Cases

The plaintiff, Mississippi Valley Title Insurance Company ("Mississippi Valley"), appeals from an order dismissing its complaint against Perry O. Hooper, Sr. The plaintiff also petitions for a writ of mandamus directing the trial judge to allow a second amendment to the complaint. We affirm the dismissal and deny the petition. Background Mississippi Valley alleged in its original complaint that Hooper had acted as an attorney-at-law to render title op

HUTCHESON, Circuit Judge. This is an appeal from a judgment in a bankruptcy proceeding in which, adopting as his own the memorandum opinion, the findings of fact and the conclusions of law of the referee, denying appellant’s petition to foreclose his mortgage for the full amount of his claims, the district judge made the referee’s o

In view of the fact that the respondent, Perry O. Hooper, trial judge, filed a motion under Rule 39 (k), Ala.R.App.P., in which he stated that "the new trial was granted on grounds other than insufficiency of the evidence," I agree that the Court of Criminal Appeals erred in granting the state's petition for mandamus. The circumstances of this case are unlike those presented in Ex parte Nice, 407 So.2d 874 (Ala. 1981).

This expedited appeal, submitted on briefs and arguments of counsel on July 1, 1980, presents the issue whether a judge, appointed to a judicial office vacated by a prior appointee, may offer for election for a full term before he has completed one year in office, and such an election be valid. Immediately upon submission and after careful consideration, we issued an order affirming the judgment below which decreed that the Appellee, Judge Hartwell B. Lutz, was lawfully elected for a

JOHN R. BROWN, Circuit Judge. In this civil action seeking relief for violation of § 10(b) of the Securities Exchange Act, 15 U.S.C.A. §§ 78 et seq., 78j, and Rule X-10B-5 promulgated by the SEC, the principal question is whether a corporation misled by fraud in the issuance of its stock in return for spurious assets is a seller. Is

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 277 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 278 On Application for Rehearing On July 8, 2005, this Court affirmed the trial court's summary ju

In February 1998, Gregory Dennis retained attorney Walter Northcutt to represent him in a legal-malpractice action against the law firm Meelheim and Rea, P.C.1 Northcutt represented Dennis in his suit against Meelheim and Rea; however, on September 9, 1999, Northcutt moved to withdraw as counsel, stating that he and Dennis were no longer able to work together and that it would be in Dennis's best interest to be represented by another

334 S.C. 281 (1999) 513 S.E.2d 358 Kim D. HOOPER and Beverly G. Hooper, Plaintiffs, v. Amy ROCKWELL, Tony Suttles, South Carolina Department of Social Services, Candice Lynn Suttles, Shannon Donna Suttles, and Anthony Robert Edward Suttles, of whom Candice Lynn Suttles, Shannon Donna Suttles, and Anthony Robert Edward Suttles are minors under the age of eighteen years, by their guardian ad litem, Edward Galloway, Defendant

Case: 22-30159 Document: 00516940626 Page: 1 Date Filed: 10/23/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED October 23, 2023

This is an original petition filed in this court for writ of mandamus to be directed to the Honorable Thomas E. Huey, Jr., as Judge of the Circuit Court of Jefferson County. This case presents certain procedural questions in connection with a contest of a will under Tit. 61, §§ 52, 63, Code 1940. On April 12, 1973, Sarah Natalie Howard Bruce (hereinafter referred to as Mrs. Bruce) offered for probate in the Probate Court of Jefferson County, an instrument executed on August 31,

49 F.3d 734 Larry Roe, Perry O. Hooper, Sr., James D. Martinv.State of Alabama, By and Through its Attorney General JamesEvans, James Bennett, Honorable Alabama Secretary of State,John W. Davis, a Representative of a Class of Persons whoHanve Sought to Have Their Ballots Counted in an Action inCircuit Court of 8 Coosa County, Alabama, Mobile CountyAppointing Board Lionel W. Noonan, Wilcox County AppointingBoard, Jerr

[Cite as State v. Hooper, 2022-Ohio-2990.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT ALLEN COUNTY STATE OF OHIO, PLAINTIFF-APPELLEE, CASE NO. 1-21-35 v. CHEYENNE N. HOOPER, OPINION DEFENDANT-APPELLANT. Appeal from Allen County Common Pleas Court Trial

The parties to this appeal are coterminous landowners. Irene P. Adams sued O.D. King in the Circuit Court of Montgomery County for draining across her land two ponds located on his property, causing her property to flood. She alleged that as a consequence of his action she lost an opportunity to sell the property. After trial a jury returned a verdict in favor of Mrs. Adams, awarding her no compensatory damages but $500.00 punitive damages and ordering Mr. King to reseal the two ponds

This is an appeal from an order of the trial court denying plaintiffs' motion for *Page 918 relief under Rule 60 (b), Alabama Rules of Civil Procedure. We affirm. On April 23, 1981, plaintiffs filed their complaint seeking injunctive relief to prevent the defendant, Capital City Church of the Nazarene, from building church facilities on a certain lot located within Green Acres subdivision. Plaintiffs' complaint alleged the existence of cert

612 So.2d 1237 (1992) ALABAMA SECURITIES COMMISSION v. AMERICAN BUSINESS CLUB; J.F. (Jim) Straw. 2910360. Court of Civil Appeals of Alabama. November 6, 1992. Rehearing Denied December 11, 1992. Certiorari Denied February 26, 1993. Robert L. Rash, Director, Alabama Securities Com'n, Montgomery, for appellant. Perry O. Hooper,

United States Court of Appeals For the First Circuit No. 16-2444 JWAINUS PERRY, Plaintiff, Appellant, v. LUIS S. SPENCER, Commissioner; THOMAS DICKHAUT, Former Superintendent; ANTHONY M. MENDONSA, Former Deputy of Classification; JAMES J. SABA, Superintendent; ABBE NELLIGAN, Deputy of Classification; PATRICK TOOLIN, Correctional Program Officer; KRISTIE LADOUCEUR

This is an action for condemnation of drug-related objects defined in § 20-2-75, Code of Alabama 1975, as amended by 1980 Ala. Acts 80-579. Condemnation proceedings were brought by the District Attorney of the Fifteenth Judicial Circuit against some ten boxes of articles seized under search warrant from a place of business in the City of Montgomery. After hearing ore tenus, the trial judge entered an order directing forfeiture of the entire lo

This is an appeal by plaintiff from a judgment for the defendant following an ore tenus hearing in the trial court below. We reverse and remand. Plaintiff had been employed at Trenholm State Technical College (Trenholm) until he was removed by action of the president of the college, Thad McClammy. Plaintiff initiated this action for a writ of mandamus and injunctive relief, with the view of reinstatement to his former position, claiming that because he was a tenured em

This is a corporate income tax case. In 1978 Chesebrough-Ponds, Inc., was a foreign corporation doing business in Alabama. It joined with its fifteen subsidiaries in filing a consolidated federal income tax return for that year, but filed a separate return with Alabama (Alabama does not allow for consolidated returns). Section40-18-35 (3), Code of Alabama 1975 allows as a deduction from state income tax an amount of the total federal income ta

Plaintiffs, who are Blue Cross and Blue Shield of Alabama (Blue Cross) policyholders, appeal from a summary judgment entered against them in this action to recover interest on claims paid by Blue Cross under medical insurance policies held by the plaintiffs. The issue, which was before the trial court and is now before us, is this: Is Blue Cross, which issues health insurance policies which are silent as to when claims for benefits are due to be paid, required to pay interest at the l