Warranty Law
 
William Alexander Roper, Jr. v. CitiMortgage, Inc.

This appeal arises out of probate proceedings related to the estate of Michael C. Roper. Michael’s brother, William A. Roper, Jr., is a potential heir to Michael’s estate.1 When the appellee, CitiMortgage, Inc., sought to enforce its security interest on a certain piece of real property (the Property) that is part of Michael’s estate and to sell the Property, Roper intervened and opposed Cit... More...   $0 (11-27-2013 - TX)

Kimzey Wash, LLC v. LG Auto Laundry, LP

Kimzey Wash, LLC appeals from a take-nothing summary judgment in favor of LG Auto Laundry on Kimzey’s lawsuit seeking declaratory relief to quiet title on certain real property in which LG has asserted a leasehold interest. Kimzey argues that the trial court should have rendered summary judgment in its favor because it conclusively established that (1) LG’s ground lease was extinguished by the... More...   $0 (11-26-2013 - TX)

Ken Lapponsese v. Carts of Colorado, Inc.

Carts of Colorado, Inc. (“Carts of Colorado”) appeals from the judgment of the trial court entered upon a jury verdict in favor of Ken Lapponese (“Lapponese”) on his claim for damages relating to unpaid sales commissions. Sections 407.911 et seq. of the Missouri Merchandising Practices Act allows for the recovery of statutory damages and attorneys’ fees should sales commissions not be pa... More...   $0 (11-26-2013 - MO)

In Re James G. Herman

Debtor-Appellee James G. Herman filed for bankruptcy in a Chapter 7 proceeding on June 4, 2010. On Herman’s bankruptcy petition, Appellant John P. Miller was listed as a creditor, but with the address “c/o Thomas Stilp, Attorney” at Stilp’s office address. The notice of bankruptcy was delivered to Stilp’s office in June 2010, but Stilp did not receive the notice or advise Miller about th... More...   $0 (11-26-2013 - IL)

5 J Aviation, LLC v. Bank of America

5 J AVIATION, L.L.C. sued BANK OF AMERICA; TRAJEN FLIGHT SUPPORT L.P. d/b/a ATLANTIC AVIATION; FREDERICK RANDOLPH CRAFT, JR. an individual; BRUCE LYNDON MOORE, an individual; THOMAS RICHARD HUNTINGTON JR., an individual; and, KONI L. COUTS-SPEARS, an individual on civil fraud theories claiming:

1. Plaintiff is an Oklahoma limited liability company, with its principal place ofbusiness in O... More...
   $0 (11-20-2013 - OK)

I-nnovate Technology v. YoungSoft, Inc.

Appellant Innovate Technology Solutions, L.P. appeals the trial court’s adverse summary judgment and adverse directed verdict on its counterclaims against appellee Youngsoft, Inc. In two issues, Innovate argues the trial court erred by concluding its claims were barred by a limitation of liability provision contained in the parties’ agreement and that the evidence was insufficient to support t... More...   $0 (11-19-2013 - TX)

D.R. Horton - Texas, Ltd. and DRHI, Inc. v. Savannah Properties Associates, L.P.

Appellants D.R. Horton – Texas, Ltd. (D.R. Horton) and DRHI, Inc. (DRHI) appeal a summary judgment in favor of Appellee Savannah Properties Associates, L.P. (Savannah). In three sub-issues, D.R. Horton and DRHI contend the trial court erred by not granting their motion for continuance of the submission date of Savannah’s summary judgment motions, by granting

2

Savannah’s motion... More...
   $0 (11-07-2013 - TX)

Fernando Garcia v. Jacqueline Cruz

In this unlawful detainer matter, defendant Jacqueline Cruz appeals the judgment entered in favor of plaintiff Fernando Garcia. The issue on appeal is whether the trial erred when it denied defendant the right to a jury trial after defendant failed to post past-due rent pursuant to the court‟s order. We find prejudicial error and, accordingly, reverse the judgment.

1Retired judge of the... More...
   $0 (11-06-2013 - CA)

Florentino Garza d/b/a Tino's Auto Mart v. Ford Motor Company

In 2008, Luis Aguilar died when a vehicle fell from a car jack and landed on him. Aguilar’s estate and survivors sued Ford Motor Company and Florentino Garza, a used car dealer doing business as Tino’s Auto Mart.1 The trial court rendered a directed verdict in Garza’s favor and, following a jury trial, a take-nothing verdict was rendered in favor of Ford. At the directed verdict

1 T... More...
   $0 (11-06-2013 - TX)

Dionisio G. Torres d/b/a Torres Design & Construction, Torres Design & Construction, Inc., and Torres Construction v. Leticia Hayes

Dionisio Torres appeals from a no-answer default judgment. In two issues, he contends the trial court erroneously denied his motion for a new trial, and in the alternative, he is entitled to a remand for a new hearing on damages. We affirm.

BACKGROUND

Leticia Haynes hired Torres to build a restaurant in Laredo, Texas. In July 2011, Haynes filed suit against Torres alleging breach of ... More...
   $0 (11-06-2013 - TX)

Grigsby's Carpet Showroom, Inc. d/b/a Grigsby's Carpet & Title v. South Tulsa Retirement, Inc., d/b/a Senior Suites

Grigsby's Carpet Showroom, Inc. d/b/a Grigsby's Carpet & Title sued South Tulsa Retirement, Inc., d/b/a Senior Suites on a breach of contract theory claiming:

1. The Defendant, Senior Suites, is indebted to Grigsby’s in the amount of
$5,161.95 for certain labor performed and materials furnished to Senior Suites by Grigsby’s at Senior Suites’ special instance and request on contr... More...
   $1 (11-05-2013 - OK)

Delmar Byrl Garrett v. Carlotta Gordon

¶1 Plaintiff/Appellant Delmar Garrett1 (Delmer) appeals the September 13, 2011, Journal Entry Order of the district court denying his Motion to Vacate Void Judgment, Vacate Partition Order, and Emergency Motion to Stay Sheriff's Sale. The judgment sought to be vacated was entered in a divorce suit in which Delmer was named as a party. Because the judgment roll in the divorce proceeding shows that... More...   $0 (11-04-2013 - OK)

City of Tulsa v. David Dean Dobson

The City of Tulsa sued David Dean Dobson, Sharon Kay Dobson, Fern Maxine Sunderland, Cellco Partnership, DBA Verizon Wireless, et al. on an eminent domain theories seeking to acquire certain rights, title and interests in real property owned by Defendants for public purposes.

1. Plaintiff/Condemnor is a municipal corporation organized and existing under and by virtue of the Constitution and... More...
   $39000 (11-04-2013 - OK)

Hemphill Corporation v. Air X Hemphill, L.L.C.. et al.

Hemphill Corporation sued Air X Hemphill, LLC; Air X Group; Air X Limited, Inc., Eads & Associates of Oklahoma, Pendleton Company, AXH Air Coolers, LLC, Ken Jones, Dave Watkins, Rick Grapengater, Billy Hammer, Nick Breese, Sr. and James Pendleton declaratory judgment and breach of contract theories.

The Pre-Trial Ordered (121 pages in length) entered by the Court before trial provided in pa... More...
   $10000000 (11-01-2013 - OK)

Aruna G. Shah v. Intermountain Healthcare, Inc.

¶1 Aruna G. Shah and Ghanshyam B. Shah appeal the trial court’s denial of their motion for leave to amend their complaint against Intermountain Healthcare, Inc. (LDS Hospital), Dr. Kelly Myers, Dr. Thomas D. Bauman, Dr. George E. Thomsen, Dr. James Zebrack, and Dr. David S. Feuer (collectively, the Defendants). We affirm.

BACKGROUND

¶2 The Shahs were involved in an automobile acc... More...
   $0 (10-31-2013 - UT)

Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.
More...
   $0 (10-31-2013 - TX)

Lena Hamlin v. The Wilderville Cemetery Association

2 Plaintiff brought several claims against defendant, a nonprofit corporation
3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and
4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her
5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's
6 cemetery, and the lawsuit involves cl... More...
   $0 (10-30-2013 - OR)

Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou... More...
   $0 (10-30-2013 - FL)

Southwestern Bell Telephone Company d/b/a AT&T Oklahoma v. Levitts Underground, LLC

Southwestern Bell Telephone Company d/b/a AT&T Oklahoma sued Levitts Underground, LLC a property damage negligence theory claiming:

1. On or about the 27th day of August, 2009, the Defendant, by and through its authorized
agents, subcontractors or employees, negligently damaged telecommunications equipment owned by the Plaintiff and located at or around the front of 5200 South Harvard... More...
   $61000 (10-27-2013 - OK)

Michael Longo v. Training Library, LLC dba Poolside

Michael Longo sued Training Library, LLC dba Poolside and Nolyn Bayne on breach of contract theories claiming:

1. The Longos are residents of Tulsa County, Oklahoma.

2. Defendant Training Library LLC d/b/aJ Poolside’ (“Poolside”) is believed to be an Oklahoma limited liability company doing business in Tulsa County, Oklahoma.

3. Defendant Nolyn Bayne is believed to resi... More...
   $11493 (10-27-2013 - OK)

Dr. Marc Ellman, Individually, and d/b/a Southwest Eye Institute, Vista Surgery Center, LLC, and AURA Development, LLC v. JC General Contractors and Jose M. Chavez

Appellants, Dr. Marc Ellman, individually and d/b/a Southwest Eye Institute, Vista Surgery Center, LLC, and Aura Development, LLC, appeal the trial court’s denial of their motion to compel arbitration. For the reasons that follow, we affirm.

FACTUAL SUMMARY

On November 9, 2006, JC General Contractors1 entered into an agreement with Marc Ellman, M.D.2 for the construction of a shell... More...
   $0 (10-27-2013 - )

United States of America v. Countrywide, et al.

Preet Bharara, the United States Attorney for the Southern District of New York, Steve A. Linick, the Inspector General of the Federal Housing Finance Agency (“FHFA”), and Christy L. Romero, the Special Inspector General for the Troubled Asset Relief Program (“SIGTARP”), announced today that the United States has filed a civil mortgage fraud lawsuit against BANK OF AMERICA CORPORATION (“... More...   $0 (10-25-2013 - )

Baptist Village Retirement Communities of Oklahoma, Inc. v. Innovative Engineering Group, LLC

Baptist Village Retirement Communities of Oklahoma, Inc. sued Innovative Engineering Group, LLC, O'Connor Company, Inc., Mitsubishi Electric and Electronics USA, Inc., Wynn Construction Co., Inc. and Air Comfort, Inc. on breach of contract theories alleging:

1. Plaintiff, Baptist Village Retirement Communities of Oklahoma, Inc., (“BVRXZ”) is a corporation operating a retirement commun... More...
   $0 (10-21-2013 - OK)

Consolidate Oil Well Services, L.L.C. v. Dakota Exploration, L.L.C.

Consolidate Oil Well Services, L.L.C. sued Dakota Exploration, L.L.C. on a breach of contract theory.

The specifics of the claims made are not available.

1. Defendant admits the allegations contained in paragraph 1 of Plaintiff’s Petn.

2. Defendant admits the allegations contained in paragraph 2 of Plaintiffs Ped3cn.

3. Defendant admits the allegations as to venue and... More...
   $1 (10-19-2013 - OK)

Mauna Loa Investments, LLC v. Anamaria Santiago

We grant Anamaria Santiago’s Motion for Rehearing, withdraw our prior opinion filed on March 20, 2013, and substitute the following in its place. Mauna Loa Investments, LLC (“Mauna”), appeals from a final judgment entered in favor of Anamaria Santiago (“Santiago”) after a default was entered against it and a jury trial conducted on damages. Because the complaint fails to state a claim up... More...   $0 (10-16-2013 - FL)

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