338 results for 'cat:"Property" AND cat:"Contract"'.
J. Kelly finds the trial court properly dismissed the previous owner's breach of contract claims against the current owner, alleging that his decision to sell the property to a developer violated the purchase agreement transferring the property. On appeal, the previous owner argues that his oral agreement with the current owner made clear that the property could not be sold before the balance of a 10-year loan was paid off. Contrary to the alleged oral agreement, a promissory note unambiguously reflects a possibility of the sale of the property before the loan is paid off and any penalties that may be incurred were the current owner to decide to sell the property. The existence of such an agreement negates the previous owner's claims of fraud, thus justifying the trial court's dismissal of his claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 7, 2024, Case #: 03-22-00399-CV, Categories: property, Tort, contract
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: Fraud, property, contract
J. Wise finds that the trial court properly sided with the insurance companies in a dispute with a college over the lack of coverage for its losses allegedly resulting from Covid-19. The losses fall under the scope of the policy's exclusion, which identifies "virus" as a "pollutant or contaminant" that is not covered. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00145-CV, Categories: Insurance, property, contract
J. Rambin finds that the trial court properly ruled in favor of the decedent's son and his wife in a dispute with the decedent's widow regarding ownership of a 304-acre ranch. The widow's issues with the jury questions lack merit, and there was no abuse of discretion in limiting her voir dire inquiry. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 6, 2024, Case #: 06-22-00082-CV, Categories: Jury, property, contract
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J. Ellison denies, in part, a bank's motion to dismiss a borrower's foreclosure-related action. He sufficiently alleges his claims for breach of post-foreclosure contract, fraud by nondisclosure and promissory estoppel.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: February 5, 2024, Case #: 4:23cv1092, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, contract
J. Rosenthal denies, in part, an insurer's motion to dismiss a homeowner's claims arising from a coverage dispute for storm-related damage. The homeowner sufficiently alleges his breach of contract claim and a claim related to an allegedly unexplained incomplete payment made by the insurer.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv1897 , NOS: Insurance - Contract, Categories: Insurance, property, contract
[Consolidated.] J. Brown finds that the trial court should not have denied an original property owner's petition to annul the quitclaim deed on grounds of fraud and ill practice. In this case, there is no dispute that the signature of the original owner's mother affixed to the quitclaim deed was a forgery. Since the owner alleged that the quitclaim deed that purported to transfer the property to the person who transferred it the new deed holder was a forgery and not in authentic form, the deed holder could not attain any rights to the property by virtue of the recorded quitclaim deed. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: February 5, 2024, Case #: 2023-CA-0460, Categories: property, contract
J. Dever denies a homeowner couple’s motion for summary judgment after Hurricane Florence damaged their house, causing water damage that a contractor valued over $240,000. State Farm covered only $66,000 of their claim because the existence of vapor barriers within the walls could have caused further damage after the hurricane ended, which State Farm claims its policy does not cover. The couple argues the policy should cover all damage including that sustained as a result of the vapor barriers, thus, there is an unresolved issue of material facts.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 2, 2024, Case #: 4:21cv146, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Kruger holds that the appeals court must revisit its rejection of the trial court's conclusion that an implied easement had been established over an eight-foot-wide strip of land. Though not favored by the law, an exclusive implied easement is recognized if it was the clear intent of the parties to the underlying land transaction. The appeals court must examine whether substantial evidence supports a finding that the long-term use of the strip by neighbors and their predecessors for a planter, wall and driveway established an intent to create an easement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 1, 2024, Case #: S275023, Categories: Evidence, property, contract
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Spain finds that the trial court improperly ruled that the contingent-payment clause in the subcontractor's agreement was enforceable. The contingent-payment clause was unconscionable and "one-sided" since the subcontractor was not given complete information about the project or parties involved. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 25, 2024, Case #: 14-22-00219-CV, Categories: property, contract
J. Buller finds that a restaurant was properly ordered to pay on a lease after vacating the space prior to termination based on the restaurant's admission that it broke the lease. However, the restaurant is not responsible for property damages sought by the plaza because the restaurant had been renovating the space for its next tenant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1822, Categories: property, contract
J. Dawson grants Fidelity's motion to dismiss this title insurance policy dispute after a lender submitted a title insurance claim, which was denied. Fidelity title group asserts no control over Fidelity title insurance, and the lender has not established jurisdiction over the title group.
Court: USDC Nevada, Judge: Dawson , Filed On: January 19, 2024, Case #: 2:20cv1955, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: Family Law, property, contract
J. Stegner finds that the trial court properly dismissed a homeowners' association's contract claims against property owners over allegedly unpaid assessments since the association failed to show they had violated its covenants, conditions and restrictions. On remand, the trial court must revisit its partial award of attorney fees to the association. Attorney fees may be awarded to a non-prevailing party if the party is entitled to them under a contractual provision and the party prevailed on a discrete contractual claim. Reversed in part. Vacated in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 12, 2024, Case #: 49371, Categories: property, Attorney Fees, contract
J. Thompson reverses, in part, the lower court's finding for a condo association and others on a condo owner's contract claims. There are questions of fact as to when his claims accrued and which party is responsible for remediation of issues within his condo. Reversed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: January 11, 2024, Case #: 22-CV-0644 , Categories: property, contract
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: Family Law, property, contract
J. Thompson finds that the trial court properly determined that a sublessee fully satisfied its rental obligation by placing the correct portion of rent in the court registry. The sublessee's rental obligation was satisfied by the payment of one third of the amount due under the master leases since the owner of the land leased the property and the three structures on the property to the lessee, who in turn subleased one of the structures to the sublessee to be used as a bar. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: January 10, 2024, Case #: 55,403-CA, Categories: property, contract
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: Administrative Law, property, contract
J. Horan denies a trustee's motion for summary judgment in its foreclosure case against the homeowners due, in part, to inconsistencies in the payment transaction history.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: December 29, 2023, Case #: 3:23cv237, NOS: Foreclosure - Real Property, Categories: property, Banking / Lending, contract
J. Zilly grants the insureds summary judgment for their claim that the insurance company cannot rely on the vandalism exclusion in the insurance policy to deny the insureds losses from theft of "fixtures, utilities, appurtenances, systems and furnishings." The insurance company asserts that the policy's vandalism exclusion applies because the property was vacant for over 30 consecutive days before the loss, but it offers no basis for why it can deny coverage for any personal property, which includes the washer, dryer and other stand-alone appliances.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 28, 2023, Case #: 2:22cv1174, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Bowman finds that the lower court properly dispersed funds from an eminent domain transaction. The property that was condemned included a cell tower, leading a series of telecommunications companies to claim leasehold interest over some of the $16 million fund given as a compensation for the property. The lower court used all of the proper metrics and data points to distribute the funds among the numerous parties fairly and there is no evidence their procedures were an abuse of discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Bowman, Filed On: December 27, 2023, Case #: 84466-1-I, Categories: property, contract
J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: Family Law, property, contract
J. McMurdie finds a lower court improperly dismissed negligent misrepresentation claims brought by a housing developer against the City of Phoenix. The City argued that it was not obligated to turn over certain zoning records and land use restriction information. However, the housing developer sufficiently showed in court that the City sold him un- developable land without disclosure. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: December 21, 2023, Case #: 1 CA-CV 23-114, Categories: property, Zoning, contract