340 results for 'cat:"Property" AND cat:"Contract"'.
Per curiam, the appeals court finds the trial court in part erred in its non-final order in a lawsuit between an office condo and a residential condo over right-of-way access to 14 parking spaces on the office condo's property. The trial court's temporary injunction and writ of replevin giving the residential condo access to the parking spaces is upheld, but the trial court failed to set a bond in its order as required by statutes, so that portion of the order is reversed and on remand it is ordered to set such a bond. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: November 22, 2023, Case #: 22-1889, Categories: property, contract
J. Alikhan reverses the trial court's finding for a couple on their claims against a contractor related to advance payments they made for renovation work they deemed defective. The couple failed to show the contractor or his wife actually accepted the advance payments. Reversed in part.
Court: DC Court of Appeals, Judge: Alikhan, Filed On: November 22, 2023, Case #: 22-CV-0527, Categories: property, contract
J. Johnson finds that the farmers did not show their equal protection rights were violated when they applied for their borrow pit permit from the Plaquemines Parish Government. The farmers claim they lost almost $1 million because the parish prevented them from excavating 324,000 cubic yards of clay to be used in a levee construction. In this case, the farmers did not establish how they were treated differently from other borrow pit operators, despite being the only operators required to backfill for having their borrow pit exceed ten acres. Further, the farmers do not show that an unconstitutional taking took place because the property had been used for other economically beneficial purposes such as a farm. The farmers were still able to make a profit by excavating some of the clay from their property after submitting their second borrow pit application. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: November 21, 2023, Case #: 2023-CA-0098, Categories: property, contract
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J. Cogburn partially denies a condominium owners association’s motion for summary judgment following allegations of race discrimination brought by a Black female condo owner. The association also filed counterclaims for breach of contract and a declaratory judgment enforcing fines for the owner’s alleged violations of the agreement between the parties. After the owner was raped in her condo, she had a Ring Peephole Camera installed on the exterior of her door. While serving as vice president of the association's board, the owner was subject to harassment from multiple board members including fines for her camera installation, sexual propositions, and one member saying “You can’t reason with Black women.” Someone also anonymously left a bag of gummies in the shape of male genitalia with the note, “Eat a bag of dicks.” The owner also reports that other white residents in violation of altering their exterior doors were not subject to harassment and complaints. Because there are genuine issues of disputed facts in this case, summary judgment is not awarded. Also, until a jury determines whether the owner was subject to race discrimination, the association’s claims for breach of contract and summary judgment cannot be resolved.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: November 21, 2023, Case #: 3:22cv249, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, property, contract
J. Marquez finds the appeals court properly granted the production companies' motion for summary judgment in a oil and gas lease dispute. A 4-month stoppage in oil production at several wells for necessary repairs to a sales pipeline did not trigger the termination clauses in the leases between the production companies and the landowners. The wells remained commercially viable during the shutdown and were still capable of production under the terms of the leases. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: November 20, 2023, Case #: 2023CO58, Categories: property, contract
J. Du denies the leasing company who says it holds a lien against the disputed property. The original owner completed an affidavit disclaiming debts, liens, or other claims before the sale closed with the purchaser for over $500,000. The purchaser has stated a plausible claim for declaratory relief on the basis that as a third-party it did not have notice of the lien, qualifying as a bona fide purchaser for value.
Court: USDC Nevada, Judge: Du, Filed On: November 17, 2023, Case #: 3:23cv176, NOS: All Other Real Property - Real Property, Categories: property, contract
J. Lewison finds a lower court properly dismissed a borrower's contract claims against a lender. The borrower argued that she is not entitled to pay a percentage fee to the lender after it obtained funding on her behalf. However, the lender sufficiently showed in court that she signed an agreement, accepted its terms, and the gave the green light lender to the to procure a mortgage on her behalf. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: November 16, 2023, Case #: CA-2021-1880, Categories: property, Banking / Lending, contract
J. Ortego finds that the trial court properly ruled that the vendor conveyed all of the immovable property to the vendees in the sale of a business. The vendor did not give sufficient evidence to support her claim that she had retained a 29% ownership interest in the immovable property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: November 15, 2023, Case #: CA-23-7, Categories: Evidence, property, contract
J. Smith finds the trial court properly entered summary judgment for the holdings company, which acquired title to land containing a sand and gravel mine previously transferred to the materials company by the original leaseholder of the mine. Undisputed facts based on a history of email evidence show the materials company failed to pay royalties, received adequate notice and failed to cure within 10 days of notice. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: November 15, 2023, Case #: 23-20023, Categories: property, Business Expectancy, contract
J Thyer finds the trial court improperly designated the divorced couple's home as marital property and allocated the husband's 401(k) plan among him, his former ex-wife and his now-ex-husband. The ex-husband quitclaimed interest in the home to the husband in exchange for release from liability on the mortgage, which meets the statutory definition of a gift and thus satisfies the marital property exception. The trial court also failed to give full consideration to the domestic relation order entered in the prior divorce action as it applies to allocation of the retirement account. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 15, 2023, Case #: CV-22-622, Categories: Family Law, property, contract
J. Hunter finds that the trial court properly sustained a peremptory exception of prescription and a dilatory exception of improper use of a summary
proceeding filed by attorneys seeking payment for legal work performed. The attorneys were retained by the decedent under a contingency contract to annul a donation of property . The record shows that the decedent was unable to afford legal representation and the attorneys assumed costs by successfully pursuing litigation, which resulted in the decedent regaining ownership of her property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: November 15, 2023, Case #: 55,336-CA, Categories: property, contract
J. Asplin finds a lower court properly ruled in favor of a group on tenants on contract claims against a landlord. The landlord argued that it was not obligated to serve notices to tenants of available freehold titles. However, the tenants presented sufficient evidence in court that they are entitled to first notices of offers of titles under the Landlord and Tenant Act. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Asplin, Filed On: November 14, 2023, Case #: CA-2022-2111, Categories: property, Real Estate, contract
J. Stiglich finds the trial court properly granted the property owner summary judgment in this suit brought by the renter who attempted to terminate its lease due to operating issues stemming from Covid-19 lockdowns. The owner filed a properly supported motion establishing the renter’s default. The renter failed to offer evidence in opposition. Covid restrictions do not excuse nonperformance. Affirmed.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: November 9, 2023, Case #: 84808, Categories: property, Covid-19, contract
J. Hixson finds the trial court properly divided the divorced couple’s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband’s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company’s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: Family Law, property, contract
J. Whitehead grants the insurance company partial summary judgment against the real estate investors' lawsuit alleging that the insurance company wrongfully denied their claims for damaged stormwater drainage systems. The 2010 and 2011 notices and the 2001 and 2004 covenants are excluded from coverage under the policy, because the real estate investors knew that the property experienced significant storm drain issues but they continued with the purchase, thus agreeing to the risk of loss, costs and expenses from the property's drainage system.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 8, 2023, Case #: 2:23cv584, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Neeley, in this original proceeding, denies the relator and ex-husband’s request for a writ of mandamus to vacate an order disqualifying his attorney upon the ex-wife and real party in interest’s motion to disqualify. The attorney was retained by the then still-married couple to represent them in a suit involving the husband’s termination as chief operating officer of a grocery store holdings company. During the pendency of this suit, the couple divorced, and the wife intervened in the suit as having a community property interest. The attorney adversely cross-examined the wife upon deposition. As the wife’s former counsel, the attorney is privy to confidential information, giving rise to potential prejudice. The husband fails to demonstrate entitlement to mandamus relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: November 8, 2023, Case #: 12-23-00236-CV, Categories: Employment, property, contract
J. Emas finds the trial court properly entered final judgment in favor of the property owners in a quiet title dispute from a limited liability company and a citizen, as the company and citizen failed to adequately dispute material facts established by the property owners. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: November 8, 2023, Case #: 22-2150, Categories: property, contract
J. Lobrano finds that the trial court properly denied a homeowner's request for permanent injunction to stop seizure and sheriff’s sale of his property. In this case, the bank filed a petition for executory process asking for an order of seizure and sale of the property and presented evidence of the original note, affixed with blank indorsement, and a certified copy of the mortgage. Therefore, the bank complied with the procedures to foreclose by executory process. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: November 7, 2023, Case #: 2023-CA-0245, Categories: property, contract
J. Klappenbach finds the county court properly found that a nonexclusive easement exists in the property deed, preventing the owner from attempting to block or restrict their neighbors from using it. The owner was aware that the property he purchased was subject to the easement, which was not required to have been conveyed to the neighbors by the previous owner. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach, Filed On: November 1, 2023, Case #: CV-22-719, Categories: Municipal Law, property, contract