No B9-CV. In The Court Of Appeals COURT OF APPEALS For The Fifth District of Texas,-- JUN \,..4. GREG CUNNIGHAM, Appellant,

Size: px
Start display at page:

Download "No. 05-12-000B9-CV. In The Court Of Appeals COURT OF APPEALS For The Fifth District of Texas,-- JUN 1 4 2012 \,..4. GREG CUNNIGHAM, Appellant,"

Transcription

1 No B9-CV FILED IN In The Court Of Appeals COURT OF APPEALS For The Fifth District of Texas,-- JUN \,..4 Dallas Cormty, Texas ~-- LISA MATZ CLERK, 5th DISTRICT GREG CUNNIGHAM, Appellant, v. DIVIDEND INVESTMENT,j.V., FAROOQ SELOD, AMANULLA KHAN, AND BOBBY ANGUN, Appellee. APPEAL FROM THE]UDGMENT OF COUNTY COURT AT LAW No.2 OF DALlAS, COUNTY, TEXAS BRIEF FOR APPEl.I.EE ATrORNEYS FOR APPELLEES FRANK D. CHANDLER LINZ & CHANDLER, P.C. 1,0() Katy Building 701 Commerce Street Dallas, Texas , / ,8 CHERYL D. SMITH IA W OFFICE OF CHERYL SMITH ~il1 Main Street Suite 300 Fort Worth, Texas ,5 June 15, 2012

2 .. LIST OF PARTIES AND COUNSEL Appellant: Mr. Greg Cunningham Preston Road, Suite 1 050E Dallas, Texas Appellant's Counsel: Mr. Timothy W. Sorenson State Bar No Preston Road, Suite 102, PMB 116 Dallas, Texas Appellee: Dividend Investment, J. V th A venue, Suite 506 Fort Worth, Texas Mr. Farooq Selod 800 8th A venue, Suite 506 Fort Worth, Texas Dr. Amanulla Khan 4201 Medical Center Drive, Suite 180 McKinney, Texas Mr. Bobby Anglin 6717 Talmadge Dallas, Texas Appellee Counsel for: Dividend Investment, Mr. Farooq Selod and Dr. Amanulla Khan: Appellee Counsel for: Mr. Bobby Anglin: Ms. Cheryl D. Smith Attorney at Law 314 Main Street, Suite 300 Fort Worth, Texas Mr. Frank D. Chandler 400 Katy Building 701 Commerce Street Dallas, Texas 75202

3 Trial Court: Honorable King Fifer County Court At Law No Commerce Street, 5th Floor Dallas County, Texas

4 REQUEST FOR ORAL ARGUMENT Appellees do not believe that oral arguments by the parties will be an aid to the Court in resolving the issues presented by Appellant herein, however should the Court grant Appellant's request for oral argument, Appellees request that they be allowed oral argument to respond. 111

5 TABLE OF CONTENTS LIST OF PARTIES AND COUNSEL... 1 REQUEST FOR ORAL ARGUMENT... iii TABLE OF CONTENTS... iv TABLE OF CITATIONS... vi STATEMENT OF THE ISSUES... 1 STATEMENTOFTHECASE Course of Proceedings and Disposition in Court Below Statement of Facts... 5 SUMMARY OF THE ARGUMENT... 7 ARGUMENT... 7 ISSUE NO. 1 RESTATED: APPELLANT HAS FAILED TO PRESERVE HIS COMPLAINT AS TO WHETHER THE TRIAL COURT ERRED BY HEARING APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT ON THE DAY OF SUMMARY JUDGMENT HEARING WHEN APPELLANT FAILED TO REQUEST A CONTINUANCE TO RESPOND TO THE OBJECTIONS. 7 ISSUE NO.2 RESTATED: THERE WAS NO ERROR IN THE TRIAL COURT'S SUSTAINING THE APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT. (APPELLANT'S ISSUES 2, 3, 4 ARE COMBINED).. 9 ISSUE NO.3 RESTATED: APPELLANT FAILED TO PROVIDE THE TRIAL COURT WITH EVIDENCE TO SUPPORT EACH ELEMENT OF HIS CLAIM FOR BREACH OF CONTRACT AND CONVERSION.. 12 lv

6 CONCLUSION CERTIFICATE OF SERVICE v

7 TABLE OF CITATIONS CASES Page Brownlee v Brownlee, 665 S.W.2d at 112 (Tex. 984) Cire v. Cummings, 134 S.W.3d 835, (Tex. 2004)... 9 Gerstacker v. Blum Consulting Eng'rs, Inc., 884 S.W.2d 845, 848 (Tex. App.-Dallas 1994, writ denied) Owens v. Comerica Bank, 229 S.W.3d 544, 548 (Tex. App.-Dallas 2007, no pet.)... 9 Trusty v. Strayhorn, 87 S.W.3rd, 756, 763 (Tex. App.-Texarkana [6th Dist] 2002)... 8 Webster v. Allstate Ins. Co., 833 S.W.2d 747, (Tex. App.- Houston [1st Dist.] 1992, no writ)... 8 RULES AND STATUTES Vl

8 STATEMENT OF THE ISSUES ISSUE N0.1 APPELLANT HAS FAILED TO PRESERVE HIS COMPLAINT AS TO WHETHER THE TRIAL COURT ERRED BY HEARING APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT ON THE DAY OF SUMMARY JUDGMENT HEARING WHEN APPELLANT FAILED TO REQUEST A CONTINUANCE TO RESPOND TO THE OBJECTIONS. ISSUE NO.2: THERE WAS NO ERROR IN THE TRIAL COURT'S SUSTAINING THE APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT. (APPELLANT'S ISSUES 2, 3, 4 ARE COMBINED) ISSUE NO.3: APPELLANT FAILED TO PROVIDE THE TRIAL COURT WITH EVIDENCE TO SUPPORT EACH ELEMENT OF HIS CLAIM FOR BREACH OF CONTRACT AND CONVERSION. 1

9 STATEMENT OF THE CASE 1. Course of Proceedings and Disposition in Court Below. On April 7, 2010, Appellant, Gregory Cunningham along with a company allegedly owned by Appellant, known as CFB-5, Inc. d/b/a U.S. Net, filed an Original Petition in the County Court At Law No. 3 of Dallas County under cause number ee-l c, seeking recovery from Appellee Anglin for damages he allegedly suffered for breach of contract with regards to a commercial lease agreement between the parties and an alleged conversion of Appellant's equipment contained in the leased premises. (Clerk's Record [C.R.] Pgs 9-11). On April 26, 2010 the Appellant filed a Motion to Consolidate seeking to consolidate the above referenced action with an action pending in the County Court At Law No. 2 of Dallas County under cause number cc b in which Appellee Anglin was seeking recovery for unpaid rents. (C.R. pgs ). No action was taken on this motion to consolidate. 15). On June 3, 2010, Appellee Anglin filed his original answer. (C.R. pgs. 14- On June 4, 2010, an Order was entered transferring case number ee-l C to Dallas County Court At Law No.2 by Dallas County Court at Law No. 2

10 3 and assigning it case No. cc cthe Dallas County District Court. (C.R. pg. 16) On March 18, 2011, Appellant amended his original petition dropping CFB- 5, Inc. d/b/a U.S. Net as plaintiffs and adding Appellees Dividend Investment, Selod and Khan again seeking damages for breach of contract, conversion and exemplary damages (C.R. pgs ). On April 1, 2011, Appellees Dividend Investments, Selod and Khan filed their general denial in this case. ( C.R. pg ). On September 9, 2011 after Appellant's deposition and his admission that he did not own the equipment which is the basis of Appellant's suit, Appellees Dividend Investment, Selod and Khan filed an amended answer and counter-claim seeking damages for filing a frivolous lawsuit (C.R. pg 50-51). On or about September 19, 2011, Appellee Anglin filed a Motion for summary judgment seeking both a traditional and a no evidence motion for summary judgment (C.R. pgs ). On September 28, 2011, Appellees Dividend Investment, Selod and Khan filed their motion for summary judgment. (C.R. pgs ). 3

11 ). On October 13, 2011, Appellant refilled its motion to consolidate (C.R. pgs. On October 19, Appellant filed his response to Appellees motions for summary judgment (C.R. pgs ). In support of Appellant's response, the Appellant filed an affidavit of his counsel (C.R. pgs ), Appellants affidavit (C.R. pgs ) and Plaintiffs Request for Judicial Notice (C.R. pgs ). On October 26, 2011, Appellees filed objections to Appellant's response to the Appellees' motions for summary judgment (C.R. pgs ). On November 30, 2011 the Honorable King Fifer issued his ruling granting Appellee Anglin's traditional and no evidence motion for summary judgment and granting Appellees Dividend Investment, Selod and Khans, traditional and no evidence motion for summary judgment, denying sanctions and sustaining the objections to Appellant's summary judgment evidence. (C.R. pg. 245) On or about December 19, 2011, an Order setting forth the Court's ruling was entered by the Court. (C.R. pg ). On January 10, 2012 it appears that a Notice of Appeal was filed by Appellant. (C.R. pg 261). 4

12 2. Statement of Facts. Appellee generally has no objection to the recitation of facts set forth in the Appellant's Brief except for the following points: On September 10, 2009, Appellee gave Appellant and other tenants notice of his intent to raise the tenant's rents and obtain new commercial leases from each tenant including Appellant. On or about October 8, 2009, Appellee Anglin again gave Appellant, both orally and in writing, notice of Appellee Anglin's, intent to raise the rent on the leasehold beginning December 1, Anglin provided Appellant with the amount of the increase and a new lease agreement which the Appellant did not execute. On January 18, 2010, Appellee Anglin again attempted to negotiate a new lease with Appellant. On or about March 12, 201 0, Appellee Anglin after not receiving the March 2010 rent payment, gave Appellant written notice to vacate the premises. On or about March 19, 2010, Appellant Anglin filed a suit for forcible entry and detainer with the Justice of the Peace Court, Precinct 2, Place 1 of Dallas County, Texas. 5

13 On or about March 30, 2010, Appellee Anglin took possession of the rental premises and had a locksmith replace the cylinder installed in the front door of the premises, which was found to be missing. On or about April 1, 2010, eviction was granted by the Justice of the Peace, Precinct 2, Place 1 of Dallas County, Texas. 6

14 SUMMARY OF ARGUMENT There was no error in this case. Appellant failed to preserve his complaint as to whether the Trial Court erred in hearing Appellees' objections to Appellant's summary judgment evidence because he did not request a continuance of the summary judgment hearing to respond to Appellees' objections. Appellant's affidavit in support of his claim for conversion was based on hearsay statements and legal conclusions and therefore no evidence was given by the Appellant to his claim for conversion. Appellant also failed to offer evidence of a breach of contract or conversion and admits in his own affidavit that he did not pay the rent due. ARGUMENT ISSUE NO.1 APPELLANT FAILED TO PRESERVE HIS COMPLAINT AS TO WHETHER THE TRIAL COURT ERRED BY HEARING APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT ON THE DAY OF SUMMARY JUDGMENT HEARING WHEN APPELLANT FAILED TO REQUEST A CONTINUANCE TO RESPOND TO THE OBJECTIONS. The summary judgment hearing was held on October 26, 2011 at which time Appellees filed objections to Appellant's affidavit on various grounds. At no time did Appellant request additional time to respond to the objections nor did 7

15 .. Appellant over the next two months file any motions with the Court requesting a rehearing or an opportunity to respond to Appellees' objections to the evidence submitted by Appellant in response to the Appellees' motions for summary judgment. Appellant cites Trusty v. Strayhorn, 87 S.W.3rd, 756, 763 (Tex. App. Texarkana [6th Dist] 2002) to support his argument that the court erred by considering Appellees' objections without reasonable notice to him. In Trusty the Court relies on and cites Webster v. Allstate Ins. Co., 833 S.W.2d 747, (Tex. App.-Houston [1st Dist.] 1992, no writ). In Webster the appellee objected to the appellants' summary judgment affidavits, and the trial court sustained the objections and granted summary judgment on the same day. Appellant complained that the trial court should have granted an opportunity for the appellant to amend their affidavit but the court of appeals held that since appellant failed to request a continuance, they waived any error. Webster at 750. Not only did Appellant in this case fail to request a continuance at the time of the hearing, he also failed for the next two months to make any motion with the court to amend his affidavits or to reconsider its rulings with regard to the objections filed by the Appellees. Therefore, Appellant has waived this issue. 8

16 ISSUE NO.2 THERE WAS NO ERROR IN THE TRIAL COURT'S SUSTAINING THE APPELLEES' OBJECTIONS TO APPELLANT'S SUMMARY JUDGMENT AFFIDAVIT. (APPELLANT'S ISSUES 2, 3, 4 ARE COMBINED) A Trial Court's ruling sustaining an objection to summary judgment evidence is reviewed for abuse of discretion. Owens v. Comerica Bank, 229 S.W.3d 544, 548 (Tex. App.-Dallas 2007, no pet.). A trial court abuses its discretion if it acts arbitrarily and unreasonably. Cire v. Cummings, 134 S.W.3d 835, (Tex. 2004). This Court should only reverse a judgment on the ground of improperly excluded evidence if the error probably caused the rendition of an improper judgment. Owens, 229 S.W.3d at 548. Errors in the exclusion of evidence are generally not reversible unless the whole case turned on the challenged evidence. Id. Appellant complains that Appellees failed to object to any specific statements in its affidavit, therefore the objections cannot be reviewed by this Court. This argument it without foundation or basis in fact, Appellees filed specific objections to specific statements made by Appellant in his affidavit. (CR ). Appellant then contradicts this argument when he identifies the specific statements with the objections which were sustained by the Trial Court in the very next paragraph of his brief. (See, Appellant's brief page 9). Appellant fails to offer this Court any argument or legal authority to support his position that the 9

17 Trial Court erred in sustaining the objections to the summary judgment affidavit filed by Appellant. Appellant simply argues that the statements were made on personal knowledge. Appellant argues the statements are not hearsay but offers nothing but the definition of hearsay to support this argument. Appellant argues that since his attorney filed an affidavit regarding "legal ownership" of the equipment, that Appellant's statement that he had obtained "legal ownership" should not be considered objectionable. However, once again Appellant has failed to provide the Court with any guidance as to why the Trial Court should have not sustained the objections. Appellee made the following objections to Appellants affidavit: (CR ) Statements that Cunningham was storing equipment worth $85, 000. Statements that Cunningham had been offered and accepted the sum of $85, 000 for equipment. Statements that Greg Cunningham legal possession of equipment that had a fair market value of $85, 000. Statements that Greg Cunningham had obtained personal ownership as the sole surviving Director and shareholder of US. Metro Line Services, Inc. Statements that USM only asset was the equipment. 10

18 A. Statements are not readily controvertible and constitute hearsay. B. Statements call for a legal conclusion of what "legal possession" constituted. C. Statements are conclusory as what Anglin thought or would not accept payments. The Trial Court sustained the above objection in its ruling of November 30, 2011 (CR 245) and its order of December 19, (CR 249). The Texas Supreme Court has made it clear that conclusory statements or legal conclusion within an affidavit fail to meet his burden on a no evidence motion for summary judgment because they do not set forth facts as would be admissible in evidence. Brownlee v. Brownlee, 665 S.W.2d at 112 (Tex. 1984). Affidavits are insufficient unless the statements in it are direct and unequivocal and perjury can be assigned to them. Gerstacker v. Blum Consulting Eng'rs, Inc., 884 S.W. 2d 845, 848 (Tex. App.-Dallas 1994, writ denied) (citing Brownlee, 665 S.W. 2d at 112). Therefore, there is no indication that the Trial Court abused its discretion when it granted Appellees' objections on the summary judgment evidence. 11

19 ISSUE NO.3 APPELLANT FAILED TO PROVIDE THE TRIAL COURT WITH EVIDENCE TO SUPPORT EACH ELEMENT OF HIS CLAIM FOR BREACH OF CONTRACT AND CONVERSION. Appellant argues that Appellee breached the parties' lease agreement by demanding moneys not due, but simply states in his affidavit in response to Appellees' Motions for Summary Judgment that "my tender was returned to me and a sum of $4,200 was then demanded as rent". Appellant's affidavit does not offer the Court any other evidence as to what actions constituted a breach of the parties lease agreement. In fact, Appellant admits in his affidavit that "I did not tender this amount or the amount that was legally due under the lease on March 1, 2010" (CR- 224 & Appellant's brief page 10). Appellant admits that he breached the lease by non-payment. As for the Appellant's deposition testimony that he did not own the equipment he alleged was converted by Appellees, the fact that he later changed his testimony after his deposition does not create a fact issue when the objections to his affidavit were sustained. The Appellant provided no other evidence to 12

20 support his claim of conversion other than hearsay statements, therefore the Trial Court did not abuse its discretion in granting summary judgment on this issue. CONCLUSION Appellant has failed to come forth with any legal arguments to support its claim that the Trial Court abused its discretion in sustaining Appellees' objection to the summary judgment evidence. Neither has Appellant offered any evidence to support its claim for breach of contract or conversion of property. Therefore the Trial Court's granting of summary judgment should be affirmed. In consideration of the foregoing, Appellee asks that the Court affirm the Judgment entered by the County Court on December 19, 2011 and that they be granted such other and further relief as the Court deems just. Respectfully submitted, LINZ & CHANDLER, P.C. Attorneys for Appellee Anglin By: /s/ Frank D. Chandler Frank D. Chandler State Bar No Michael F. Linz State Bar No Katy Building 701 Commerce Street Dallas, Texas Phone 214/

21 LAW OFFICES OF CHERL Y D. SMITH Attorneys for Appellees Dividend Investment, Selod & Khan By: /s/ Cheryl D. Smith Cheryl D. Smith State Bar No CERTIFICATE OF SERVICE 314 Main Street, Suite 300 Fort Worth, Texas Phone: Fax: I certify that on this day a true and correct copy of the foregoing Appellee's briefwas served on the attorney identified below, counsel of record for Appellant, by certified mail, return receipt requested. Signed this 15th day of June Timothy W. Sorenson Preston Road Suite 102, PMB #116 Dallas, Texas Is/ Frank D. Chandler Frank D. Chandler 14

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00792-CV Richard LARES, Appellant v. Martha FLORES, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00125-CV CHRISTOPHER EDOMWANDE APPELLANT V. JULIO GAZA & SANDRA F. GAZA APPELLEES ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

More information

No. 05-11-00700-CV IN THE FOR THE RAY ROBINSON,

No. 05-11-00700-CV IN THE FOR THE RAY ROBINSON, No. 05-11-00700-CV ACCEPTED 225EFJ016616444 FIFTH COURT OF APPEALS DALLAS, TEXAS 11 November 30 P8:40 Lisa Matz CLERK IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT DALLAS, TEXAS WELLS FARGO BANK,

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued June 11, 2013. In The Court of Appeals For The First District of Texas NO. 01-12-00636-CV SINHUE TEMPLOS, Appellant V. FORD MOTOR COMPANY, Appellee On Appeal from the 333rd District Court

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-07-159-CV JACK WHITE APPELLANT V. GAIL WHITE APPELLEE ------------ FROM THE 90TH JUDICIAL DISTRICT COURT OF YOUNG COUNTY ------------ MEMORANDUM

More information

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas

Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. In The Court of Appeals Fifth District of Texas at Dallas Writ of Mandamus is Conditionally Granted; Opinion Filed December 3, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01457-CV IN RE SOUTHPAK CONTAINER CORPORATION AND CLEVELAND

More information

to add a number of affirmative defenses, including an allegation that Henry s claim was barred

to add a number of affirmative defenses, including an allegation that Henry s claim was barred REVERSE and REMAND; and Opinion Filed May 11, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00616-CV DOROTHY HENRY, Appellant V. BASSAM ZAHRA, Appellee On Appeal from the

More information

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00055-CV Paula Villanueva, Appellant v. McCash Enterprises, Inc. d/b/a Comet Cleaners and Comet Cleaners, Appellees FROM THE COUNTY COURT AT

More information

CASE NO. 05-11-01376-CV IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS TAMARA ROBISON, Appellant, vs.

CASE NO. 05-11-01376-CV IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS TAMARA ROBISON, Appellant, vs. CASE NO. 05-11-01376-CV ACCEPTED 225EFJ016695906 FIFTH COURT OF APPEALS DALLAS, TEXAS 12 January 25 P9:06 Lisa Matz CLERK IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS DALLAS, TEXAS TAMARA ROBISON,

More information

In The Court of Appeals Fifth District of Texas at Dallas MEMORANDUM OPINION

In The Court of Appeals Fifth District of Texas at Dallas MEMORANDUM OPINION AFFIRMED and Opinion Filed May 31, 2013 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01058-CV HHT LIMITED COMPANY AND MICHAEL MALONE, JR., Appellants V. NATIONWIDE RECOVERY SYSTEMS,

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-12-00212-CV NORTEX FOUNDATION DESIGNS, INC. APPELLANT V. DOUGLAS H. REAM AND KAREN S. REAM APPELLEES ---------- FROM THE 211TH DISTRICT COURT

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued January 13, 2015 In The Court of Appeals For The First District of Texas NO. 01-13-00806-CV RODRICK DOW D/B/A RODRICK DOW P.C., Appellant V. RUBY D. STEWARD, Appellee On Appeal from the

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00938-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00938-CV Affirmed and Opinion Filed October 27, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00938-CV MACDONALD DEVIN, PC AND PATRICK F. MADDEN, Appellants V. JON RICE, WILLIAM BLAKE

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Reversed and Remanded and Opinion filed August 16, 2001. In The Fourteenth Court of Appeals NO. 14-00-00177-CV HENRY P. MASSEY AND ANN A. MASSEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF COURTNEY

More information

No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant

No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS. JANET MARIE VICKERS, Appellant The State Requests Oral Argument Only If Appellant Argues No. 05-12-00111-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS JANET MARIE VICKERS, Appellant I (J) )> 7 _L> --i N

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

2015 IL App (5th) 140355-U NO. 5-14-0355 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140355-U NO. 5-14-0355 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 05/12/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th) 140355-U NO. 5-14-0355

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00489-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00489-CV Reversed and Remanded and Opinion filed January 15, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00489-CV BARRY STUART AND ZAC STUART, Appellants V. SUMMERS GROUP, INC., F/K/A

More information

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00107-CV Paul Mattox, Appellant v. Geraldine Timmerman, Individually and as Representative of Timmerman Properties, Inc.; and Timmerman Properties,

More information

STATE'S RESPONSE BRIEF

STATE'S RESPONSE BRIEF IN THE COURT OF APPEALS FOR THE FIFTH COURT OF APPEALS DISTRICT RANDY ERIC WORSHAM, APPELLANT NO. 05-10-01017-CR V. THE STATE OF TEXAS, APPELLEE APPEALED FROM CAUSE NUMBER F07-55075 IN THE CRIMINAL DISTRICT

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-CP-00404-COA

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-CP-00404-COA IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2006-CP-00404-COA TYRONE SANDERS APPELLANT v. AMBER C. ROBERTSON AND MISSISSIPPI FARM BUREAU CASUALTY INSURANCE COMPANY APPELLEES DATE OF JUDGMENT:

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-356-CV CINDY PENA APPELLANT V. MICHAEL A. SMITH APPELLEE ------------ FROM THE 271ST DISTRICT COURT OF WISE COUNTY ------------ OPINION ------------

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01515-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01515-CV AFFIRMED; Opinion Filed August 25, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01515-CV TXU ENERGY RETAIL COMPANY L.L.C., Appellant V. FORT BEND INDEPENDENT SCHOOL DISTRICT,

More information

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2014 IL App (1st) 130250-U. No. 1-13-0250 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 130250-U FIFTH DIVISION September 12, 2014 No. 1-13-0250 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

Eleventh Court of Appeals

Eleventh Court of Appeals Opinion filed June 14, 2012 In The Eleventh Court of Appeals No. 11-10-00281-CV RSL FUNDING, LLC, Appellant V. AEGON STRUCTURED SETTLEMENTS, INC. AND MONUMENTAL LIFE INSURANCE COMPANY, Appellees On Appeal

More information

Small Claims: The Process in Detail

Small Claims: The Process in Detail What is a small claims division? Every justice court in Arizona has a small claims division to provide an inexpensive and speedy method for resolving most civil disputes that do not exceed $2,500. All

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00285-CV Alice LABRA, Appellant v. Carlos Carlos LABRA, Appellee From the 73rd Judicial District Court, Bexar County, Texas Trial

More information

reverse the trial court s November 21, 2012 judgment awarding Frost $159,385.98 and render

reverse the trial court s November 21, 2012 judgment awarding Frost $159,385.98 and render Reverse and Render in part; Affirm in part and Opinion Filed August 11, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01491-CV GARY C. EVANS, Appellant V. THE FROST NATIONAL

More information

NUMBER 13-12-00325-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS

NUMBER 13-12-00325-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS NUMBER 13-12-00325-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG PERRY E. SHOEMAKER AND DEBRA SHOEMAKER RITCHIE, INDIVIDUALLY AND AS REPRESENTATIVES OF THE ESTATE OF JUANITA

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Opinion filed September 13, 2001. In The Fourteenth Court of Appeals NO. 14-00-00917-CV MELANIE A. BOBO, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE ESTATE OF WILLIAM HENRY BOBO, JR., DECEASED,

More information

TEXAS RULES OF CIVIL PROCEDURE

TEXAS RULES OF CIVIL PROCEDURE TEXAS RULES OF CIVIL PROCEDURE PART V - RULES OF PRACTICE IN JUSTICE COURTS Adopted by the Supreme Court of Texas Justice Court, Pct 1 1 of 24 TABLE OF CONTENTS SECTION 1. GENERAL... 6 RULE 523. DISTRICT

More information

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT

Nos. 2 09 1120, 2 10 0146, 2 10 0781 cons. Order filed February 18, 2011 IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT Order filed February 18, 2011 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). IN

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01135-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01135-CV AFFIRMED; Opinion Filed August 12, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01135-CV RICHARD P. DALE, JR., D/B/A SENIOR HEALTHCARE CONSULTANTS, Appellant V. TAMMY S.

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 06-0258 444444444444 DENIS PROULX, PETITIONER v. MICHAEL A. WELLS, RESPONDENT 4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW

More information

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee

No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. FRED ANDERSON, Appellant. THE STATE OF TEXAS, Appellee No. 05-10-01016-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS FRED ANDERSON, Appellant v. THE STATE OF TEXAS, Appellee On Appeal from Criminal District Court No. 5 of Dallas County,

More information

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF

MARK PEREZ, APPELLANT THE STATE OF TEXAS, APPELLEE STATE S BRIEF Nos. 05-11-01575-CR and 05-11-01576-CR The State Waives Oral Argument 5th Court of Appeals FILED: 06/04/2012 14:00 Lisa Matz, Clerk IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS MARK

More information

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 143589-U SIXTH DIVISION September 11, 2015 No. 1-14-3589 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information

NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS. ********************** COREY TERRELL GARDNER, Appellant v.

NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS. ********************** COREY TERRELL GARDNER, Appellant v. NO. 05-10-01117-CR IN THE COURT OF APPEALS FIFTH DISTRICT OF TEXAS DALLAS, TEXAS COREY TERRELL GARDNER, Appellant v. THE STATE OF TEXAS, Appellee Appeal from the Criminal District Court No. 2 Dallas County,

More information

Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas

Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas NEW JUSTICE COURT RULES & JUSTICE COURT APPEALS Judge Steve Seider Justice of the Peace Precinct 3, Place 2 Dallas County, Texas SSeider@DallasCounty.Org Office: (214) 904 3046 Cell: (972) 839 1487 Learning

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable

More information

1999, the decree ordered Molly to pay, as a part of the division of the marital estate, the $14,477

1999, the decree ordered Molly to pay, as a part of the division of the marital estate, the $14,477 Reverse and Remand; Opinion Filed May 4, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01422-CV TEXANS CREDIT UNION, Appellant V. RICHARD C. BRIZENDINE, Appellee On Appeal

More information

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT

2015 IL App (5th) 140227-U NO. 5-14-0227 IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227

More information

NO. 05-10-01162-CV IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS. MELVIN J. KLEIN and OSNAT KLEIN, Appellants,

NO. 05-10-01162-CV IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS. MELVIN J. KLEIN and OSNAT KLEIN, Appellants, NO. 05-10-01162-CV ORAL ARGUMENT REQUESTED IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT OF TEXAS AT DALLAS, TEXAS MELVIN J. KLEIN and OSNAT KLEIN, Appellants, v. DALLAS CENTRAL APPRAISAL DISTRICT

More information

CAUSE NO. 05-11-00292-CV

CAUSE NO. 05-11-00292-CV CAUSE NO. 05-11-00292-CV IN THE FIFTH DISTRICT COURT OF APPEALS STEVEN L. SHILLING, Appellant v. KERRY PAIGE GOUGH, Appellee FILED IN COURT OF APPEALS FEB 1 4 2012 '\.. LISA MA TZ ClERK, 5th DISTRICT Appealed

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Memorandum Opinion filed March 26, 2009. In The Fourteenth Court of Appeals NO. 14-07-00390-CV LEO BORRELL, Appellant V. VITAL WEIGHT CONTROL, INC., D/B/A NEWEIGH, Appellee On Appeal from

More information

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT

IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT IN THE SUPREME COURT OF MISSISSIPPI NO. 2013-IA-00181-SCT VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM v. CLARA DEES DATE OF JUDGMENT: 01/22/2013 TRIAL JUDGE: HON. ISADORE W. PATRICK, JR.

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00593-CV Venus MINSAL, Appellant v. Abel H. GARCIA, Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court

More information

2016 IL App (2d) 141240WC-U FILED: NO. 2-14-1240WC IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2016 IL App (2d) 141240WC-U FILED: NO. 2-14-1240WC IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2016 IL App (2d 141240WC-U FILED:

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY [Cite as Nageotte v. Boston Mills Brandywine Ski Resort, 2012-Ohio-6102.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) MEGAN NAGEOTTE C.A. No. 26563 Appellee

More information

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW NO. 05-11-00657-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS 5th Court of Appeals FILED: 03/23/2012 14:00 Lisa Matz, Clerk GLEN FRAZIER, Appellant v. THE STATE OF TEXAS, Appellee

More information

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION CIVIL APPEALS PAMPHLET FOR THE PRO BONO PROJECT SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION AND THE HOUSTON BAR ASSOCIATION APPELLATE SECTION IN THE

More information

NO. 12-12-00183-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS

NO. 12-12-00183-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS NO. 12-12-00183-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS IN RE: TRUCK INSURANCE EXCHANGE, ORIGINAL PROCEEDING RELATOR MEMORANDUM OPINION Relator Truck Insurance Exchange

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 14, 2010; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2009-CA-000282-MR AND NO. 2009-CA-000334-MR BRIAN G. SULLIVAN APPELLANT/CROSS-APPELLEE APPEAL AND CROSS-APPEAL

More information

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

2013 IL App (5th) 120093WC-U NO. 5-12-0093WC IN THE APPELLATE COURT OF ILLINOIS FIFTH DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 08/20/13. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2013 IL App (5th 120093WC-U NO. 5-12-0093WC

More information

No. 1-09-0991WC IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

No. 1-09-0991WC IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 06/15/10. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. Workers' Compensation Commission Division

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00543-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00543-CV REVERSE and REMAND; and Opinion Filed May 28, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00543-CV BROWN CONSULTING AND ASSOCIATES, INC. AND A LEARNING CENTER JUST FOR ME,

More information

NO. 05-11-00735-CV FOR THE FIFTH JUDICIAL DISTRICT AT DALLAS, TEXAS. WAYNE A. MANOR, Appellant

NO. 05-11-00735-CV FOR THE FIFTH JUDICIAL DISTRICT AT DALLAS, TEXAS. WAYNE A. MANOR, Appellant NO. 05-11-00735-CV ACCEPTED 225EFJ016765699 FIFTH COURT OF APPEALS DALLAS, TEXAS 12 March 7 P4:02 Lisa Matz CLERK IN THE COURT OF APPEALS FOR THE FIFTH JUDICIAL DISTRICT AT DALLAS, TEXAS WAYNE A. MANOR,

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-09-020-CV RONALD L. BRENNAN APPELLANT V. KIM CEDENO APPELLEE ------------ FROM THE 231ST DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued July 1, 2014. In The Court of Appeals For The First District of Texas NO. 01-13-00722-CV BURGHARDT SMITH, Appellant V. CASSANDRA MICHELLE MYERS, Appellee On Appeal from the 245th District

More information

Affirm in part; Reverse in part; and Remand. Opinion Filed June 9, 2015. In The Court of Appeals Fifth District of Texas at Dallas. No.

Affirm in part; Reverse in part; and Remand. Opinion Filed June 9, 2015. In The Court of Appeals Fifth District of Texas at Dallas. No. Affirm in part; Reverse in part; and Remand. Opinion Filed June 9, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00481-CV DAVID FUSARO, Appellant V. TRINITY UNIVERSAL INSURANCE

More information

2013 IL App (1st) 120898-U. No. 1-12-0898

2013 IL App (1st) 120898-U. No. 1-12-0898 2013 IL App (1st) 120898-U FOURTH DIVISION March 28, 2013 No. 1-12-0898 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV Reversed and Remanded and Opinion Filed July 28, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00894-CV TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellant V. JOSEPH MCRAE,

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court Certain Underwriters at Lloyd s London v. The Burlington Insurance Co., 2015 IL App (1st) 141408 Appellate Court Caption CERTAIN UNDERWRITERS AT LLOYD S LONDON,

More information

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2013 IL App (1st) 120546-U. No. 1-12-0546 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2013 IL App (1st) 120546-U Third Division March 13, 2013 No. 1-12-0546 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-00535-CV MORTON RUDBERG, APPELLANT V. N.B.P. AND N.P.P.

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-00535-CV MORTON RUDBERG, APPELLANT V. N.B.P. AND N.P.P. AFFIRM; and Opinion Filed July 2, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00535-CV MORTON RUDBERG, APPELLANT V. N.B.P. AND N.P.P., APPELLEES On Appeal from the 330th

More information

2012 IL App (3d) 110004-U. Order filed April 30, 2012 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2012 ) ) ) ) ) ) ) ) ) ) ORDER

2012 IL App (3d) 110004-U. Order filed April 30, 2012 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2012 ) ) ) ) ) ) ) ) ) ) ORDER NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2012 IL App (3d 110004-U Order filed

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-00632-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-00632-CV AFFIRMED; Opinion Filed June 16, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00632-CV OFFICE OF THE ATTORNEY GENERAL, Appellant V. GINGER WEATHERSPOON, Appellee On Appeal

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-01390-CR. LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee AFFIRM; and Opinion Filed June 23, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01390-CR LUIS ANTONIO RIQUIAC QUEUNAY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal

More information

ALFONSO ARMENDARIZ ZUNIGA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF

ALFONSO ARMENDARIZ ZUNIGA, Appellant. THE STATE OF TEXAS, Appellee APPELLANT'S BRIEF No. 05-11-00531-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS, TEXAS 5th Court of Appeals FILED: 02/23/2012 14:00 Lisa Matz, Clerk ALFONSO ARMENDARIZ ZUNIGA, Appellant vs. THE STATE

More information

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ 85543 PHONE (928) 485-2771 FAX (928) 485-9961 SMALL CLAIMS INSTRUCTIONS FOR FILING ***EFFECTIVE JANUARY 1,

More information

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L-14-1153. Trial Court No.

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Court of Appeals No. L-14-1153. Trial Court No. [Cite as Hayes v. Kelly, 2015-Ohio-796.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY John T. Hayes Appellee Court of Appeals No. L-14-1153 Trial Court No. CVG-14-07339 v. Angeline

More information

Reverse and Render; Dismiss and Opinion Filed June 19, 2015. In The Court of Appeals Fifth District of Texas at Dallas. No.

Reverse and Render; Dismiss and Opinion Filed June 19, 2015. In The Court of Appeals Fifth District of Texas at Dallas. No. Reverse and Render; Dismiss and Opinion Filed June 19, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00103-CV DHM DESIGN, Appellant V. CATHERINE MORZAK, Appellee On Appeal

More information

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-14-00020-CR EX PARTE DIMAS ROJAS MARTINEZ ---------- FROM CRIMINAL DISTRICT COURT NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ----------

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

2015 IL App (1st) 141310-U. No. 1-14-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141310-U. No. 1-14-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141310-U FIRST DIVISION October 5, 2015 No. 1-14-1310 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) DECISION AND JOURNAL ENTRY [Cite as Uhl v. McKoski, 2014-Ohio-479.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT ) VICKIE L. UHL C.A. No. 27066 Appellant v. JOHN MCKOSKI, et al. Appellees

More information

BRIEF OF APPELLANT. IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181. VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM VS.

BRIEF OF APPELLANT. IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181. VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM VS. E-Filed Document Oct 28 2013 09:56:26 2013-IA-00181 Pages: 13 IN THE SUPREME COURT OF MISSISSIPPI CASE NO. No. 2013-IA-00181 VICKSBURG HEALTHCARE, LLC d/b/a RIVER REGION HEALTH SYSTEM APPELLANT VS. CLARA

More information

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 120762-U No. 1-12-0762 FIFTH DIVISION February 28, 2014 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00206-CV Bobby Hawthorne, Appellant v. Countrywide Home Loans, Inc. and Countrywide Insurance Services of Texas, Inc., Appellees FROM THE DISTRICT

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RAFFAELE M. PANDOZY, Ph.D., Plaintiff, v. Civil Action

More information

Eleventh Court of Appeals

Eleventh Court of Appeals Opinion filed March 14, 2014 In The Eleventh Court of Appeals No. 11-13-00119-CV BRENT BATES BUILDERS, INC. AND BRENT BATES, INDIVIDUALLY, Appellants V. RAHUL MALHOTRA, INDIVIDUALLY AND D/B/A THE MALHOTRA

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00658-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-00658-CV Reverse and Remand; Opinion Filed November 19, 2013. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00658-CV INNOVATE TECHNOLOGY SOLUTIONS, L.P., Appellant V. YOUNGSOFT, INC., Appellee

More information

REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas. No.

REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas. No. REVERSE, RENDER, and REMAND; and Opinion Filed August 20, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-10-01614-CV W. DAVID HOLLIDAY, Appellant V. GREG WEAVER AND WENDY WEAVER,

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Reversed and Rendered and Memorandum Opinion filed March 5, 2013. In The Fourteenth Court of Appeals NO. 14-12-00385-CV LETICIA B. LOYA, Appellant V. MIGUEL ANGEL LOYA, Appellee On Appeal from the 257th

More information

2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015

2015 IL App (3d) 140144-U. Order filed September 2, 2015 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2015 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140144-U Order filed

More information

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

More information

Civil Suits: The Process

Civil Suits: The Process Jurisdictional Limits The justice courts have exclusive jurisdiction or the authority to hear all civil actions when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 LUZ RIVERA AND ABRIANNA RIVERA Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA v. RONALD MANZI Appellee No. 948 EDA 2015 Appeal from the Order

More information

526 East Main Street P.O. Box 2385 Alliance, OH 44601 Akron, OH 44309

526 East Main Street P.O. Box 2385 Alliance, OH 44601 Akron, OH 44309 [Cite as Lehrer v. McClure, 2013-Ohio-4690.] COURT OF APPEALS STARK COUNTY, OHIO FIFTH APPELLATE DISTRICT RICHARD LEHRER, ET AL Plaintiffs-Appellees -vs- RALPH MCCLURE, ET AL Defendant-Appellant JUDGES

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01351-CV IN THE INTEREST OF S.J.G. AND J.O.G., CHILDREN

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01351-CV IN THE INTEREST OF S.J.G. AND J.O.G., CHILDREN AFFIRM; and Opinion Filed April 9, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01351-CV IN THE INTEREST OF S.J.G. AND J.O.G., CHILDREN On Appeal from the 302nd Judicial

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CAVEAT: This sample is provided to demonstrate style and format. It is not intended as a model for the substantive argument, and therefore counsel should not rely on its legal content which may include

More information

Illinois Official Reports

Illinois Official Reports Illinois Official Reports Appellate Court CitiMortgage, Inc. v. Bukowski, 2015 IL App (1st) 140780 Appellate Court Caption CITIMORTGAGE, INC., Plaintiff-Appellee, v. ANNA BUKOWSKI and KATHERINE D. BUKOWSKI,

More information

IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT VAN WERT COUNTY PLAINTIFF-APPELLANT, CASE NO. 15-08-05

IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT VAN WERT COUNTY PLAINTIFF-APPELLANT, CASE NO. 15-08-05 [Cite as Carter-Jones Lumber Co. v. Jewell, 2008-Ohio-4782.] IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT VAN WERT COUNTY THE CARTER-JONES LUMBER CO., dba CARTER LUMBER CO., PLAINTIFF-APPELLANT, CASE

More information

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA Pursuant to Ind.Appellate Rule 65(D, this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral

More information

AFFIRM in Part, REVERSE in Part, and REMAND; Opinion Filed February 5, 2015. In The Court of Appeals Fifth District of Texas at Dallas

AFFIRM in Part, REVERSE in Part, and REMAND; Opinion Filed February 5, 2015. In The Court of Appeals Fifth District of Texas at Dallas AFFIRM in Part, REVERSE in Part, and REMAND; Opinion Filed February 5, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00065-CV JERRY CHAMBERS, MARSHA CHAMBERS, AND JASON CHAMBERS,

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00509-CR Glenn JOHNSON, Appellant v. The State of The STATE of Texas, Appellee From the 226th Judicial District Court, Bexar County,

More information