330 results for 'cat:"Property" AND cat:"Contract"'.
J. Johnson finds that the district court properly determined a stepdaughter to be the sole owner of a disputed property. The decedent, the original owner of the property, executed a Counter Letter in 1999 declaring the stepdaughter as the owner, and the letter does not require the stepdaughter to pay off the mortgage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023-CA-0013, Categories: Family Law, property, contract
J. Schlegel finds that the trial court should not have found for a homebuyer on her claim that her real estate agent did not verify the living area square footage before buying the house. The agent did not owe the buyer a duty to determine whether an enclosed patio in the living area was included in the square footage measurement. The buyer had the responsibility to hire a third party to verify the accuracy of the square footage of the home during the inspection period. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 4, 2023, Case #: 23-C-321, Categories: property, Real Estate, contract
J. Emas finds the trial court properly awarded attorney fees to the condo developer in a lawsuit from a real estate company over a failed deal between the two. The terms of an agreement in which the company assigned its rights to three condo units to another entity specifically holds that if the transaction failed to close and the developer prevailed in any legal action, both of which occurred, the company is liable for the developer's attorney fees and costs. Affirmed.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: October 4, 2023, Case #: 21-1547, Categories: property, Attorney Fees, contract
J. Wray finds the lower court erroneously dismissed all contract claims brought by the mineral rights buyer because the purchase agreement included a specific per acre price and a defined scope of the purchase interests, which established mutual assent and rendered it enforceable. Therefore, the contract claims will be reinstated and the case remanded for further proceedings. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: October 2, 2023, Case #: A-1-CA-40056, Categories: property, Real Estate, contract
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J. Robb finds the lower court properly denied the surface owners' request for extinguishment of the drilling company's rights. The lack of complete assignment of interests in mineral rights to the land in the 1972 title prevented the lower court from using that document as the root of title in the parties' dispute, and the company's rights were based on a separate, valid deed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Robb, Filed On: September 28, 2023, Case #: 2023-Ohio-3588, Categories: property, contract
J. Waite finds the trial court properly determined an 1896 royalty assignment constituted a perpetual royalty interest in the mineral rights of the property at issue. The assignment included definitive language about future leases, while the "floating one-half interest" language was also properly interpreted by the court as a requirement to recalculate the royalty interest with each successive lease. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waite, Filed On: September 28, 2023, Case #: 2023-Ohio-3653, Categories: property, Real Estate, contract
J. Lucas finds that the trial court improperly granted a homeowners' association dismissal of negligence claims contending that work on a drainage ditch caused foundation issues to plaintiffs' homes because plaintiffs established that work performed on the ditch substantially caused the damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: September 27, 2023, Case #: 2D22-3068, Categories: property, Negligence, contract
J. Wood finds that the county court improperly granted the romantic partner's motion to dismiss as untimely his partner's breach of contract claim arising from the couple's purchase of a home in Arkansas with plans of selling their Oregon homes. The relationship deteriorated and one of the partners asked the other to leave the Arkansas home. The parties’ oral agreement did not require the execution of a joint deed the moment a partner gave her home sale proceeds to the other, and the court of appeals is not required to determine when the breach occurred, but rather whether the statute of limitations bars the claim. Because the complaint does not allege a precise time that the partner was required to add the other's name to the deed, the untimeliness determination cannot be made. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 27, 2023, Case #: CV-22-509, Categories: property, contract
J. Michelson grants defendant dismissal of claims contending defendant broke an oral agreement to store $375,000 in cash and a Mercedes in Indiana while plaintiff was in prison and, ultimately, to deliver the cash and car to Michigan because neither party resides in Michigan or maintains continuous contacts with the state.
Court: USDC Eastern District of Michigan, Judge: Michelson, Filed On: September 27, 2023, Case #: 2:22cv11457, NOS: Other Contract - Contract, Categories: property, Jurisdiction, contract
J. Chase finds that the district court properly found for a title company's exception of no cause of action on a mortgage holder's claim that the title company and buyer coerced him into signing the HUD-1 Settlement Statement regarding the sale of his property. The mortgage holder does not present any evidence to support that he was coerced into signing the HUD-1 Settlement Statement. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase , Filed On: September 27, 2023, Case #: 2023-CA-0285, Categories: property, contract
J. Peterson denies Enbridge's motion to reopen and intervene in a lawsuit between the property owners and the city over the city's desire to use a driveway on their private property as a public road, which ultimately ended in a settlement with the property owners granting the city a limited easement to use the driveway to access a neighboring property. Though Enbridge claims it needs full public access to the driveway in order to reroute an oil and natural gas pipeline over the neighboring property, it has not proven it has a right to intervene and force the lawsuit to be reopened because its knowledge of the underlying lawsuit and settlement makes its intervention untimely and the prejudice to the property owners and city in reopening the settled lawsuit outweighs any prejudice to Enbridge, and its state-law claims are better suited for a separate state-level action.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: September 25, 2023, Case #: 3:21cv409, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, property, contract
J. Osteen grants an insurance firm’s motion to dismiss a hospital’s allegations of bad faith after the firm refused to cover wind and hail damage sustained by two buildings. Following the hospital’s insurance claim, an investigator concluded that further inspection of the site was necessary to conclude what was the cause of the damage. Although the hospital construes this as a bad faith action, the need for further inspection does not constitute malice or intentional injury as is required for the claim.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 22, 2023, Case #: 1:22cv849, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Hixson finds the trial court improperly denied the property buyer’s motion for new trial after determining that the contract for deed was unenforceable being that only the seller had signed it. The contract was signed by the seller and, so, is enforceable against her according to Oklahoma title statutes. The fact that the buyer did not execute the agreement does render it invalid. Being the contract is enforceable, it granted equitable title to the buyer, making a constructive mortgage in favor of the seller. The buyer then defaulted, and the court properly granted judgment in favor of the seller on her breach of contract claim. Affirmed in part. Reversed in part and remanded.
Court: Oklahoma Courts Of Appeal, Judge: Hixson, Filed On: September 21, 2023, Case #: 120300, Categories: property, contract
J. Sullivan denies in part summary judgment to a bank that sued an assisted living business for an alleged breach of contract for failure to pay on a Paycheck Protection Program (PPP) loan. Although the business requested a loan of $20,000, the bank approved it for a loan of over $1 million. Although it is undisputed that the business defaulted on its repayments, the bank had no right to rely on contradictory and false certifications stated later in the application. This is because the application initially clearly stated that the business was only looking to borrow $20,000. Also, one of the business owners bought a property with the loan money and did so with the intention to commit fraud. However, the bank has yet to state the exact relief it seeks monetarily and in regards to said property.
Court: USDC Maryland, Judge: Sullivan, Filed On: September 21, 2023, Case #: 8:21cv3210, NOS: Other Contract - Contract, Categories: Fraud, property, contract
Per curiam, the appeals court finds the trial court properly denied the condo owner a temporary injunction, denied him summary judgment and dismissed his lawsuit seeking to block remedial work the condo association wanted to make to his unit, which the owner says at least should have required getting a second opinion from another engineer. Because there is no reversible error in either of the trial court's orders, they are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-1057, Categories: property, contract
J. Myren finds that the circuit court improperly granted summary judgment in favor of a trust concerning the purchase price of land. The parties entered into a sale agreement in 2000 for the sale of land for $325 per acre. During the discussions leading up to the sale, the buyer agreed to that purchase price with the understanding that he would have an option to buy the remainder of their land at a lower per-acre price. Reversed.
Court: South Dakota Supreme Court, Judge: Myren , Filed On: September 20, 2023, Case #: 2023SD49, Categories: property, contract
J. Hendon finds the trial court properly dismissed the condo owners' claims against the condo association over mold growth, staining and other water damages in their unit caused by leaks because they are time-barred by the relevant statute of limitations, and the owners have not pointed to any exception that applies to them based on evidence of new leaks or ongoing problems with previous leaks. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: September 20, 2023, Case #: 22-1911, Categories: property, Tort, contract
Per curiam, the appeals court finds the trial court properly dismissed the property owner's lawsuit against the condo association because, under Florida rules, it was required to enter nonbinding arbitration with the association before filing its declaratory judgment action, which it did not. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 22-0656, Categories: Arbitration, property, contract
Per curiam, the appeals court finds the county has not met the high standard for second-tier certiorari review of the circuit court's reversal of a special magistrate's finding that the citizen violated county land development code regarding special vacation rental permits while acting as trustee of his revocable trust. Finding no departures from the requirements of law by the circuit court, the county's petition for certiorari review is denied.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: September 20, 2023, Case #: 23-0145, Categories: Government, property, contract
J. Edmondson finds the court of appeals improperly reversed the trial court's summary judgment in favor of the petroleum lessor. Exhibits presented during summary proceedings were insufficient to show a material fact that a well was commercially profitable. An overriding royalty interest may be extinguished by an extinguishment of the working interest from which it was fashioned by the lessee's surrender in substantial compliance with the lease. The appeals court opinion is vacated. The trial court's judgment is reversed, and the matter remanded for further proceedings.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: September 19, 2023, Case #: 119810, Categories: Energy, property, contract
J. Stegner finds that the trial court properly held that a property owner cannot argue his tenants breached property leases because he failed to present any issues of fact that show that the parties did not act in accordance with oral modifications to property leases. Text messages and emails detailed the modifications and the parties' annual reconciliations of debits and credits supported the conclusion that the parties had a meeting of minds to modify the leases. Affirmed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: September 15, 2023, Case #: 49354, Categories: Agriculture, property, contract
J. Oliver finds that the trial court properly held that the individual tenant who signed a commercial lease on behalf of a non-existent company is responsible for unpaid rent. And the individual tenant's personal petition for bankruptcy was a material default under the plain terms of the lease. The landlord is awarded attorney fees on appeal. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: September 14, 2023, Case #: 20210655-CA, Categories: property, Attorney Fees, contract
J. Suttell finds that the trial court improperly held that the parties had entered a valid purchase and sales agreement because the seller signed the agreement as an individual, not as trustee. Specific performance was prematurely ordered at summary judgment given discrepancies in the record, but the buyer was properly granted summary judgment in motions seeking declaratory judgment and anticipatory repudiation since her failure to appear at closing repudiated her obligations under the contract.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: September 12, 2023, Case #: 22-74, Categories: property, Real Estate, contract
J. Lambert finds the property owner has properly moved for a minor clarification regarding the appeals court's July 14, 2023, opinion in a dispute over property boundaries and riparian rights between the property owner, his neighbors and the city, and a revised version of the July opinion reversing the trial court's findings against the property owner at the summary judgment phase is issued. Per that revised opinion, the trial court erroneously overlooked disputes of fact over who owns a portion of the disputed property and whether it was originally platted as waterfront property, and it incorrectly concluded that the property owner's riparian rights and his neighbors' riparian rights could not conflict because the properties are not immediately adjacent to one another and that some of the property owner's claims are time-barred. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: September 8, 2023, Case #: 21-2407, Categories: property, contract