an occupying landowner and tenants who purchased the landowner’s dairy business, in part with a note to the owner. The tenants occupy an area surrounding the landowner’s mobile home. The tenants defaulted on the note. The landowner, Huyen Nguyen, sued the
2
tenants, Gramen Farm, LLC, Grant Wilson, and Hang Trinh, Wilson’s wife, (collectively,... More...
   $0 (09-04-2014 - TX)

Philadelphia Indemnity Insurance Company v. Richards Plumbing Services, Inc.

Plaintiff, Philadelphia Indemnity Insurance Company, as subrogee of Crossroads Youth and Family Services, Inc. (“Philadelphia” or “Plaintiff’), for its Petition against Defendant Richards Plumbing Service, Inc. (“Richards” or “Defendant”), alleges and states as follows:
I. PARTIES, JURISDICTION. AND VENUE
1. Plaintiff Philadelphia is an insurance company licensed and author... More...
   $0 (08-28-2014 - OK)

Frontier Development Group, LLC v. Louis Caravella and Yellowstone Do It Center, LLC

This case arises from the breach of a residential construction agreement. Homeowners Louis and Patricia Caravella appeal from the district court’s judgment, following a court trial, dismissing their fraud counterclaim against respondents, Frontier Development Group, LLC (FDG) and Michael Horn, FDG’s owner/manager. The Caravellas also appeal from the district court’s decision that Horn was no... More...   $0 (08-28-2014 - ID)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

Eddie Yau v. Santa Margarita Ford, Inc.

Eddie Yau filed a complaint against his former employer, Santa Margarita Ford, alleging a cause of action for wrongful termination in violation of public policy. Yau alleged he was terminated after complaining to Santa Margarita Ford’s management about fraudulent warranty repair claims being submitted to Ford Motor Company (Ford). Yau also alleged an intentional infliction of emotional distress ... More...   $0 (08-26-2014 - CA)

Laurie Faye Walker v. Brad Vincent Walker

Laurie Faye Walker appeals the trial court’s order denying her petition for bill of review to set aside her 2008 divorce decree. Representing herself, appellant brings two issues contending that (1) there were numerous “procedural defects” in the bill of review proceeding and underlying divorce case requiring reversal and (2) the underlying divorce decree was void because the trial court lac... More...   $0 (08-21-2014 - TX)

Yundlander Jones v. Claude Jones

In six points, pro se appellant Yundlander Jones (Wife) appeals the trial court’s divorce decree and division of the marital estate. We affirm in part and reverse and remand in part.
In her fourth point, Wife argues that the evidence is legally and factually insufficient to support the division of property contained in the divorce decree.
1See Tex. R. App. P. 47.4.
2
Among her ar... More...
   $0 (08-21-2014 - TX)

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.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contract with the Davises to allow them to purchase lot nine of the subdivi... More...
   $0 (08-20-2014 - TX)

Sea River Properties, LLC v. Loren E. Parks

Plaintiff Sea River and defendant Parks own adjoining
parcels of land on the central Oregon coast near Nedonna
Beach just south of the Nehalem River. Between the 1920s
and the 1990s, after the United States government built two
jetties to contain the Nehalem River, the ocean and wind
deposited sand and silt onto the upland, creating approximately
40 acres of land west of th... More...
   $0 (08-18-2014 - )

Chubb NJ v. Patrick Fox d/b/a Fox Architects and Terrell D. Palmer d/b/a Terry Palmer

COMES NOW, the Plaintiff, Chubb NJ, and for its cause of action against Defendant, Patrick Fox d/b/a Fox Architects and Terre!! D. Palmer, AKA, Terry Palmer, alleges and states as follows:
I.
The Plaintiff, Chubb NJ, is a foreign insurance corporation, doing business in the State of Oklahoma. The Plaintiff insured Robert Doenges, who suffered the property damage that is the subject of this... More...
   $0 (08-13-2014 - OK)

Transit Advertising, Inc. v. James Rankin and Bste Mart

Transit Advertising, Inc. v. James Rankin and Bste Mart

COMES NOW Plaintiff, Transit Advertising, Incorporated, a domestic for-profit business corporation (“Plaintiff’), by and through its attorney and counselor of record, Ryan Childress of the Law Offices of Jeff Martin, PLLC, and pleads the following causes of action against the above-named Defendants, James Rankin, individually and... More...
   $1 (08-13-2014 - OK)

Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...
   $0 (08-13-2014 - OR)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town
that has undergone many transformations. Mormon pioneers first
traveled through the area on their way to Salt Lake City. When
prospectors discovered silver in the hills, it became a mining
boomtown, then, when the price of silver fell, it was nearly
deserted as a ghost town—but industrious residents reinvented it... More...
   $0 (08-08-2014 - UT)

Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town that has undergone many transformations. Mormon pioneers first traveled through the area on their way to Salt Lake City. When prospectors discovered silver in the hills, it became a mining boomtown, then, when the price of silver fell, it was nearly deserted as a ghost town—but industrious residents reinvented it as a luxury resort ... More...   $0 (08-08-2014 - UT)

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