203 results for 'cat:"Civil Procedure" AND cat:"Property"'.
J. Long vacates a family court’s decision awarding a Coventry woman half of her ex-husband’s state pension 24 years after finalization of their divorce. The woman’s request of the family court was “clearly untimely.” Having decided that the woman did not know about her former husband’s pension from the state department of corrections until 2017, the trial justice erroneously held that the woman’s request was not time-barred and ordered him to pay her a total amount of $83,284. The matter is remanded to the family court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-328, Categories: civil Procedure, Family Law, property
J. Gustafson finds that credible evidence supported the district court determination that a property owner had established a prescriptive easement over two roads passing through a neighbor's property. Summary judgment was precluded by disputes of fact about whether the historical use of the roads was permissive. The property owner was entitled to amend its complaint and have it relate back to the original complaint. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: June 20, 2023, Case #: DA 22-0279, Categories: civil Procedure, property
J. Rodriguez denies motions by a tenant seeking relief from lower court findings in a landlord-tenant eviction dispute because the tenant has not provided adequate information to seriously consider his appeals. Concerning a hearing that the tenant disputes, this court does not have “a copy of the reporter’s record or even a docket entry indicating that a hearing took place.”
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 20, 2023, Case #: 08-23-00035-CV, Categories: civil Procedure, property, Housing
J. Tavitas finds that the trial court properly ruled in foreclosure claims concerning a mechanic's lien. A party who had interest in the related property was not initially part of the proceedings, and defendant company failed to comply with a court order regarding control over the property. Thus, the added party was entitled to relief from judgment, and the trial court properly set aside the order. Affirmed.
Court: Indiana Court Of Appeals, Judge: Tavitas, Filed On: June 19, 2023, Case #: 22A-PL-2724, Categories: civil Procedure, property
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Per curiam, the supreme court finds the ex-husband has not met his burden to force the lower court to issue rulings on motions he filed in a lawsuit involving partition of a property he and his now deceased ex-wife jointly owned as a couple before their marriage was dissolved. The lower court acted within its authority when it ruled in April 2023 that it would not make any further rulings in the case until a representative was appointed for the deceased ex-wife, whose death the ex-husband added to the record against court procedures in February 2023 with a phone call to chambers and a filed copy of the death certificate. The ex-husband also has not shown he has a "clear and indisputable" right to an order advancing his case on an expedited calendar based on the argument that, at 89 years old, he is entitled to advancement under part of the Virgin Islands Code granting litigants the right to petition for that preference if they are over 70, as the constitutionality of the mandatory elderly preference has been called into question and may well present due process, equal protection and separation of powers issues. The ex-husband's mandamus petition is denied.
Court: Virgin Islands Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023 VI 9, Categories: civil Procedure, Constitution, property
J. Elgo finds the trial court properly denied the property owner's renewed motion to open the judgment of foreclosure. It failed to provide evidence it had sufficient funds to substitute a cash bond for the judgment lien or was in the process of selling other pieces of real estate to come up with the funds, while the four-year litigation also weighed heavily against any further delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: June 15, 2023, Case #: AC45355, Categories: civil Procedure, property, Banking / Lending
J. Cohen finds the trial court properly determined the child support obligation and that the issue of retroactive child support was "tried by implied consent." Also, there was no abuse of discretion regarding the valuation of the rental property and the "equitable distribution" of the ex-husband's share of the property. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-563, Categories: civil Procedure, Family Law, property
J. McGrath finds that the district court was within its discretion to deny a company's motion to disqualify a property owner's attorney. The company failed to show that the attorney's representation of one of its managers in a private real estate matter created a concurrent conflict of interest with the attorney's representation of the property owner in an easement dispute with the company. Affirmed.
Court: Montana Supreme Court, Judge: McGrath, Filed On: June 13, 2023, Case #: DA 22-0608, Categories: civil Procedure, property
J. Pellegrini finds that the lower court improperly granted a petition to enforce settlement filed by one restaurant co-owner against another in this dispute over whether an agreement to transfer ownership shares is enforceable between the parties. The buying co-owner’s attorney accepted a
“redlined” version of an agreement sent by the selling co-owner’s attorney and the court made no findings concerning whether the former had authority to enter into the agreement without his client’s final approval. Remanded.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: June 5, 2023, Case #: J-A11033-23, Categories: civil Procedure, property, Contract
J. Glickman upholds the superior court's refusal to dismiss the homeowners' suit seeking the cancellation of an individual's lis pendens notice against their property. The lis pendens notice did not comply with D.C. law, as their ownership of the home was not directly at issue in the individual's underling fraudulent conveyance action. Affirmed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 1, 2023, Case #: 22-CV-0051, Categories: civil Procedure, property
J. Soto finds a lower court erred in a convoluted foreclosure dispute. In the court’s first opinion in this dispute, it found a debt receiver had not established that a company facing foreclosure was a “subsidiary” of World Class Capital Group — a company owned by Nate Paul, a real-estate investor involved in the ongoing impeachment inquiry into Republican Texas Attorney General Ken Paxton — and therefore that the receiver could not settle the foreclosure to address the debt. In this second opinion, the appellate court asks the trial court to reconsider the “authority” of the receiver in this foreclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 25, 2023, Case #: 08-22-00225-CV, Categories: civil Procedure, Debt Collection, property
J. Soto finds a lower court erred in a convoluted foreclosure dispute. A court in a separate case involving debts allegedly owed by the company facing foreclosure had appointed a receiver, which then attempted to settle the foreclosure on the basis that that the company facing foreclosure was a “subsidiary” of another in-debt company: World Class Capital Group, a company owned by Nate Paul, a real-estate investor involved in the ongoing impeachment inquiry into Republican Texas Attorney General Ken Paxton. However, that receiver has not proven that they could “take possession” of the foreclosed property, and “factual questions remai“” as to whether the receiver was authorized to act on behalf of the company facing foreclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 25, 2023, Case #: 08-22-00073-CV, Categories: civil Procedure, Debt Collection, property
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: civil Procedure, property, Real Estate