338 results for 'cat:"Property" AND cat:"Contract"'.
J. Dysart finds that the trial court properly granted a creditor's exception of no cause of action on a property owner's nullity petition related to his property being sold at a sheriff's sale after he defaulted on the mortgage. In this case, the creditor was not the adjudicatee at the sheriff’s sale and has never been in possession of the property. Therefore, the property owner was not entitled to file a lawsuit to nullify the sale of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0263, Categories: property, contract
[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. Pittman dismisses a couple's pro se foreclosure-related action against a lender. The couple fails to sufficiently allege their claims for slander of title and credit, nor can they support their breach of contract claim, as they have admitted default.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: December 19, 2023, Case #: 4:23cv534, NOS: Consumer Credit - Other Suits, Categories: property, Banking / Lending, contract
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J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: property, Real Estate, contract
J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: property, Settlements, contract
J. Dillon grants declaratory judgment to the insurance company, clarifying that it is not obligated to provide coverage. A woman contracted with the recovery service to clean, repair and store her personal property following a water loss at her residence. Later she claimed that they had damaged and lost much of her property. The recovery service did not give the insurance company prompt notice of the woman's claim as required by their contract.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: December 18, 2023, Case #: 5:23cv29, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: property, Damages, contract
J. Palafox finds a lower court erred in a mineral-rights dispute stemming from a so-called “double-fraction dilemma” in over the years, holders of mineral rights use separate fractions to allocate ownership. Contrary to the ruling of a lower court, the deed conveyed “floating royalty interest” to one set of owners, as language in the deed confirms. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 15, 2023, Case #: 08-23-00058-CV, Categories: property, Real Estate, contract
J. Lucas finds that the trial court improperly ruled in part in this contract dispute between a tennis club and the community's homeowner association because genuine issues remain in dispute as to whether the association breached the maintenance agreement.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: December 15, 2023, Case #: 2D22-2358, Categories: property, contract
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: Fraud, property, contract
J. Harris finds the trial court improperly found the claimed owner of an option to buy certain property was legally assigned the option from the owner. Other entities claiming to the option say the assignment was an invalid, fraudulent transfer and they own the option after purchasing it in an execution sale from a previous owner. The trial court’s fraudulent transfer analysis contained legal errors and an erroneous subsidiary factual finding regarding the previous owner's intent to hinder, delay or defraud its creditor. Vacated.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20220892-CA, Categories: Fraud, property, contract
J. Gladwin finds the circuit court properly affirmed the commission's denial of the attorneys' application to vacate a mineral rights integration order. The attorneys, who were given a 35 percent interest in the property owners' mineral rights as a contingency fee, argue their predecessors-in-interest were not provided sufficient notice. The order granted the owners of unleased mineral interests a 15-day election period as to whether or not to participate in the well. The attorneys failed to establish that the heirs, who made no election, were not provided proper notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: December 13, 2023, Case #: CV-21-172, Categories: property, Wills / Probate, contract
[Consolidated] J. Miller finds that the trial court improperly found Florida statutes shield two mortgagees from claims in a lawsuit from the daughter of the deceased father in part seeking to quiet title to three real estate properties. The facts at issue in the case precluded application of the statute the trial court cited, so the daughter's motion for re-hearing is granted and a previous appellate court order in this case from October 11, 2023, is substituted with this opinion. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 13, 2023, Case #: 22-1468, Categories: property, contract
J. Belsome finds that the trial court properly found for a condominium association on its action to recover common condominium expenses from a mortgagee of four condominium units. In this case, the mortgagee possessed and employed the right to use the property, inspected its properties as an owner would during tenants’ occupancy, and leased and re-leased the units. Therefore, the mortgagee exercised all three elements of ownership. Further, the mortgagee was enriched by the expenses paid by the association. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome , Filed On: December 13, 2023, Case #: 2023-CA-0077, Categories: property, contract
J. Kelly finds that the trial court properly ruled against a property owner’s suit seeking to block a homeowners association from selling common-use land in a housing subdivision. The property owner claims that the association has no authority to sell the common-use plot of land because the owner shares in the interests in the land. No genuine fact issue exists that purports to give the property owner any claim to the land or restrain the association from selling the land without the property owner's approval. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: December 13, 2023, Case #: 03-22-00423-CV, Categories: property, Real Estate, Interference With contract
J. Frisch affirms the district court's denial of the purchaser's motion for a temporary injunction halting the cancellation of the sale of a mall. The district court was not obligated to presume the existence of irreparable harm should injunctive relief be denied, and the fact that the dispute concerns the purchase of real estate does not change that. It also did not abuse its discretion in concluding that the purchaser did not demonstrate irreparable harm as required. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: December 11, 2023, Case #: A23-0598, Categories: property, contract, Injunction
J. Bevan finds that a developer has standing due to an assignment of rights to challenge an easement on its property, despite a lack of contractual privity. But the contract between the developer's predecessor and a neighbor was an agreement to agree, not an enforceable contract to relocate a parking lot. Also, the developer waived its challenge to the district court's evidentiary rulings and an order denying equitable estoppel. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 8, 2023, Case #: 49679, Categories: property, contract
J. Mitchell finds the trial court properly ruled that a man should not receive additional profits after being sued to give back the land he bought from a tax sale to the original owners, as he already received compensation and could not show evidence that he was entitled to "mesne profits." Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: December 8, 2023, Case #: SC-2023-0495, Categories: property, Tax, contract
J. Pritzker finds that the lower court properly upheld a small claims judgment against a property owner who sought to recoup costs from two neighbors for snowplowing services on a shared driveway. A governing contract did not exist, and while precedent holds that all beneficiaries to an easement should contribute to "maintenance and repair," snowplowing did not constitute the latter. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 7, 2023, Case #: 535970, Categories: property, contract
J. McShan finds that the lower court properly denied plaintiff access to recover personal property at a parcel sold along with four others to resolve a long-running family dispute over partitioning real property because issues raised on appeal amounted to a request to vacate partition and sale, a new action not preserved for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 7, 2023, Case #: 535558, Categories: property, contract
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, property, contract
J. Wise finds that the trial court properly ruled in favor of the subsequent property owner in a dispute over an agreement that allowed a company to market and sell internet and other services to apartment residents. The company failed to give evidence that the subsequent owner assumed the obligations of the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: December 5, 2023, Case #: 14-22-00774-CV, Categories: property, contract
J. Price finds that the lower court properly ruled in favor of the University of Washington when a land developer sued them after being passed up for a development deal. The developer says the university used an unfair bidding process that resulted in the developer's competitor being selected for the building project instead, and says the university should have used a competitive bidding procedure to make its choice. There is nothing in law or in the record that required the university to follow a strict bidding process and it had the legal discretion to select the developer's competitor. Affirmed.
Court: Washington Court Of Appeals, Judge: Price, Filed On: December 5, 2023, Case #: 57985-5-II, Categories: property, contract
[Consolidated.] J. Herndon finds the trial court properly found the investment advisor liable for breach of contract, breach of fiduciary duty and conversion in this dispute over the sale of real property. Though the advisor says that no contract existed due to the investor's ignorance of the amended operating agreements, the agreements are found to be binding and enforceable. The parties dispute the timeline of events preceding litigation, though the investor's claims were timely filed and evidence shows the timeline is uncontroverted. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: November 29, 2023, Case #: 83350, Categories: property, Fiduciary Duty, contract
J. Johnson finds that a property owner's motion for leave to present additional evidence into an administrative record was properly denied. Evidence of the abatement of the property at the time of the administrative hearing is irrelevant due to its untimeliness and was not the condition of the property at the time of the hearing. Further, evidence presented at the administrative hearing established that the property was in violation of city ordinances, and that the property owner was remediating the property at the time of the hearing. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 29, 2023, Case #: 2023-CA-0379, Categories: Evidence, property, contract
J. McEvers finds that the district court properly denied a company's motion to vacate default judgment concerning a contract for deed dispute over the sale of a mobile home park. The dispute involved nonpayment of a final balloon payment of $406,414 when it became due on December 1, 2022. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers , Filed On: November 24, 2023, Case #: 2023ND216, Categories: property, contract