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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Jun 15, 1984

Polito v. Polito

The plaintiff appealed a judgment dismissing her complaint seeking rescission of a release and reformation of a deed, alleging duress. The Supreme Court, Kings County, initially dismissed the complaint. The appellate court found ample evidence of the defendant's physical and emotional abuse, which compelled the plaintiff to sign the release, thus depriving her of free will. The court reversed the lower court's judgment, reinstated the complaint, and remitted the matter for entry of a judgment rescinding the release and reforming the deed to establish joint tenancy of the property.

DuressRescissionDeed ReformationDomestic ViolenceSpousal AbuseJoint TenancyEquitable ReliefAppellate ReviewFree WillRatification of Agreement
References
5
Case No. 08-17-00104-CV
Regular Panel Decision
Jan 08, 2020

WTX Fund, LLC v. Ray Holt Brown, Patti Holt Elkins, Janie H. Giddiens Trust, Bobby Van Holt Revocable Living Trust, Jay F. Holt, John Thomas Holt, Cheryl Jones, Debra Lynn Morgan Revocable Trust, Judy K. Wadsworth and Susan G. Wesson Revocable Living Trust

WTX Fund, LLC (Appellant) appealed the trial court's ruling on cross motions for summary judgment concerning the interpretation of a 1951 mineral deed. The core dispute was whether the original grantors conveyed their entire mineral interest or reserved their royalty interest. The trial court had granted summary judgment in favor of the Holt heirs (Appellees), concluding that the deed conveyed all mineral interests, including the royalty. However, the appellate court determined that the 1951 deed expressly excluded the grantors' royalty right in its entirety from the conveyance. Consequently, the appellate court reversed the trial court’s judgment, rendered partial judgment in favor of WTX, and remanded the case for a reconsideration of WTX’s remedy and attorney's fees.

Mineral Deed InterpretationRoyalty InterestNon-Participating RoyaltyExecutive RightsMineral Estate AttributesDeed ConstructionSummary JudgmentReversed JudgmentRemand for RemedyAttorney Fees
References
34
Case No. MISSING
Regular Panel Decision

Hutchison v. Pyburn

Plaintiffs William and Jo Lynn Hutchison purchased a house and lot from defendants Robert and Carol Pyburn. The property, built by defendant Jack Williams, was later discovered to have an unapproved sewage disposal system due to insufficient topsoil, a fact known to the defendants. Plaintiffs sued for fraud and misrepresentation, and the Chancery Court of Davidson County awarded rescission of the deed and $5,000.00 in punitive damages, along with incidental damages. Defendants appealed the award of punitive damages. The appellate court affirmed the decision, ruling that punitive damages are available in equity for fraudulent conduct and are not inconsistent with the remedy of rescission. The court also clarified that proving entitlement to rescission and incidental damages satisfies the 'actual damages' prerequisite for punitive damages.

FraudRealty SaleRescission of DeedPunitive DamagesEquitable RemediesElection of RemediesActual DamagesMisrepresentationProperty DefectsTennessee Law
References
30
Case No. 07-10-0397-CV
Regular Panel Decision
Aug 24, 2011

Chesapeake Exploration, L.L.C. v. Dallas Area Parkinsonism Society, Inc. and American Cancer Society High Plains Division, Inc.

Chesapeake Exploration, L.L.C. (Chesapeake) appealed the trial court's summary judgment in favor of Dallas Area Parkinsonism Society, Inc. (DAPS) and American Cancer Society High Plains Division, Inc. (ACS). Chesapeake sought to recover bonus money paid for oil and gas leases, asserting claims for breach of the covenant of seisin, rescission due to mutual mistake, unilateral mistake, money had and received/unjust enrichment, and negligent misrepresentation. The Charities argued the leases, despite containing a special warranty, operated as quitclaim deeds and that Chesapeake could not show justifiable reliance due to an independent title investigation. The appellate court concluded that the leases were special warranty deeds, conveying the property itself, not merely quitclaim deeds. Furthermore, the court found that Chesapeake's preliminary title investigation did not negate reliance or causation, as it reinforced the Charities' representations and failed to reveal the defects. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Oil and Gas LeaseSummary JudgmentSpecial Warranty DeedQuitclaim DeedMutual MistakeUnilateral MistakeUnjust EnrichmentNegligent MisrepresentationCovenant of SeisinContract Dispute
References
42
Case No. NO. 02-13-00211-CV
Regular Panel Decision
Jul 17, 2014

Amy Murry v. Bank of America, N.A.

Amy Murry appealed a county court's judgment in favor of Bank of America, N.A., in a forcible detainer action in the Second District of Texas, Fort Worth. Murry challenged the judgment based on a "notice of rescission" she filed, arguing it nullified the deed of trust and deprived the court of subject matter jurisdiction over a title dispute. She also claimed she was improperly denied a jury trial and that her exhibits were wrongly excluded. The appellate court affirmed the county court's judgment, holding that a forcible detainer action is limited to immediate possession and does not adjudicate title disputes, thus Murry's rescission arguments were irrelevant to the action. The court further found no reversible error regarding the jury trial or evidence exclusion, concluding that Bank of America had met its burden in the forcible detainer action.

Forcible DetainerForeclosureDeed of TrustNotice of RescissionJurisdiction DisputeTitle DisputeLandlord-Tenant RelationshipJury Trial RightAppellate ReviewEvidence Admissibility
References
11
Case No. 08-23-00058-CV
Regular Panel Decision
Dec 15, 2023

Powder River Mineral Partners, LLC, Sue May, Fred Herring, Ltd., Lafayette Brown Herring, III and Herbert Minerals Ltd. v. Cimarex Energy Co., Chapman, and KHH

This appeal concerns the interpretation of a 1947 deed, specifically addressing a 'double-fraction dilemma' in mineral conveyances. Appellants, successors to the 'May side' of the deed, sued Appellee Cimarex Energy Co. for alleged underpayment of royalties, asserting they are entitled to a floating 3/16th royalty interest. Appellees, the 'Chapman Successors,' contended the deed conveyed a fixed 3/128th royalty interest. The trial court granted summary judgment in favor of the Chapman Successors, determining a fixed 3/128th interest. The appellate court reversed, concluding that the deed conveyed a floating 3/16th royalty interest, consistent with the historical interpretation of such fractions as placeholders for future royalties rather than fixed arithmetic values.

Mineral Deed InterpretationRoyalty InterestDouble Fraction DilemmaFloating Royalty InterestFixed Royalty InterestOil and Gas LawTexas Supreme Court PrecedentContract ConstructionSummary Judgment AppealProperty Rights
References
15
Case No. 04-14-00609-CV
Regular Panel Decision

Irma Lemus and Manuel Lemus v. John Rene Aguilar, Johnny B. Wells, Laura Ashley Wells, and Johnny Montoya Garza

This case involves an appeal concerning the ownership of a property at 106 Cameo in San Antonio, Texas. The primary dispute revolves around two competing deeds: an informal "will" signed in 2005 by Elvira Aguilar and Johnny Montoya Garza, intended to convey the property to Elvira's grandchildren (John Rene Aguilar, Laura Ashley Wells, and Johnny B. Wells), and a formal warranty deed signed in 2009 by Elvira Aguilar to Irma Lemus and Manuel Lemus, Jr. The appellees argue that the 2005 "will" functions as a valid gift deed, establishing their superior title. They contend that Elvira Aguilar lacked the mental capacity due to advanced Alzheimer's disease to execute the 2009 deed, rendering it void. Additionally, the appellees challenge the appellants' claim for reimbursement for property improvements, asserting a lack of good faith given the appellants' awareness of the adverse claims and the timing of the improvements. The authenticity of Elvira's signature on the 2005 document is also defended.

Property LawDeed DisputeMental CapacityAlzheimer's DiseaseGift DeedTrespass to Try TitleAttorneys FeesGood Faith ImprovementsAppellate ProcedureTexas Law
References
41
Case No. 05-18-00578-CV
Regular Panel Decision
Apr 11, 2019

Last Frontier Realty Corporation v. Budtime Forest Grove Homes, LLC

Appellant Last Frontier Realty Corporation appealed a summary judgment dismissing its claims against appellee Budtime Forest Grove Homes, LLC, concerning responsibility for insuring property under a deed of trust. Last Frontier had a promissory note with Budtime secured by a deed of trust, which required Last Frontier to maintain insurance and make escrow payments for premiums. After Last Frontier's policy expired and a storm damaged the property, Budtime initiated foreclosure due to non-renewal, leading Last Frontier to sue, alleging Budtime breached the deed of trust by failing to pay premiums from escrow or release the funds. The trial court granted summary judgment for Budtime, which Last Frontier appealed, also challenging a recital that the judgment was 'unappealable.' The appellate court modified the judgment to correct the clerical error of 'unappealable' to 'appealable' but affirmed the summary judgment, concluding the deed of trust unambiguously placed the duty to renew and maintain insurance on Last Frontier, not Budtime.

Summary JudgmentDeed of TrustInsurance ObligationEscrow FundsBreach of ContractAppellate ReviewClerical ErrorTexas LawProperty InsuranceForeclosure
References
13
Case No. ADJ2569351 (LAO 00867165)
Regular
May 14, 2012

ZENAIDA SONGCO vs. COUNTY OF LOS ANGELES FIRE DEPARTMENT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the WCJ's rescission order was not a final order. However, the Board granted the applicant's petition for removal and rescinded the WCJ's March 5, 2012 Rescission Order. This was because the defendant's petition for reconsideration, which prompted the rescission, was untimely filed. Consequently, the WCJ lacked jurisdiction to rescind the original Stipulated Award.

Petition for ReconsiderationPetition for RemovalRescission OrderAmended Stipulated AwardHazardous Material SpecialistNeck InjurySpine InjuryShoulder InjuryRight Hip InjuryPsyche Injury
References
9
Case No. ADJ6865421
Regular
Sep 08, 2017

DAVID BERRIOS-SEGOVIA vs. EJ DISTRIBUTION CORPORATION, SOUTHERN INSURANCE COMPANY, MARKEL dba FIRST COMP, STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case returns to the Appeals Board after the Court of Appeal determined that the rescission of an insurance policy is subject to mandatory arbitration. The Court annulled the arbitrator's prior findings, ordering further proceedings to determine the legal effectiveness of the insurer's rescission. The insurer must prove the employer's misrepresentations were material and that rescission is not being used to circumvent policy approval requirements. The matter is remanded to the arbitrator for further proceedings and a new decision.

Workers' Compensation Appeals BoardRemittiturMandatory ArbitrationLabor Code Section 5275Policy RescissionMaterial MisrepresentationUninsured Employers Benefits Trust FundDepartment of InsuranceInsurance CommissionerPrior Approval
References
0
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