Cases

This is an original proceeding in mandamus. After leave was granted, Cessna Aircraft Company, relator, filed a petition for writ of mandamus seeking an order requiring the Honorable Charles Weldon Kirk, Judge of the 32nd Judicial District Court of Nolan County, Texas, respondent, to stay two lawsuits filed in the 32nd District Court. Cessna argues that the suits should be stayed pending the outcome of two suits previously filed in federal court involving the same controversy. The laws

ORDER DONALD W. MOLLOY, District Judge. The plaintiffs move for attorney’s fees for their successful litigation against the Forest Service. Their motion is granted in part. Background This case arises out of a dispute involving the Beaver Creek Project — a proposed timber sale and prescribed burning on the Custer National Forest. The plaintiffs challenged several as

705 S.W.2d 829 (1986) The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Relator, v. The Honorable Weldon KIRK, Respondent. Nos. 11-86-011-CV, 11-86-022-CV. Court of Appeals of Texas, Eastland. February 27, 1986. Rehearing Denied March 27, 1986. *830 Zollie Steakley, Wilks & Steakley, Sweetwater, William F. P

¶ 1 On August 6, 2001, the City of Tahlequah approved a resolution calling for a special election for the purpose of increasing the city sales tax by ½ of one percent. Tahlequah did not follow the law's requirement that notice of a special election be given by publishing the resolution at least ten days before the date of a special election in a newspaper of general circulation in the municipality. Consequently, the election is void. We therefore reverse the trial court which found "s

McCLOUD, Chief Justice. Relators, Sydell Berman, Individually, and Sydell Berman and First National Bank in Dallas, as Independent Executors for the Estate of Max Berman, Deceased, and Perry Brothers, Inc., seek in this original proceeding writs of mandamus and prohibition to compel the Honorable Weldon Kirk, Judge of the 32nd Judicial District Court of Nolan County, Respondent, to set aside an order entered by Judge Kirk over

The controlling question before us is whether three affidavits of heirship were properly admitted into evidence. The affidavits were tendered under Rule 803 of the Texas Rules of Evidence.1 There were timely objections, and since there is no showing of the declarants' unavailability, the affidavits were not admissible under Rule 804. Since we hold that the affidavits are not admissible under Rule 803, the judgment of the trial court m

OPINION This is an appeal from a conviction for sexual abuse of a child, where the punishment was assessed at six (6) years' imprisonment following a guilty verdict. On appeal the appellant in his sole ground of error contends the court reversibly erred in overruling his motion to set aside the indictment since the State failed to comply with Article 32A.02, V.A.C.C.P. (Speedy Trial Act, effective July 1, 1978). Article

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 690 OPINION Appellant Great Western Drilling, Limited (herein Great Western) brings this appeal from a take-nothing verdict in its suit against appellee Bill Alexander (herein Alexander). In the suit, Great Western sought to recover damages suffered by it because Alexander alle

This is an election contest. M. Fern Cox and Peggy M. Crittenden were the only candidates for the Democratic nomination for the office of District Clerk of Howard County, Texas. After the primary election on May 4, 1974, and the canvass of the returns on May 7, 1974, by the Howard County Democratic Executive Committee, Crittenden, having received a one vote majority, was certified to be the nominee of the Democratic Party. Upon petition of Cox, the Howard County Democratic Executive C

TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE Three years ago, a California state court found that Baessler, acting with the intent to deceive, made false representations that Dave reasonably relied on to his detriment. Based on that finding, the state court entered judgment on several legal theories, including one theory that did not require proof of an intent to deceive. Does the state court's finding bind the bankruptcy court in

02/27/2025 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs January 14, 2025 STATE OF TENNESSEE v. ERIC WAYNE HERNDON Appeal from the Circuit Court for Gibson County No. H-10786 Clayburn Peeples, Judge ___________________________________

EDITH H. JONES, Circuit Judge: This declaratory judgment suit was filed by three insurance carriers seeking a declaration that they have no duty to either defend or indemnify their insureds for claims that stem from allegations of sexual misconduct against the Reverend H. Barry Bailey. The district court granted summary judgment for the carriers. This appeal ensued. We find that

885 F.2d 723 Blue Sky L. Rep. P 73,025, Fed. Sec. L. Rep. P 94,730,RICO Bus.Disp.Guide 7327 Ernest ROSS, individually and as representative of abondholder class, Plaintiff-Appellee,v.BANK SOUTH, N.A., et al., Defendants,Alston & Bird, et al., Defendants-Appellants.George MILLER, individually and as a representative of aclass of bondholders described in the complaint,Plaintiff-Appell

45 Cal.App.4th 698 (1996) DAVID BIANCALANA, Plaintiff and Appellant, v. ROBERT J. FLEMING et al., Defendants and Respondents. Docket No. H014224. Court of Appeals of California, Sixth District. May 17, 1996. *700 COUNSEL Comstock, Thompson, Kontz & Brenner, Austin B. Comstock and Jeffrey R. Kirk for Plaintiff and Appel

388 B.R. 202 (2008) In re SAVE OUR SPRINGS (S.O.S.) ALLIANCE, INC., Debtor. No. 07-10642-CAG. United States Bankruptcy Court, W.D. Texas, Austin Division. April 11, 2008. *207 B. Weldon Ponder, Jr., Austin, TX, for Debtor. *208 MEMORANDUM OPINION ON CONFIRMATION OF DEBTOR'S FIRST A

CLARK, Circuit Judge: Named plaintiffs Ernest Ross and George Miller claim the defendants were involved in a fraudulent scheme to issue unmarketable tax-exempt bonds and that the plaintiffs (and the class they purport to represent) purchased these bonds in reliance on the integrity of the market. They claim the defendants knew the bonds were not properly tax-exempt, that the defendants knew the underlying construction proj

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING IN BANC (Opinion February 17, 1988, 11th Cir., 1988, 837 F.2d 980) Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, *1133KRAVITCH, JOHNSON, HATCHETT, CLARK and COX, Circuit Judges*. BY THE COURT: A member of

848 F.2d 1132 Ernest ROSS, individually and as representative of abondholder class, Plaintiff-Appellee,v.BANK SOUTH, N.A., et al., Defendants,Alston & Bird, et al., Defendants-Appellants.George MILLER, individually, and as a representative of aclass of bondholders described in the complaint,Plaintiff-Appellee,v.Arthur M. RICE, Jr., Defendant,William V. Weldon, et al., Defendants-Appellants.Ernest ROSS

NOTICE: The attorneys on the attached list have the opportunity to comply with outstanding requirements prior to the effective date of the Supreme Court Order and not be administratively suspended. DATE: 07/16/2024 PENNSYLVANIA CONTINUING LEGAL EDUCATION PAGE: 1 TIME: 15:10:52 NON-COMPLIANT LAWYERS USER ID: jilgenfr ACTIVE

OPINION Opinion by Justice MOSELEY. Danny Ray Cline appeals the grant of a final take-nothing summary judgment against him as plaintiff and in favor of Guaranty Bond Bank, 1 Kirk Lee, Martin Bell, Art Scharlach, Suzanne Walker, Ty Abston, Cappy Payne, Guaranty Banc-Shares, Inc