203 results for 'cat:"Civil Procedure" AND cat:"Property"'.
J. Tijerina finds that the lower court properly divided the community estate in this divorce proceeding. The husband argues that he "received 6.3% of the community estate," but the court disagrees, as a certain financial account was the wife's separate property, and the husband was awarded one-half of the community's interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 8, 2024, Case #: 13-22-00249-CV, Categories: civil Procedure, Family Law, property
J. Johnson reverses the district court's grant of declaratory relief moving a road to property owners who favor a proposed purchase and redevelopment of their properties and others in the same subdivision, concurring with the opposing neighbors' argument that a district court cannot relocate easements in ways contrary to the plain language of the instrument which created the easement. Reversed.
Court: Minnesota Court Of Appeals, Judge: Johnson, Filed On: February 5, 2024, Case #: A23-0441, Categories: civil Procedure, property
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J. Altice finds that the trial court properly held that property owners were not required to exhaust all remedies before seeking an injunction to stop the building of a residential facility for dementia patients. Construction was properly halted because evidence indicated the group home likely did not meet all zoning requirements. Affirmed.
Court: Indiana Court Of Appeals, Judge: Altice, Filed On: February 2, 2024, Case #: 22A-PL-2931, Categories: civil Procedure, property, Zoning
Per curiam, the appellate division finds that the lower court properly declined to dismiss a breach of fiduciary duty claim against the building owner alleging it fraudulently passed on to unit owners the costs of construction and maintenance disguised as condominium common charges. The owner's actions to conceal renovation charges in the common charge assessments is a core element of the unit owners' claims, so the claims are subject to a six-year statute of limitations. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 1, 2024, Case #: 00450, Categories: civil Procedure, Fraud, property
J. Marcel vacates the trial court finding for the state on a property owner's forfeiture proceeding related to his car being seized during an ongoing drug investigation. The trial court should not have denied the property owner's motion to amend his claim under the Seizure and Controlled Dangerous Substances Property Forfeiture Act because the property owner presented evidence to show the car was bought with funds received from a car accident. Further, the property owner's claim of ownership was timely filed. Vacated.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: January 31, 2024, Case #: 23-CA-212, Categories: civil Procedure, property
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: civil Procedure, Family Law, property
J. Cannataro finds that the appellate division should have upheld a directed verdict entered for a mother who sought to affix liability for her son's death by drowning while swimming in a creek near low-head dams. Neither the mother nor the joint-counties oversight board was due a directed verdict on evidence that was insufficient to eliminate questions as to whether ownership of the dams ran with the land under them or had been transferred to the board by the federal agency that built them. Because the jury followed a rational process at trial and found the board not liable, remittal is necessary to reinstate that verdict.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: January 16, 2024, Case #: 08, Categories: civil Procedure, property, Wrongful Death
J. Egan finds that the lower court properly dismissed the city's attempt to penalize a lender for failing to maintain a vacant residential "zombie" property awaiting foreclosure. Squatters continued to access the home, from which an "incredible stench" emanated, but the lender offered evidence of expenditures that had been made to secure the site, which met the requirements of real property law. Since a foreclosure sale occurred during pendency, the lender no longer remained obligated to maintain the property. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: January 11, 2024, Case #: 536057, Categories: civil Procedure, property, Foreclosure
J. Reynolds Fitzgerald finds that an appeal should be dismissed as challenging amendments to subdivision plans that allow construction of an on-site wastewater treatment system to serve certain lakefront residential lots in Adirondack Park. During pendency, the system was built, and exemptions to the mootness doctrine did not apply since plaintiffs failed to seek further injunctive relief after the lower court vacated the temporary restraining order.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: January 11, 2024, Case #: 535816, Categories: civil Procedure, property
J. Gabbert finds that the lower court improperly denied the Grand Lodge's motion to intervene. The Grand Lodge's interests could not be properly defended by a subordinate lodge, as the subordinate is not a legal entity without any right to control or own the disputed property. Reversed.
Court: Missouri Court Of Appeals, Judge: Gabbert, Filed On: January 2, 2024, Case #: WD85658, Categories: civil Procedure, property
[Consolidated.] J. Northcutt finds that the circuit court properly ruled for the property appraiser in claims seeking ad valorem tax exemptions for property the port authority leases to a marine repair company. Joining both parties to the suit was appropriate since they both held an interest in the exemption issue. Affirmed.
Court: Florida Courts Of Appeal, Judge: Northcutt, Filed On: December 29, 2023, Case #: 2D20-2605, Categories: civil Procedure, property, Tax
J. DuBow finds that the lower court improperly entered summary judgment in favor of a salon in this action against an insurance company regarding whether the tenant is considered a co-insured on its landlord’s fire insurance coverage. The salon had no reasonable expectation that it was a “co-insured” on the policy according to the lease. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 26, 2023, Case #: J-A21017-23, Categories: civil Procedure, Insurance, property
J. McLaughlin finds that the lower court properly found that a pet store owner failed to sustain her burden in this replevin action and finding that a cat rescue organization owned the cat who had been living in her shop, Toby. The record shows that the organization owned Toby and therefore had the right to repossess her. Affirmed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 20, 2023, Case #: J-S39019-23, Categories: civil Procedure, property