203 results for 'cat:"Civil Procedure" AND cat:"Property"'.
[Consolidated.] J. Jenkins finds that the trial court should not have found for an oil company on property owner heirs' claims that the oil company improperly disposed of hazardous substances on their property and concealed information of the contamination on the basis that BP's predecessors ceased their activities on the property by 1968, which was prior to the heirs acquiring the property. It was error to determine that the subsequent purchaser doctrine applied to the exchange of property because the transaction was an exchange and not a sale. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 20, 2023, Case #: 2023-CA-0212, Categories: civil Procedure, property, Contract
J. Winchester finds the district court properly quieted title to the property in favor of the party claiming title through a warranty deed. Though another party claims title to the property through adverse possession, possession alone is not sufficient, and the possessor cannot prove she adversely possessed the property for the 15 years required for the claim. Affirmed in part.
Court: Oklahoma Supreme Court, Judge: Winchester , Filed On: December 19, 2023, Case #: 120181, Categories: civil Procedure, property
J. Wolfe finds that the trial court should not have certified the judgment sustaining the parish president's exception of no cause of action as final, so the property owners' appeal is dismissed. The issue as to the parish president's immunity has not been fully adjudicated, and the immunity of the parish council is also undecided.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 14, 2023, Case #: 2023CA0446, Categories: civil Procedure, property, Jurisdiction
J. Lobrano finds that the trial court should not have granted the sewer and water board's exception of no cause of action in an inverse condemnation action related to property owners' mandamus petition seeking payment for a judgment related to claims that the board damaged their properties during the Southeast Louisiana Urban Drainage Project. In this case, payment of a judgment awarding just compensation for inverse condemnation, like a judgment awarding just compensation for expropriation, is a ministerial duty. Therefore, the property owners have stated a cause of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: December 13, 2023, Case #: 2023-CA-0293, Categories: civil Procedure, property
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J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: civil Procedure, Family Law, property
J. McShan finds that the lower court properly dismissed a land dispute tied to a scrivener's error discovered years later when the parcel was conveyed as part of a will because plaintiff was not time-barred from quieting title via chain of ownership in the deeds, and proof offered by the will beneficiary established her entitlement to judgment as a matter of law. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: November 30, 2023, Case #: 534143, Categories: civil Procedure, property, Wills / Probate
J. Fields finds that the trial court properly declined to vacate a default judgment granting a claim for a one-half interest in a property. The motion to vacate is time-barred because it came 184 days after the judgment. The six-month bar on statutory relief is the longer of either 182 days or six calendar months. Affirmed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: November 13, 2023, Case #: E078234, Categories: civil Procedure, property
J. Armistead grants the homeowner leave to add a partnership liability claim to his third amended complaint alleging that the construction company did not improve a remodeled home it sold to the homeowner, as the home had numerous improper repairs and defective materials. Although asserted on the barest of facts, the homeowner sufficiently alleges that Roman Chernichenko created a partnership with Valentine Perederyev and the construction company to flip the home for a profit.
Court: USDC Oregon, Judge: Armistead, Filed On: November 9, 2023, Case #: 3:23cv34, NOS: All Other Real Property - Real Property, Categories: civil Procedure, property
J. Johnson finds that the trial court properly refused to dismiss property owners' claims stemming from an inaccurate survey that did not show retaining walls that had been built onto neighboring lots. A certificate of merit was not required in this case since the accused parties that performed the survey were not "licensed or registered surveyors." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 19, 2023, Case #: 10-22-00378-CV, Categories: civil Procedure, property, Negligence
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: civil Procedure, Insurance, property
[Consolidated.] J. Dysart finds that the trial court should not have granted a tax sale buyer's motion to confirm title and homologate tax sale. The motion was based on the sustaining of the buyer's exception of no cause of action on the original owners' claim that the buyer failed to send the required notice of the tax sale. In this case, the trial court should have given the original owners an opportunity to state a cause of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: October 16, 2023, Case #: 2022-CA-0851, Categories: civil Procedure, property
J. Herman finds that the trial court should not have denied a property owner's motion to dismiss based upon abandonment related to a neighboring property owner's claims over damage due to construction work being performed. In this case, the last step taken by the property owner was on June 26, 2019, and the neighboring property owner took no step in the prosecution or defense of the case within three years of the filing of a motion for voluntary dismissal. Reversed.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: October 16, 2023, Case #: 2023-C-0579, Categories: civil Procedure, property