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Partition Law
 
International Business Machines Corporation v. Groupon, Inc. District of Delaware Federal Courthouse - Wilmington, Delaware

Wilmington, DE - Jury Awards IBM $82.5 Million in Damages Against Groupon

International Business Machines Corporation sued Groupon, Inc. on patent infringement theories relating to:


U.S. Patent No. 5796967, titled Method for Presenting Applications in an Interactive Service. Issued in August 1998, it covers a method for presenting interactive applications on a computer n... More...
   $85500000 (08-02-2018 - DE)

Deborah Mclear-Gary v. Emrys Scott Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Deborah McLear-Gary appeals from a judgment declaring her prescriptive and
implied easement extinguished by adverse possession. She contends the trial court erred
in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts)
established an essential element of adverse possession—the “timely” payment of taxes
during the five-year statutory period. (See Code Civ.... More...
   $0 (07-12-2018 - CA)

Flippo Leone and Anna Leone v. BMI Refractory Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns the duty of care a contractor owes to a third party under Michigan tort law. When a piece of scrap metal seriously injured Filippo Leone
>
No. 17-1632 Leone, et al. v. BMI Refractory Servs., Inc. Page 2
while he was on the job, he sued the contractor that his employer had hired to clear the debris.
Sitting in diversity, the district court granted summary judgme... More...
   $0 (06-26-2018 - MI)

CHARLES W. GETTYS, JR. AND TAMMY ABIDE Vs. WILLIAM G. GETTYS, FLOELLEN SANCHEZ-RICKARD, VICTORIA FOGHT VIRGA AND MICHAEL VIRGA Louisiana Circuit Courts of Appeal

On December 15, 2004, the trial court signed a judgment of possession in
the Succession of Florence Schmit Gettys Sanchez, which awarded Plaintiffs
Appellees, Charles W. Gettys, Jr. (“Charles”) and Tammy Abide (“Tammy”)
(collectively “Plaintiffs-Appellees”) and Defendants-Appellants, William G.
Gettys (“William”), Floellen Sanchez-Rickard (“Floellen”), Victoria Foght Virga,
... More...
   $0 (05-18-2018 - LA)

Nancy Buccina; Scot A. Buccin v. Linda Ann Grimsby Northern District of Ohio Courthouse - Toledo, Ohio

Linda Ann Grimsby invited her friend Nancy Buccina to take a
boat trip on Lake Erie. Toward the end of the voyage, the boat hit a wave, jarring the passengers
and injuring Nancy. Nancy and her husband Scot sued. A jury found that Grimsby was not
negligent. But the district court granted Nancy and Scot’s motion for a new trial on the ground
that the evidence did not support the verd... More...
   $0 (05-06-2018 - OH)

John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant... More...
   $0 (02-04-2018 - CA)

Stara Orien v. Mista L. Lutz

Defendants Mista L. Lutz and Russell A. Howells appeal
from an order granting attorney fees to plaintiff Stara Orien,
respondent here, after the trial court entered an interlocutory
judgment of partition in her favor. The trial court found that an
attorney fee provision in an earlier settlement agreement among
the parties applied to the partition action, and thus awarded allMore...
   $0 (11-04-2017 - CA)

Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce the ... More...   $0 (10-09-2017 - TX)

In The Matter of Max Hopper, Decedent Dallas County Courthouse - Dallas, Texas

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.
... More...
   $0 (09-27-2017 - TX)

Jack Edwin Waring v. Felicia Phillips Waring Jasper County Courthouse - Jasper, Texas

Jack Edwin Waring seeks to reverse several of the trial court’s rulings that
addressed the division and characterization of property in his divorce. We conclude
the evidence admitted during the trial supports the trial court’s findings, and we
affirm the terms in the final decree.
2
Factual and Procedural Background
Jack Edwin Waring and Felicia Phillips married in 2012 but... More...
   $0 (09-23-2017 - TX)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
2
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

Gayle S. Cummings v. Jennifer Dessel

Defendants Jennifer Dessel and her daughter, Emily Seal, were half-owners of an
investment property; plaintiff Gayle S. Cummings owned the other half. After disputes
arose, Cummings sued seeking partition of the property. Following a bench trial, and
over the objection of Dessel and Seal, the court ordered partition of the property by the
appraisal method—that is, each half-owner c... More...
   $0 (07-20-2017 - CA)

ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the ... More...   $0 (06-08-2017 - TX)

In re Kathleen M. Grant v. John D. Grant

This appeal pits the importance of finality in litigation against
the requisite for a full accounting of assets in a marital dissolution. Based on Washington
statutes and the Supreme Court's wisdom in Yeats v. Estate of Yeats, 90 Wn.2d 201, 580
P.2d 617 (1978), we side with an inclusive accounting. In this partition action, we
reverse the trial court's ruling that a dissolution dec... More...
   $0 (05-23-2017 - WA)

Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their
2
late father’s assets. The trial court granted summary judgment against Elma,
awarding damages to her siblings and declaring void a gift of real property.
On appeal, Elma raises two issues, arguing that the court lacked subjec... More...
   $0 (05-23-2017 - TX)

Ronald Lenn v. Lane County

In this writ of review proceeding, petitioners Ronald
and Kathleen Lenn appeal a judgment of the circuit court
upholding Lane County’s partition of respondent Bottem’s
property and approval of a second home site on that property
under Measure 49 (2007). Petitioners contended in
the trial court that the county erred in approving the partition
because it depends on access fro... More...
   $0 (05-17-2017 - OR)

Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join... More...
   $0 (02-16-2017 - TX)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

United States of America v. Jose Lemus

San Jose, CA - Salinas Resident Sentenced To Four And A Half Years In Prison For Bank Robbery

Jose Lemus was sentenced today to serve 54 months in prison for his role in an armed bank robbery, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence, handed down today by the Honorable Lucy H. Koh, District ... More...
   $0 (01-11-2017 - CA)

COMMONWEALTH vs. KRISTOPHER GRIFFIN Case No. - SJC-11524

In the late evening or early morning of July 23 and 24, 2009, the defendant broke into the house where his six year old daughter lived with the defendant's former girl friend and slit his daughter's throat, causing her death.

1 Justices Spina and Duffly participated in the deliberation on this case prior to their retirem... More...
   $0 (11-04-2016 - )

Christy Allane Rodriguez v. The State of Texas

Rodriguez was charged by indictment alleging in relevant part that, “with intent to
assault, harass, or alarm,” she caused Denison police officer Holly Jenkins “to contact
[Rodriguez’s] saliva” while Jenkins was effecting Rodriguez’s arrest. See TEX. PENAL CODE
ANN. § 22.11(a)(2) (West Supp. 2015). The charge arose after Rodriguez spit on Jenkins
numerous times while Jenkins ... More...
   $0 (08-04-2016 - TX)

Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired
an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In
their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either
hold or h... More...
   $0 (08-02-2016 - TX)

RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a... More...   $0 (07-16-2016 - DC)

State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors vs. ConocoPhillips Company and Phillips 66 Company, and Cory Wagoner

On April 23, 2013, the Board filed suit against Phillips alleging that Phillips
improperly obtained reimbursement from the Fund. Wagoner moved to intervene as a
matter of right and, with that motion, Wagoner tendered a motion to dismiss the Board’s
suit for the court’s consideration should intervention be granted. On November 13, 2014,
the trial court entered an interlocutory... More...
   $0 (06-28-2016 - MO)

In the Matter of the Estate of Marion M. Kay Edward D. Sullivan, as Personal Representative of the Estate of Marion M. Kay v. Martha Brown and Mary Moses

This appeal arises out of Appellant's administration of the Estate of Marion Milam Kay who passed away on May 3, 2007. In her last will and testament, Kay appointed Appellant to serve as her personal representative (PR). As PR for the Estate, Appellant was charged with the responsibility of distributing Kay's assets, and in turn, Kay's will granted Appellant "reasonable compensation for the ser... More...   $0 (06-22-2016 - SC)

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