James J. Flanagan Shipping Corporation appeals the trial court’s rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After s... More...   $0 (03-12-2013 - TX)

{1} This case requires us to determine whether a complaint based solely on the Uniform Commercial Code’s (UCC) provisions for breach of warranty, but seeking personal injury damages, is a claim under the UCC or a tort claim for personal injury. The determination affects which statute of limitation applies and, thus, whether the claim was properly dismissed as barred under the three-year limit on... More...   $0 (03-11-2013 - NM)

Eric Wyatt, Rebecca Wyatt, Eric & Rebecca Wyatt, DDS, P.C., Eastern Oklahoma Dental Institute, P.C. Access Dental Equipment, LLC sued Security Alarms Co., Inc., Southwest Fire Protection, Inc., The Viking Corporation, Security Alarms Monitoriing Co., LLC, Seneca Fire Engineering, LLC, and Assurance Company of America on products liability theories.

The claims made by parties are not availa... More...   $1500000 (03-09-2013 - OK)

The issue in this case is whether the district court signed a void judgment. Applying well established precedent, we hold that the trial court’s February 3, 2012 judgment was signed outside of the court’s plenary power, and we vacate that void judgment.

Background

The parties to this commercial dispute initially sued each other for (1) claims of breach of contract and breach of g... More...   $0 (03-07-2013 - TX)

Todd Garrett appeals a summary judgment in favor of Howmedica Osteonics Corporation (Howmedica) and Stryker Corporation (Stryker) in a products liability action involving an implanted prosthetic device.1 He contends the defendants failed to satisfy their burden to show that the prosthesis was not defective, the exclusion of portions of his expert‟s declaration was error and his expert‟s declar... More...   $0 (03-06-2013 - CA)

Todd N. Tipton and Constance J. Tipton sued Matt Wilson Custom Homes, LLC and Matt Wilson who sued Curtis Symes, Concrete Development, Inc., Rocky Stevens, W & B Construction, Hope Lumber & Supply Company, Warren Keith Bingham and Estate of Kelly Bingham on fraud theories claiming:

1. Plaintiffs are residents of Oklahoma County, State of Oklahoma.

2. Defendant, Matt Wilson Custom... More...   $0 (03-05-2013 - OK)

¶1 Plaintiffs (collectively referred to as the Homeowners) appeal from the District Court’s Opinion and Order, filed October 4, 2011. We affirm.

¶2 The Homeowners contend that the District Court erred by not recognizing that they have unrestricted easements across four roads located on the Hollingers’ property.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 This action arises fro... More...   $0 (03-05-2013 - MT)

Susan Ferguson, as next of kin of Wanda Parr, deceased, sued Genentech, Inc., Biogen, Inc. and Michael Keefer, M.D. on products liability theories claiming:

1. Wanda Parr is deceased, having departed this life on February 23, 2009.

2. Wanda Parr was a resident of Oklahoma County, Oklahoma.

3. This action is brought pursuant to 12 O.S. § 1054 by Susan Ferguson, surviving... More...   $0 (03-04-2013 - OK)

¶1 Defendant Jordan Pines Townhomes Owners Association, Inc. appeals the district court’s grant of partial summary judgment in favor of plaintiff, Isaac McQueen. McQueen cross‐appeals the district court’s denial of his requested attorney fees. We affirm.

BACKGROUND

¶2 Jordan Pines Townhomes Owners Association, Inc. (the Association) is a condominium association located in Wes... More...   $0 (02-28-2013 - UT)

Eric Wyatt, Rebecca Wyatt, Eric & Rebecca Wyatt, DDS, P.C., Eastern Oklahoma Dental Institute Professional Corporation, Access Dental Equipment, LLC sued Security Alarms Protection, inc., The Viking Corporation. Security Alarms Monitoring Co., Inc. Daniel L. Arnold, Seneca Fire Engineeing, LLC and Assurance Company of America on products liability and other theories.

In early 2004, Plain... More...   $0 (02-28-2013 - OK)

George Fleming and his law firm, Fleming & Associates, L.L.P., appeal from a judgment against them and in favor of Sandra Kinney, on behalf of Maybell Shelton; Elizabeth Parzanese; Annette Vincent; Annette Ruiz; Carol Martin; Renee Gaona; Helen Smith Blankenship; Lana Herron; Michelle Lindesmith; and Shirley Danford.1 We reverse the trial court’s judgment and remand for proceedings consistent wi... More...   $0 (02-28-2013 - TX)

RBS Mortgage, LLC appeals the trial court’s judgment, rendered after a bench trial, arguing the trial court erred by declaring a lien on real property void and enjoining foreclosure. We affirm.

BACKGROUND

In 2001, Ramiro Gonzalez Jr. (“Gonzalez”) and his then wife, Filomena Gonzalez, purchased the vacant lots at 844 S. San Joaquin St., San Antonio, Texas, that are the subject o... More...   $0 (02-28-2013 - TX)

Appellant, Manuel Artemio Garza, Jr., individually and as next friend of S.M.G., a minor, sued appellee, Thelma N. Garza, for claims arising from a real estate transaction. In the suit, Manuel brought claims for breach of warranty of title, common law fraud, statutory fraud, deceptive trade practices, and negligent misrepresentation. After a bench trial, the trial court rendered a take-nothing jud... More...   $0 (02-28-2013 - OK)

{1} Appellant Amethyst Land Co., Inc. (Amethyst) and Appellees James F. Terhune and Elizabeth R. Terhune (the Terhunes) are adjoining property owners in Santa Fe County, New Mexico. For several years, access to the property now owned by Amethyst was provided by a 40-foot, non-exclusive roadway and utility easement located on the land now owned by the Terhunes. In 2001, when the Terhunes purchased ... More...   $0 (02-26-2013 - NM)

[¶1] While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Natha... More...   $0 (02-26-2013 - WY)

Appellants Lamon “Mont” and Lori Gentillon as well as Wes and Connie Gentillon (the Partnership) appeal from the district court’s order granting title to all but .34 acres of a disputed parcel of land and a 30-foot easement in favor of Craig and Janice Peterson (the Petersons) in an action to quiet title to certain portions of riparian and agricultural land in Bingham County, Idaho. In 1998,... More...   $0 (02-26-2013 - ID)

Bryan P. Butler sued Mask Development, LLC, Mary Kean, Aaron Talton, Shawn Linfoot, Kristin Vannaconne and Keane Realtors, Inc. on negligence theories:

1. Plaintiff Bryan Butler is an individual residing in Tulsa County, State of Oklaho4i.

2. Defendant Mask Development, LLC is an Oklahoma Limited Liability Compy doii1g business in Tulsa County, State of Oklahoma.

3. Defe... More...   $1 (02-15-2013 - OK)

A nursing home patient, Harry Lee Stewart, signed an agreement providing for arbitration of disputes arising out of treatment and care at the nursing home. Stewart subsequently died, allegedly as a result of the nursing home’s negligence. Through the personal representative, Debra Laizure, his survivors brought a cause of action in circuit court for deprivation of rights under the applicable nur... More...   $0 (02-14-2013 - FL)

Oklahoma Gas and Electric Company sued Joetta Clay, Lavarene Hilliard and others on eminent domain theories claiming:

1. Oklahoma Gas and Electric Company (“OG&E”), a corporation, having been duly organized and incorporated under the laws of the State of Oklahoma, is authorized to conduct its business in this State, including the business of furnishing light, heat and power by electri... More...   $0 (02-04-2013 - OK)

Joseph Durham and Jennifer Pfeiffer sued 4 Corners Realty, LLC, 4 Corners on Wheels, LLC and 4 Corners Construction LLC on breach of contract theories claiming:

1. Defendants are Oklahoma limited liability companies registered to do business in the state of Oklahoma with their principal place of business in Oklahoma County, Oklahoma.

2. The Plaintiffs entered into a real estate p... More...   $0 (02-04-2013 - OK)

Brent McDonald, Charlie McDonald, and Elaine McDonald (collectively the McDonalds) appeal the summary judgment granted in favor of Franklin Credit Management Corporation (Franklin). In a single issue, the McDonalds argue for reversal of the summary judgment. We affirm.

BACKGROUND

Charlie McDonald executed a promissory note, and Charlie and Elaine executed a deed of trust, on real pro... More...   $0 (02-03-2013 - TX)

Premier Roofing and Constructions, LLC sued David Biesiada, Joi Biesiada and Hanover Insurance Company and Suntrust Mortgage, Inc. on negligence theories claiming:

1. Plaintiff Premier Roofing and Construction LLC (“Premier”) is
Oklahoma limited liability company with its main office in County, State of Oklahoma.

2. Defendant David Biesiada is a resident of Oklahoma Count... More...   $1 (02-02-2013 - OK)

Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's argued that New College's release of Babe's in connection with their settlement barred Pilot's claims against Babe's. Babe's also argued that Pilot's i... More...   $0 (02-01-2013 - FL)

Christopher James sued Thomas Craig Scheer and James Leonard and Toni Leonard d/b/a The Hudson Company Auto Brokers on personal tort theories claiming:

1. This case stems from the theft of a 2004 model Dodge pickup truck from Plaintiff during December 2009; the procurement of false Certificates of Title to the stolen vehicle based on fraudulent Affidavits submitted to the Oklahoma Tax Com... More...   $0 (01-31-2013 - OK)