187 results for 'cat:"Civil Procedure" AND cat:"Jurisdiction"'.
J. Miskel finds that the lower court improperly denied the city's plea to the jurisdiction and granted a temporary injunction to the appellee construction company in this suit concerning a construction project for a walking trail. The construction company, which was not awarded the contract for the project, failed to establish a waiver of immunity under Chapter 252. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: July 11, 2023, Case #: 05-22-00665-CV, Categories: civil Procedure, Immunity, jurisdiction
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J. Edwards dismisses this appeal from a summary judgment entered in a dispute over the renewal of a mining permit. On appeal, the water works board contends that the permit at issue had expired before the mining company filed its renewal application. However, the board's "appeal to the trial court was taken from a nonfinal order," which deprived it of jurisdiction. Accordingly, the appellate court also lacks jurisdiction to consider the appeal.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 7, 2023, Case #: CL-2022-1059, Categories: civil Procedure, Environment, jurisdiction
Per curiam, the Supreme Court of Ohio denies an individual's request to enforce a writ of procedendo because such a ruling would essentially be an advisory opinion applicable to all future filings in his domestic relations case, a type of relief this court cannot grant. However, his motion to declare his ex-wife a vexatious litigator will be granted as a result of her repeated, frivolous filings with the trial court, all of which were made solely in an effort to deprive the court of jurisdiction and prevent it from enforcing the writ of procedendo previously granted by this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 2023-Ohio-2165, Categories: civil Procedure, Family Law, jurisdiction
J. Dishman denies the city defendants' dismissal motion in this lawsuit brought by a construction company seeking payment for allegedly "unpaid labor, equipment, materials, and services," relating to a rehabilitation project at the Atoka Dam. The court has jurisdiction to hear the company's claims for quantum meruit and unjust enrichment. Additionally, the company is allowed "to pursue alternative theories of recovery" at this stage.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:21cv1138, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction, Contract
J. Alvord finds the lower court properly dismissed the daughter's appeal of the probate court's denial of her objection to the appointment of a certain attorney to her mother's estate. Although she filed a motion for reconsideration after the initial objection, her arguments in both filings were identical and she failed to file her appeal of the initial objection within 30 days. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 29, 2023, Case #: AC44507, Categories: civil Procedure, Wills / Probate, jurisdiction
[Modified.] J. Streeter changes the case title with no change in judgment. The trial court erred in dismissing a quiet title action as void ab initio. A complaint filed in the name of a nonexistent entity may be cured by amendment if its claim is within the trial court's subject matter jurisdiction. Trial courts have the discretionary power to rule on jurisdictional objections and, therefore, have the power to allow curative amendments for potentially fatal jurisdictional pleading defects. Reversed.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: June 28, 2023, Case #: A163903, Categories: civil Procedure, jurisdiction, Banking / Lending
J. Neals allows plaintiff to continue claims contending a hospital failed to pay for electronic medical record software because the complaint alleges the company is a subsidiary of a corporation in Delaware and Illinois, which establishes diversity of citizenship. Meanwhile, the company was not a party to the settlement in a previous related action.
Court: USDC New Jersey, Judge: Neals, Filed On: June 27, 2023, Case #: 2:21cv3673, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction, Contract
J. Currault grants a request by United Parcel Service (UPS), ordering a Target employee to question a UPS driver at the UPS headquarters at Atlanta, not in the New Orleans area where the Target employee was allegedly injured when the UPS driver moved his truck. The Target employee has offered no reason to justify departure from holding his deposition at the UPS Atlanta headquarters.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 26, 2023, Case #: 2:23cv392, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, jurisdiction, Discovery
J. Ashe denies a request by the Roman Catholic Archdiocese of New Orleans to dismiss disability discrimination claims against it in bankruptcy court by parents of disabled children seeking to enroll in New Orleans-area Catholic schools. The archdiocese unpersuasively argued that the parents’ complaints are moot because the archdiocese has voluntarily removed the allegedly biased questions from school admissions applications. The district court has no jurisdiction over the parents’ claims against the church, which are pending both in state court and in bankruptcy court.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 23, 2023, Case #: 2:22cv4552, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, civil Procedure, jurisdiction
J. Hanson dismisses this appeal from a circuit court order denying the appellant's motion to vacate a default judgment against him. The breach of contract suit concerned his installation of a fence for the plaintiff property owner, and the record shows that he failed to appear for trial. He argues that "there was an error in judicial administration" that resulted in two separate case numbers. However, the circuit court lacked subject matter jurisdiction, making the judgment at issue void.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: June 23, 2023, Case #: CL-2022-1019, Categories: civil Procedure, jurisdiction, Contract
J. Seitz finds that the state may hold Monsanto liable for PCB contamination of directly owned public lands but cannot hold Monsanto liable for trespass upon land owned through public trusts. The trial court properly dismissed standalone unjust enrichment claims, but on remand, the state may link that claim as a remedy under public nuisance and trespass.
Court: Delaware Supreme Court, Judge: Seitz, Filed On: June 22, 2023, Case #: 279, 2022, Categories: civil Procedure, Property, jurisdiction
J. Corker strikes the first nine claims of the individual's amended complaint, as they fail to comply with the court's express order prohibiting him "from relitigating matters already decided by the Court." The pro se plaintiff's remaining claims, which are directed against an attorney and a law firm, are dismissed based on a lack of subject matter jurisdiction.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: June 20, 2023, Case #: 1:22cv264, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction
J. Seeley finds the trial court erroneously dismissed the borrower's counterclaim in the foreclosure action. His petition to invalidate a lien placed on the property by the lender was not required to be brought in a separate action under Connecticut law. The relevant statute does not include the term "mortgage;" therefore, the lower court had jurisdiction over the counterclaim, which will be reinstated. Reversed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: June 9, 2023, Case #: AC45366, Categories: civil Procedure, jurisdiction, Banking / Lending
J. Miskel finds that the lower court properly rendered a default judgment in favor of the realty company in this forcible detainer action. Contrary to the holdover tenant's arguments, the lower court had subject matter jurisdiction, and the evidence sufficiently supports the ruling. The tenant failed to plead "any dispute involving title to real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: June 7, 2023, Case #: 05-21-00860-CV, Categories: civil Procedure, Real Estate, jurisdiction