Richard Giesler and Idaho Trust Deeds, LLC (collectively “Giesler”) appeal the Twin Falls County district court’s judgment declaring the rights and obligations on a contract. This case arose out of several oral and written agreements between Giesler and Gregory Hull that related to purchasing and subdividing property. After a bench trial, the court found that Hull sold the property to Giesle... More...   $0 (08-06-2014 - ID)

Appellant Transcontinental Realty Investors, Inc. appeals from various rulings of the trial court arguing appellee lacks standing to assert claims as landlord. Appellant also contends that the trial court erred in its admission of expert witness testimony. We affirm.
BACKGROUND
Pursuant to the terms of a lease dated September 3, 2004, Sidney Wicks leased various commercial properties in Ad... More...   $0 (08-05-2014 - TX)

Appellant Katie Gossett (Katie) appeals the probate court’s order appointing appellee Kimberly Back (Kimberly) as the independent executrix of the Estate of Lola B. Chenoweth (the Estate). In two issues, Katie asserts (1) the probate court erred by determining she was disqualified to serve as the independent executrix of the Estate and (2) the evidence is legally insufficient to support her disq... More...   $0 (08-05-2014 - TX)

Phyllis and Mark Pacheco appeal the trial court’s judgment denying them reformation of a 2007 warranty deed. We affirm.
BACKGROUND
In 2007, the Pachecos conveyed certain land in Atascosa County, Texas, to G-4 Enterprises, Ltd. (“G-4”) by warranty deed. That deed shows the Pachecos reserved 25% of the mineral estate. In 2008, G-4 conveyed its interest in the mineral estate to Freisenh... More...   $0 (07-30-2014 - TX)

These consolidated appeals are from a judgment disposing of various claims between a company that purchased property on which golf courses and undeveloped acreage were located, on one side, and owners of nearby homes and two homeowners’ associations on the other side. In the appeal by the homeowners’ associations, we address whether the trial court erred in granting summary judgment as to the ... More...   $0 (07-26-2014 - )

Robert J. Green and Marilyn Green appeal from a summary judgment in favor of the City of Dallas on the Greens’ bill of review in which they challenged a default judgment rendered against them. For the following reasons, we affirm the trial court’s judgment. We issue this memorandum opinion because the issues are settled in law. TEX. R. APP. P. 47.2(a), .4.
BACKGROUND1
In April 1992 the... More...   $0 (07-21-2014 - TX)

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi... More...   $0 (07-18-2014 - FL)

Ilan Brand appeals from the trial court’s entry of judgment in favor of defendants Hyundai Motor America and Allen Used Cars, LLC (dba Allen Hyundai; collectively hereafter Hyundai) after granting Hyundai’s nonsuit motion on Brand’s breach of implied warranty of merchantability lawsuit. (Civ. Code, § 1792; all subsequent statutory references are to this code unless noted.) Brand argues the ... More...   $0 (07-17-2014 - CA)

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini... More...   $0 (07-10-2014 - MA)

FLINTCO LLC, Plaintiff, v. THALDEN BOYD ARCHITECTS, DBA THALDENBOYD ARCHITECTS Defendant, and
CHARLES CHIEF BOYD, Defendant, and BARRY RICHARD THALDEN, DBA THALDEN BOYD ARCHITECTS
Defendant, and THALDEN BOYD ARCHITECTS LLC, Defendant, and THALDEN BOYD EMERY ARCHITECTS,
Defendant, and GREEN COUNTRY INTERIORS INC, Defendant, and ADVANTAGE GLASS INC, Defendant, and
... More...   $0 (07-07-2014 - OK)

This appeal is the result of a dispute between different groups of devisees who all claim to own royalties in the same property. Two groups of plaintiffs, now

Kimble v. Gostecnik Page 2

appellees, FPJ Land Company, Ltd. (FPJ) and Kristopher P. Gostecnik and Wells Fargo, trustee of the Albert E. and Myrtle Gunn York Trust (Gostecnik), sued to have the trial court construe certain ... More...   $0 (07-03-2014 - TX)

A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be b... More...   $0 (07-03-2014 - CA)

[¶ 1] Monica Clark, as the personal representative of the estate of Lester Jasmanka, appeals from a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. We affirm, concluding (1) the 1990 judgment was not void and therefore could not be vacated under N.D.R.Civ.P. 60(b)(4), and (2) the motion to vacate th... More...   $0 (06-29-2014 - )

Brazhia Wren v. Smart Auto Wholesale, LLC

Issue # 1.
Issue: FRAUD (FRAUD)
Filed by: WREN, BRAZHIA
Filed Date: 08/12/2013
Party Name: Disposition Information:

Defendant: SMART AUTO WHOLESALE LLC
Disposed: DISMISSED - SETTLED, 06/26/2014. Dismissed- Settled.

Issue # 2.
Issue: C/C - BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: SMA... More...   $4000 (06-26-2014 - OK)

¶1 This appeal involves a condition precedent in a real estate
purchase contract. The condition did not occur, and the buyer did
not complete the purchase. The district court ruled on summary
judgment that because the condition precedent benefitted the seller
Arata v. Shefco
20121028-CA 2 2014 UT App 148
alone, the seller alone could, and did, waive the condition,
trig... More...   $0 (06-26-2014 - UT)

¶1 In this appeal, we must determine whether a transfer of real property between affiliated business entities constitutes a "sale" for purposes of the Documentary Stamp Tax Act. We hold that the transfer of real property between affiliated corporations or transfers on behalf of the beneficial owner of real property are not taxable if any consideration paid does not exceed $100.

FACTS
... More...   $0 (06-24-2014 - OK)

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

¶ 1 This appeal arises out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue is whether an association’s purported failure to repair or maintain the common elements is germane to the proceeding, and thus may be raised by the unit owner in defense of the forcible action. We hold that it is not germane t... More...   $0 (06-19-2014 - IL)

This appeal arises from a fraud, breach of contract, and breach of warranty action brought by April Beguesse, Inc. (ABI) against Kenneth Rammell (Rammell), the estate of Christa Beguesse (Christa), and Christa Beguesse, Inc. (CBI) (collectively Defendants) and a breach of contract counterclaim brought by CBI against ABI. The parties went to trial and the jury returned
2
a verdict in favor ... More...   $0 (06-18-2014 - ID)

Appellants Rene and Marialis Lopez contracted with Metro Lumber Wholesale, Co., Inc., d/b/a Dallas Cedar Co.,1 to build a swimming pool. Afterward, they complained the pool leaked and that Metro did not fix the leaks. They sued Metro alleging fraud, breach of contract, negligence, breach of implied warranty, and breach of express warranty. The trial court granted Metro’s no-evidence motion for s... More...   $0 (06-18-2014 - TX)

This is an appeal out of Kootenai County from a judgment dismissing Mr. Pierce’s complaint seeking damages he sustained in what he contended was a foreclosure scam. Only Mr. McMullen, a Defendant, appeared in the action, but he did not deny the allegations of wrongdoing in the complaint. When Mr. McMullen failed to appear at the trial, the district court ordered that he was in default, that Mr. ... More...   $0 (06-17-2014 - ID)

This appeal arises out of a products liability case. In early June of 2007, Karrin Massey consumed at least one, but perhaps several, poultry pot pies that were manufactured by ConAgra Food, Inc. and sold under the Banquet brand name. Soon after, Karrin, who was six months pregnant at the time, developed salmonellosis. After an outbreak of salmonella was linked to Banquet pot pies, it was discover... More...   $0 (06-17-2014 - ID)

Tamar Orichian purchased a new 2007 BMW X5 automobile from a BMW dealership. BMW of North America, LLC, expressly warranted the vehicle against defects in materials or workmanship, agreeing to repair or replace any defective parts. Plaintiff filed a complaint for breach of warranty under the Song-Beverly Consumer Warranty Act (Civ. Code, § 1790 et seq.) (Song-Beverly)1 and the federal Magnuson-M... More...   $0 (06-14-2014 - CA)

Joseph Trotter and Tammy Trotter v. American Honda Motor Co., Inc.

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: TROTTER, JOSEPH
Filed Date: 10/07/2013
Party Name: Disposition Information:

Defendant: AMERICAN HONDA MOTOR CO INC
Disposed: DISMISSED - WITH PREJUDICE, 06/13/2014. Dismissed- Settled.

Issue # 1.
Issue: ... More...   $0 (06-13-2014 - OK)