331 results for 'cat:"Property" AND cat:"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
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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. 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. 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. 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
J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband’s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband’s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband’s business. Though the wife previously worked for the business, it was the husband’s premarital property, and she did not have authority to withdraw money from the business’s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: Family Law, property, contract
J. Olson finds that a lower court improperly entered a non-jury verdict in favor the buyers of a house against its sellers on breach of contract and fraud claims. The buyers failed to provide evidence that their reliance on the sellers’ lack of answers regarding the status of an addition to the home was justified. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 1, 2023, Case #: J-A09028-23, Categories: property, Real Estate, contract
J. Moore finds the district court improperly divided the marital estate in this dissolution proceeding. The court of appeals modifies the decree to restore the ex-wife’s maiden name. Though the wife did not move to amend pleadings, a court may constructively amend in order to render a consistent decision. The husband did not object to the request to restore the name and the court could have amended the pleadings to conform to the evidence. The court also abused its discretion by including the total value of the wife’s whole life insurance policy and two retirement accounts in the marital estate. Valuations and divisions of certain debts and property including a truck and trailer are also modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 31, 2023, Case #: A-22-873, Categories: Family Law, property, contract
J. Lazarus finds that the lower court properly dismissed a homeowner’s claims against a home inspection company she says failed to discover issues with her home’s foundation at the time of inspection. The homeowner’s claims against the company under the Home Inspection Law are time-barred. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 30, 2023, Case #: J-A18026-23, Categories: property, Damages, contract
[Consolidated.] J. Dingemans finds a lower court properly dismissed a housing complex company's occupation agreement claims against a group of "property guardians," who occupy vacant commercial spaces to deter squatting. The housing complex argued that the property guardians were obligated to thwart squatters and vandals. However, the properly guardians presented sufficient evidence in court that their roll was to safeguard the spaces by sleeping in the buildings for a certain amount of time. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Dingemans, Filed On: October 27, 2023, Case #: CA-2022-767, Categories: property, Housing, contract
J. Johnson finds that the district court properly awarded a Condominium Association $47,881 for past due condominium fees and a special assessment for Hurricane Ida damage. In this case, the condominium owner does not show that the Association breached its duty to repair a leak in his unit that caused a loss of rental income. The testimony from the owner establishes that the time gaps where the unit remained vacant between leases were due to the owner not promptly listing the unit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 24, 2023, Case #: 2023-CA-0080, Categories: property, contract
J. McFadden finds that the trial court improperly ruled in favor of the transportation department, city and city employees on the buyer's breach of contract claim arising after the department said it would rescind its acceptance of the buyer's bid to buy a property. The buyer had a binding contract with the department when it received written notice of the department's decision to accept the buyer's offer as the highest bid. The buyer's move to make changes to the unsigned deed did not constitute a counter-offer. A genuine issue of fact also exists as to whether the department abandoned the sale. However, the trial court correctly found in favor of the company on the buyer's claim for tortious interference with business relations. Reversed in part.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: October 20, 2023, Case #: A23A0751, Categories: property, contract