Cases

969 N.E.2d 97 (2012) TDM FARMS, INC. OF NORTH CAROLINA and Dale Johnson, Appellants-Defendants, v. WILHOITE FAMILY FARM, LLC, Appellee-Plaintiff. No. 79A02-1101-PL-33. Court of Appeals of Indiana. June 7, 2012. *99 Philip A. Whistler, Adam Arceneaux, Brian J. Paul, Ice Miller LLP, Indianapolis, IN, Scott P. Sullivan, Flynn &

AFFIRM; and Opinion Filed November 9, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01115-CR No. 05-14-01116-CR BRIAN WAYNE DRAKE, Appellant V. THE STATE OF TEXAS, Appellee

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs May 13, 2009 STATE OF TENNESSEE v. SAM AVERY WILHOITE Direct Appeal from the Circuit Court for Bedford County No. 16373 Lee Russell, Judge No. M2008-01190-CCA-R3-CD - Filed July 24, 2009 The defendant, Sam Avery Wilhoite, was indicted on ten counts of forgery invol

AFFIRM; and Opinion Filed November 9, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01115-CR No. 05-14-01116-CR BRIAN WAYNE DRAKE, Appellant V. THE STATE OF TEXAS, Appellee

FOR PUBLICATION ATTORNEYS FOR APPELLANTS: ATTORNEYS FOR APPELLEE: PHILIP A. WHISTLER GARY P. PRICE ADAM ARCENEAUX JOSEPH P. ROMPALA BRIAN J. PAUL Lewis & Kappes, P.C. Ice Miller LLP Indianapolis, Indiana Indianapolis, Indiana CAROL SPARKS DRAKE SCOTT P. SULLIVAN Lewis & Kappes, P.C. Flynn & Sull

HUDDLESTON, Judge. This is an appeal from a summary judgment awarding Century 21 Action Realtors, Inc. (Century 21) a $3,450.00 commission, plus interest, pursuant to an exclusive-listing real estate contract with Tommy and Pam Mayo. On September 17, 1987, the Mayos entered into a “Multiple Listing Sales Agency Contract” with Century 21 granting the company the exclusive right to sell their home for $63,5

HOWERTON, Judge. R. Dean Carter and Susan Carter appeal from a summary judgment entered by the Jefferson Circuit Court holding the lease agreement between the Carters and August W. Schick unenforceable under the statute of frauds. For reasons stated below, we find the statute of frauds inapplicable and reverse. The property that is the subject of this appeal was purchased by the Carters in June of 1977 from

WILHOIT, Judge. This appeal is from a judgment sentencing the appellee to two three-year terms of imprisonment to be served concurrently. The Commonwealth contends that by virtue of KRS 533.060(3) the trial court was required to run the sentences consecutively. On August 21, 1990, the appellant was arrested after a chase by police on charges including receiving a stolen automobile and wanton endangerment. While awa

COMBS, Judge: This case involves an issue of first impression in this Commonwealth; i.e., whether a court-ordered pre-sentence “yard restriction” constitutes “custody” for which credit for time served must be granted. The Appellant contends that this restriction amounted to pre-conviction custody, for which he should have received credit against his jail sentence. In addition, he argues that the denial of credit viola

WILHOIT, Judge, concurring. I concur with the majority, particularly in view of the undisputed evidence that before they signed the contract, both Mr. and Mrs. Piercy were made aware that its terms did not preclude renunciation of the other’s will by one of them.

212 F.3d 945 (6th Cir. 2000) NATIONAL LABOR RELATIONS BOARD, PETITIONER/CROSS-RESPONDENT,V.ST. FRANCIS HEALTHCARE CENTRE, RESPONDENT/CROSS-PETITIONER Nos. 98-6297, 98-6401 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Argued: October 26, 1999Decided and Filed: May 19, 2000 On Application for Enforcement

HEDRICK, Chief Judge. Defendant first assigns as error the trial court’s denial of defendant’s motion to suppress evidence seized by Trooper Brinkley and the admission of the extraneous statement by defendant when he “hollered,” “that coke’s not mine.” Since defendant cites law only to address the suppression of evidence issue, pursuant to Appellate Rule 28(b)(5), we will limit our discussion to this issue.<

832 S.W.2d 895 (1992) Raul E. VEGA, Guardian of the Estate of Brian E. Vega, an Infant, Appellant, v. KOSAIR CHARITIES COMMITTEE, INC., d/b/a Kosair Crippled Children's Hospital, and the Estate of Frank Reed Metts, Appellees. No. 91-CA-315-MR. Court of Appeals of Kentucky. June 12, 1992. Raul E. Vega, pro se. Charles M. Pritchett, Brown, Todd & Heyburn, L

Hagan, Judge. {¶ 1} This matter was heard upon the oral arguments and written briefs of the petitioner, Kevin T. Wilhoit, and the respondent, the city of North Olmsted, on petitioner Wilhoit’s motion in replevin for return of property. *22{¶ 2} On April 5, 2008, Wilhoit was charged with domestic violence in connection with an incident involving his spou

810 S.W.2d 57 (1991) MIDDLETOWN ENGINEERING COMPANY, Appellant, v. CLIMATE CONDITIONING COMPANY, INC., Appellee. MIDDLETOWN ENGINEERING COMPANY, Appellant, v. CLIMATE CONDITIONING COMPANY, INC., and Carnes Company, Inc., Appellees. CLIMATE CONDITIONING COMPANY, INC., Cross-Appellant, v. CARNES COMPANY, INC., Cross-Appellee. Court of Appeals of Kentucky. May 31, 1991.

HAYES, Chief Judge: The sole issue to be resolved in this appeal is whether the Commonwealth is entitled to retain control over property which may be subject to forfeiture under the penal code until proceedings against the individual charged have been completed. We are convinced that the Commonwealth may hold such property pending resolution of the underlying criminal charges and upon conviction subject the property to forfeiture.</

OPINION OF THE COURT Claimant was injured while taking out a railroad crossing when he was struck from behind by a tamping machine. In his Form 101 application for adjustment of claim he indicated injuries to his right ribs, right side of face, L3-L4 back injury, and concussion. Through medical testimony it was suggested that claimant may also have developed a psychological problem as the result of the accident. In an op

04/16/2024 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE August 15, 2023 Session IN RE RORI H.1 Appeal from the Circuit Court for Hamilton County No. 21-A-142 Michael Dumitru, Judge ______

777 S.W.2d 238 (1989) James Lee CAIN, Appellant, v. Deborah Lynn CAIN, Appellee. No. 88-CA-30-S. Court of Appeals of Kentucky. September 29, 1989. *239 William I. Bubenzer, Covington, for appellant. No appearance for appellee. Before HAYES, HOWARD and WILHOIT, JJ. HOWARD, Judge. Mr. Cain appeals from a

LOKEN, Circuit Judge. In 2008, a Missouri jury convicted Zack-ary Stewart of murdering David Dulin. On appeal, Stewart argued the trial court erred in denying his motion for new trial based on newly-discovered evidence. The Supreme Court of Missouri agreed, reversed the conviction, and remanded for a new trial. State v. Stewart, 313 S.W.3d 661 (Mo. banc 2010). The charges were dro