Warranty Law
 
Esther Mwangi v. Auto Services Company, Inc.

Esther Mwangi sued Auto Services Company, Inc. on a breach of contract theory claiming:

1. Esther Mwangi is a resident of Oklahoma County, Oklahoma.

2. Defendant, Auto Services Company, Inc. (hereafter “ASC”), is a foreign corporation, authorized to do business in the State of Oklahoma.

3. Upon information and belief, defendant is authorized to sell and issue extende... More...
   $1 (06-18-2013 - OK)

Greg Donlen v. Ford Motor Company

Plaintiff Greg Donlen appeals from the trial court‟s grant of a new trial following a jury verdict awarding him damages in his lemon law action against defendant Ford Motor Company (Ford). He claims the court committed no error at trial and thus had no

2

jurisdiction to grant a new trial on that basis. Ford also appeals, asserting that if we reverse the new trial order, we shou... More...
   $35000 (06-14-2013 - CA)

Karen Capone v. Philip Morris USA, Inc.

Petitioner Karen Capone seeks review of the decision of the Third District Court of Appeal in Capone v. Philip Morris U.S.A. Inc., 56 So. 3d 34 (Fla. 3d DCA 2010), based upon express and direct conflict with the decision of the Second District Court of Appeal in Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.More...   $0 (06-13-2013 - FL)

T. Michael Frizell v. Warrior Reinsurance Company, Ltd.

T. Michael Frizell and Michael Farley sued Warrior Reinsurance Company, Ltd. and H. Wayne Cline seeking a declaratory judgement, claiming:

1. Plaintiff T. Michael Frizell (“Frizell”) is an individual and a resident of Tulsa County, Oklahoma.

2. Plaintiff Michael Farley (“Fancy”) is an individual and a resident of Tulsa County, Oklahoma,

3. Defendant Warrior Reinsurance... More...
   $0 (06-13-2013 - OK)

Jeremy Perkins v. CR Forma Corporation

Jeremy Perkins and Alisa Perkins sued CR Forma Corporation on breach of contract theories claiming:

1. The Perkins, a married couple, are and at all pertinent times were, residents of Tulsa County, Oklahoma.

2. CR Forma is a corporation created and existing under the laws of the state of Oklahoma, with its principal place of business in Tulsa County, Oklahoma.

3. This Court ha... More...
   $0 (06-11-2013 - OK)

Robert Welter v. Uponor North America, Inc.

Robert Welter and Roberta Welter sued Perfection Homes by Wayne Farabough, LLC, Wayne Farabough, L & M Plumbing Contractors, Inc. and Uponor North America, Inc. on manufacturers products liability, breach of implied warrant, breach of contract, negligence, negligence supervision, and breach of implied warranty of workmanlike performance theories claiming:

1. The Welters are, and at all pert... More...
   $0 (06-09-2013 - OK)

Oscar Ortega v. Uponor, Inc.

Several class action lawsuits were commenced against Uponor, Inc. and Radiant Technology, Inc. in 2009, alleging that they had manufactured and distributed leaky brass plumbing fittings. The cases were consolidated by the judicial panel on multidistrict litigation, and after months of negotiation the parties reached a settlement agreement in November 2011. The district court1 then certified the pr... More...   $0 (06-07-2013 - MN)

In Re: Standard Jury Instructions - Contract and Business Cases

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri... More...   $0 (06-06-2013 - FL)

Eric Anthony Mareshie v. Bixby Woodcreek Homeonwers Association

Eric Anthony Mareshie and Gregory A. Horwith sued the Bixby Woodcreek Homeonwers Association, James E. Thompson, Kamran K. Momeni, Jason W. Bennett and Reza Ghavami seeking an injunction against the Defendants claiming:

1. This is an action for a tempora restraining order and temporary and permanent injunctions to prevent Defendants from violating the governing documents of Woodcreek, and... More...
   $1 (06-06-2013 - OK)

Gray Overstreet v. Herman Bissett

Gray Overstreet and Nancy Hill Overstreet sued Herman Bissett, Bissett Revocable Trust, Gina Fox, McGraw Davisson Stewart, LLC, Allison & Associates, LLC, Allison & Associates Co., and Denis Mink on fraud theories.

1. Plaintiffs, Gary and Nancy Hill Overstreet, are residents of Tulsa County,
Oklahoma.

2. Defendant Herman Bissett is formerly a resident of the State of Oklahoma... More...
   $0 (06-06-2013 - OK)

Olympia Gunn v. Baptist/St. Anthony's Health Network

After she was injured on the job, appellant Olympia Gunn signed a waiver subject to Texas Labor Code § 406.033.1 When she later sued her employer, the trial court granted a summary take-nothing judgment in favor of the employer. She appeals. We will affirm.

___________________

1 Texas Labor Code Ann. § 406.033 (West 2011).

2

Background

Gunn began work as an ove... More...
   $0 (06-03-2013 - TX)

Loch 'N' Green Village Section Two Homeowners Association, Inc. v. Sharon Murtaugh

Appellant Loch ‘n’ Green Village Section Two Homeowners Association, Inc. (appellant or the Homeowners Association) appeals the trial court’s order granting the motion for summary judgment filed by appellees Sharon Murtaugh,

____________________

1See Tex. R. App. P. 47.4.

2

Connie J. Ragsdale, Pamela L. Johnston, Eileen Greene, and Russell Greene. We affirm.
More...
   $0 (06-01-2013 - TX)

Bone & Joint Treatment Centers of America v. HealthTronics Surgical Services, Inc.

The plaintiff below, Bone & Joint Treatment Centers of America (“BJA”), appeals from the final judgment entered in its favor against defendant HealthTronics Surgical Services, Inc. (“HealthTronics”), and from the final judgment entered in favor of defendants HT Orthotripsy Management Company, LLC (“HTO”), a wholly-owned subsidiary of HealthTronics, and SanuWave, Inc. (“SanuWave”). ... More...   $0 (05-24-2013 - FL)

Darby Kyle d/b/a South Coast Roofing and Repair, LLC v. Alma Zepeda

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast”), challenge the trial court’s post-answer default judgment rendered in favor of

2

appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside ... More...
   $0 (05-23-2013 - TX)

Diplomat Properties Limited Partnership v.l Tecnoglass

Appellant, Diplomat Properties, L.P. (“Diplomat”), appeals an order which dismissed all of its claims against the defendants, Tecnoglass USA, Inc., and Tecnoglass Colombia S.A., Inc. (collectively “Tecnoglass”). In this appeal, Diplomat challenges only the dismissal of its common law indemnity claim. We reverse.

Diplomat is the owner of the Westin Diplomat Resort and Spa (the “hot... More...
   $0 (05-22-2013 - FL)

Elite Door & Trim, Inc. v. Deidree Tapia d/b/a Tapia Construction

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El... More...   $0 (05-22-2013 - TX)

Paula K. Gregory v. Old Republic Home Protection

Paula K. Gregory, individually and on behalf of the estates of Darryl Gregory, Jr. and Monique L. Carpenter sued Old Republic Home Protection on negligence wrongful death, breach of implied warranty and unfair and deceptive trans practices theories claiming that both died on November 14, 2008 as a direct result of carbon monoxide poisoning as a result of faulty repair of a heating system where ... More...   $0 (05-21-2013 - NC)

OKC Town Center, LLC v. The City of Oklahoma City

1. That Petitioner brings this action pursuant to 11 O.S. 2001. § 42-111 and seeks an Order from the Court foreclosing The City of Oklahoma City’s aosolute right to reopen a portion of that certain public right of way (the “Portion of Righi of Way to be Vacated”) described on Exhibit 1 and depicted on Exhibit 2, both attached hereto and made a part hereof.

2. That pursuant to 11 O.S.... More...
   $0 (05-17-2013 - OK)

Robert F. Meekins, Jr. v. Roy Wisnoski and Mari Kay Wisnoski

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.” In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

Peter Payne v. J. Baker Corporation

In four issues, Appellants Peter and Mary Beth Payne, David and Oksana Howard, Melvin and Donna Harris, and Christina Childers (collectively, the Homeowners) appeal the trial court’s summary judgments for Appellees J. Baker Corporation formerly known as Little Elm/2000, Ltd.; Landstar Homes Dallas, Ltd.; GCS Trails of Frisco, L.P. d/b/a The Trails of Frisco Golf Club; and Sun Den Frisco Investme... More...   $0 (05-16-2013 - TX)

In The Matter of the Estate of Willard O. Allen, deceased

This is an appeal of an order admitting a will to probate as a muniment of title. Appellant, Willard Miles Allen, objected to the probate of his father’s will, alleging that his mother, Jo Ann Allen, was in default for failing to offer the will to probate within the four-year time period prescribed by TEX. PROB. CODE ANN. § 73(a) (West 2003). In a bench trial, the trial court found that Jo Ann ... More...   $0 (05-09-2013 - TX)

Global General Construction Services, L.L.C. v. Ramona Jones

This appeal stems from a roof replacement on Ramona Jones’s home performed by Global General Construction Services, LLC (Global). Jones sued in small claims court, and the court granted Global’s motion for summary judgment based on the statute of limitations. Jones appealed to the county court at law, which conducted a trial de novo and ruled in favor of Jones. Global appeals the judgment of t... More...   $0 (05-09-2013 - TX)

Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More...
   $0 (05-09-2013 - TX)

Todd Kurtin v. Bruce Elieff

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial ... More...   $0 (05-09-2013 - CA)

Kimberly N. Squires v. Breckenridge Outdoor Education Center

Plaintiff Kimberly Squires filed this diversity action against Defendant Breckenridge Outdoor Education Center asserting claims for negligence and gross negligence following a ski accident in which she was injured. The magistrate judge granted Defendant’s motion for summary judgment in part, concluding Plaintiff’s mother, Sara Squires, had validly released any claim for negligence against Defe... More...   $0 (05-07-2013 - CO)

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AK Morlan
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