Cases

Opinion issued August 31, 2012 In The Court of Appeals For The First District of Texas ———————————— NO. 01-11-00031-CV ——————————— THOMAS A. EVERITT, Appellant V. JO ANN EVERITT, Appellee

—In an action to recover damages for personal injuries, the defendant George S. Shuback appeals from so much of an order of the Supreme Court, Orange County (Berry, J.), entered July 21, 2000, as denied those branches of his motion which were for summary judgment dismissing the causes of action based upon Labor Law §§ 200 and 241 (6) insofar as asserted against him. Ordered that the order is affirmed insofar as appealed from, with one bill

838 P.2d 311 (1992) 122 Idaho 708 Jack W. EVERITT, Plaintiff-Appellant, v. Paul D. HIGGINS and Shelly M. Higgins, Defendant-Respondent. No. 19622. Court of Appeals of Idaho. September 2, 1992. Rehearing Denied October 8, 1992. *313 Jack W. Everitt, pro se. Harold B. Smith, Coeur d'A

869 A.2d 666 (2005) 88 Conn.App. 330 U.S. BANK NATIONAL ASSOCIATION, Trustee, et al. v. Frederick W. PALMER. No. 24870. Appellate Court of Connecticut. Argued December 7, 2004. Decided April 5, 2005. *667 J. Michael Sconyers, Litchfield, for the appellant (defendant). William O. Rii

BRADSHAW, Circuit Judge. This is an appeal from the order denying habeas corpus relief. The circuit court issued a certificate of probable cause pursuant to SDCL 21-27. Appellant Ron Ever-itt, (Everitt), contends that the plea-taking judge had an insufficient basis to accept a plea of guilty but mentally ill. We disagree and affirm the order. On September 30, 1985, Everitt entered the Commercial State Ban

SECOND DIVISION BARNES, P. J., ADAMS and MCFADDEN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. (Court of Appeals Rule 4 (b) and Rule 37 (b), February 21, 2008) http://www.gaappeals.us/rules/

146 A.2d 388 (1958) Deborah Rood EVERITT, Defendant Below-Appellant, Cross-Appellee, v. Robert Howe EVERITT, sometimes known as Robert Everitt Howe, Defendant Below-Appellee, Cross-Appellant, and Delaware Trust Company, a corporation of the State of Delaware, Executor under the Will of Deborah Morrison Rood, deceased, Plaintiff Below-Appellee. Supreme Court of Delaware. December 3, 1958.

Justice BENDER, dissenting. A person asserting a lien claim for work performed upon, or laborers or materials provided for, two or more buildings, structures, or other improvements (properties) under the same contract must comply with one of the two alternative ways of filing such a lien under subsection 38-22-103(4), C.R.S. (2004), to perfect a valid lien. The claimant must either: (1) divide and apportion the

Seitz, Chancellor: This is an interpleader action instituted by the Delaware Trust Company, executor under the will of Deborah Morrison Rood. The real claimants are the defendant, Deborah Rood Everitt (“Deborah”), the daughter of the testatrix and Robert Howe Everitt (“Robert”), Deborah’s former husband. Deborah claims as assignee from Robert certain stock which formed part of a legacy left him by his former mother-in-law. Rober

140 A.2d 778 (1958) DELAWARE TRUST COMPANY, a corporation of the State of Delaware, Executor under the Will of Deborah Morrison Rood, deceased, Plaintiff, v. Deborah Rood EVERITT and Robert Howe Everitt, sometimes known as Robert Everitt Howe, Defendants. Court of Chancery of Delaware, New Castle. April 3, 1958. On Application for Costs and Attorneys' Fees May 2, 1958.

Opinion BISHOP, J. In this quiet title action brought pursuant to General Statutes § 47-31, the defendant, Frederick W. Palmer, appeals from the judgment of the trial court rendered in favor of the plaintiffs, U.S. Bank National Association and Francis A. Chaffee, trustees of the H.L. Chaffee Trust. On appeal, the defendant claims that the court improperly (1) construed the “acreage call” in

A child adopted by one who was the life-tenant under a devise in a will which in effect gave property for life to the daughter of the testator, and at her death, leaving child or children surviving her, then "to her heirs or to such child or children that may be living at the time of her death," the act of adoption taking place nearly seven years after the death of the testator, took no interest therein either as child or heir. No. 14396. FEBRUARY 9, 1943.

469 S.E.2d 34 (1996) 220 Ga. App. 657 FARMERS STATE BANK v. HUGUENIN. No. A95A2187. Court of Appeals of Georgia. March 14, 1996. *35 Kerry S. Doolittle, Watkinsville, for appellant. Dye, Tucker, Everitt, Wheale & Long, A. Rowland Dye, Agusta, for appellee. BEASLEY, Chief Judge. 1.

By Judge Robert W. Wooldridge, Jr. This matter came to trial before this Court on September 5-6, 1995, to construe testamentary language in trusts established for the benefit of the Petitioner and members of his family and to resolve matters concerning the administration of these trusts by the Defendant Trustee. The Court took this case under advisement at the conclusion of the evidence and now issues this opinion letter.

HILL, Circuit Judge: This is an appeal from a district court order denying the bondholder plaintiffs’ motion to certify a class action and dismissing their complaint without prejudice on the grounds that they, as trust beneficiaries, lack standing to bring suit against the three trust fiduciary defendants, or, in the alternative, that as to one trust fiduciary defendant, their c

Epperson, C. The plaintiff, claiming to be the owner of certain shares of the capital stock of the Farmers & Merchants Bank of Elm Creek, instituted this action in equity to confirm his title thereto, and to procure possession of the certificates representing the same, to enjoin a threatened sale of said stock upon an execution issued against his grantor, and to compel the bank to enter the transfer of said stoc

ORR, District Judge. The plaintiffs by their bill assert a dissolution of the Harmony Society and a right to a share of its assets by way of resulting trust as heirs of George Rapp, whom they aver to have been a donor to the society. They seek discovery and accounting from the defendants, alleged to be former and present trustees, and' ask appointment of a receiver pending distribution. The history of the soc

CLARK, Chief Judge: Two decisions by the Supreme Court of the United States handed down after the district court’s final judgment significantly altered the pertinent law of this Circuit. These decisions require that we vacate the district court’s underlying class certification order. This holding, in turn, necessitates a remand for reconsideration of the more limited class rights that the plaintiffs could properly assert a

303 F.2d 536 Dock Perry GLENN and William M. Belvin, Appellants,v.UNITED STATES of America, Appellee.Ronnie J. EVERITT, Appellant,v.UNITED STATES of America, Appellee.Ronnie J. EVERITT and Clifton Hawkins, Appellants,v.UNITED STATES of America, Appellee.Clifton L. HAWKINS, Appellant,v.UNITED STATES of America, Appellee. Nos. 18859-18861, 18940. United Sta

OPINION PANNER, Chief Judge. This action involves essentially the same parties as were before me in VanLeeuwen v. The Farm Credit Administration, CV 83-1413-PA. VanLeeuwen was dismissed after the parties signed and filed a Settlement Agreement on May 15, 1984. Plaintiffs Herbert C. Coleman and Fred Kaser were plaintiffs in VanLeeuwen. The Farm Credit Administration (FCA), the Fe