338 results for 'cat:"Property" AND cat:"Contract"'.
J. Swan finds the trial court partially erred in its judgment awarding a one-half interest in a property to the ex-boyfriend in his dispute with the ex-girlfriend over ownership of the property they jointly purchased in 2001. The trial court's application of the evidence standard and challenged findings of fact are affirmed, but it improperly failed to complete its findings by not determining how much of the mortgage encumbers each of the ex-boyfriend and the ex-girlfriend's one-half interests. The trial court's judgment is partially affirmed and partially vacated, and the case is remanded only to determine how much of the ex-girlfriend's interest is encumbered by the mortgage. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: April 3, 2024, Case #: 2024 VI 18, Categories: property, contract
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that “this is a partial summary judgment... [which] does not address any other issue,” which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: Debt Collection, property, contract
J. Worthen finds the trial court improperly concluded the brother breached a contract with his sister. The siblings inherited portions of their mother's property, along with her debts. They executed an agreement from which the sister sued for breach after she finished making payments on the debts and the brother failed to transfer her portion of the property. Although jury instructions provided a definition of “condition precedent,” no questions asked the jury to determine the fulfillment of the conditions. The brother could not have breached the contract had the sister not failed to pay the note, and there is no proof the note was paid in full. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 3, 2024, Case #: 12-23-00116-CV, Categories: property, Wills / Probate, contract
J. Kelly finds the court of appeals improperly ruled in favor of a timeshare resort in a premises liability case filed against it by a family that was injured in a deck collapse. The trial court granted the timeshare's motion for summary judgment, finding the family were trespassers under the law and were owed no duty of care because they were guests of the owners of the timeshare. Despite not being the owners of the timeshare, they still had a right to be present on the property. Therefore, the trial court erred in finding they were trespassers. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 3, 2024, Case #: 03-22-00498-CV, Categories: property, Premises Liability, contract
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: property, Jurisdiction, contract
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J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: property, contract
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: property, contract
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Kleeh denies the family business's but grants the hydrocarbon exploration company's cross motions for summary judgment in a breach of contract suit claiming the company failed to properly pay oil and gas royalties in Doddridge County. Since the business does not own the interests in the three leaseholds specified in count two of its complaint, the court finds there is no enforceable contract between it and the company.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 28, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: Energy, property, contract
J. Chase finds that the trial court properly denied a neighbor's request for a declaratory judgment to create a predial servitude granting access across a property owner's alley to perform maintenance and repairs because there is no evidence in the record indicating a servitude, by juridical act,
prescription, or destination of the owner, existing between the two residences. However, the trial court should have granted injunctive relief to tailor a ruling to allow the neighbor a means to repair his home since the parties cannot reach an agreement. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 27, 2024, Case #: 2023-CA-0598, Categories: property, contract
J. Zimmerer finds that the trial court properly entered judgment in a dispute over a settlement agreement that stems from a "failed land transaction." There was no abuse of discretion in the exclusion of proposed testimony regarding an alleged withdrawal of funds from the registry of a different trial court in Brazoria County. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00103-CV, Categories: property, contract
J. Meyers declines to dismiss claims contending the Air Force took a company's equipment without providing compensation because the company sufficiently pleaded that the Air Force failed to pay the company after taking the property through its contractor.
Court: Court of Federal Claims, Judge: Meyers, Filed On: March 21, 2024, Case #: 23-6L, Categories: property, contract
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: Family Law, property, contract
J. Jewell finds that the trial court properly dismissed the couple's suit against the homeowners' association (HOA) and directors. The couple did not give any evidence of damages sustained from the HOA's alleged breach of the subdivision declaration. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 21, 2024, Case #: 14-23-00273-CV, Categories: property, contract
J. Miller finds the trial court did not err in its decision authorizing the disbursement of proceeds from the partition and sale of two condo units the ex-boyfriend and ex-girlfriend shared during their relationship. The trial court was not mandated by statutes to handle the sale proceeds in any other way than the way it handled them, that is by placing certain fees due to the ex-girlfriend in trust and dispersing the ex-boyfriend his remaining share. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 20, 2024, Case #: 23-1095, Categories: property, contract
J. Rufe grants a realty company's motion to dismiss this suit filed by a franchise company, alleging it breached the parties’ lease by failing to alert them that they were legally barred from opening a franchise store in the historic district of New Hope, Pennsylvania. The tenant failed to present any facts establishing that the landlord had a duty to alert them of local laws.
Court: USDC Eastern District of Pennsylvania, Judge: Rufe, Filed On: March 20, 2024, Case #: 2:23cv2193, NOS: Other Contract - Contract, Categories: Fraud, property, contract
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, property, contract
J. Bishop finds the county court properly divided the unmarried couple's shared assets and debts. Though one party was required to pay the other $150,000 within 90 days and did not, the signed agreement includes the stipulation the payment be made upon the other's completion of the transfer of real estate and business asset interests, whichever is later. All aspects of the agreement were met and the party's motion for a finding of contempt is denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-160, Categories: Contempt, property, contract
J. Newey finds a lower court improperly dismissed a beneficial interest holder's motion on contract claims against a former domestic spouse. The interest holder's former spouse argued that he was entitled to a stake in the land. However, the interest holder sufficiently showed in court that her former spouse was convicted for money laundering and that she is entitled to a stay in proceedings until his criminal proceedings end. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 18, 2024, Case #: CA-2023-1133, Categories: property, contract
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Andrews finds a lower court properly dismissed a group of borrowers' contract claims against a lender. The borrowers, property developers, argued that the agreement with the lender to repay loans was unenforceable, and that they were entitled to an extension of time for repayment. However, the lender sufficiently showed in court that the loan agreements are enforceable given that they are regulated mortgage contracts. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews , Filed On: March 15, 2024, Case #: CA-2023-1285, Categories: property, Banking / Lending, contract
J. Ervin-Knott finds that the trial court properly granted a property owner's petition for preliminary injunction preventing a development services company from entering the blighted property and doing construction work in an attempt to acquire the property. In this case, the owner presented undisputed evidence that it purchased the property in 2007 and maintained the property until the development services company initiated its attempt to obtain ownership of the property under La. R.S. 9:5633. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: March 15, 2024, Case #: 2023-CA-0612, Categories: property, contract