331 results for 'cat:"Property" AND cat:"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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Klappenbach finds the circuit court properly held the construction company in contempt in this suit brought by the trucking company asserting a claim for specific performance related to an agreement to sell real property. The court found that the trucking company was entitled to specific performance, ordering the construction company to convey the “missing land” per the terms of the contract. The trucking company failed to deliver the required warranty deed and an affidavit of heirship and argues that they did not willfully violate the order being that their compliance was outside of their independent control. They show no evidence to demonstrate this. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: September 6, 2023, Case #: CV-22-689, Categories: Contempt, property, contract
J. Lasnik grants summary judgment to the park owner against the alpine club's seventh counterclaim in a property dispute over a preserve owned by the park owner. The general maintenance that the alpine club performed on the preserve does not mean that it had a valid easement, as the alpine club was already under contract to maintain the preserve's buildings, trails, roads and other aspects at the alpine club's expense.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 1, 2023, Case #: 2:19cv1819, NOS: Trademark - Property Rights, Categories: property, contract
J. Miler finds the trial court improperly found against the former wife in her lawsuit over allegedly fraudulent transfers of funds by her former husband and the consulting company. The trial court incorrectly determined it lacked authority to extend an expired lis pendens the wife recorded with the clerk of court, which is necessary to protect her interests in a property against the claims of third-party lien holders. The wife's petition for certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-1180, Categories: property, Settlements, contract
J. Sullivan partially denies a mortgagor its motion to dismiss allegations of financial damages brought by a pair of homeowners after the mortgagor reportedly offered, then rescinded, a Veterans Affairs loan modification to help veterans during the early days of Covid-19. The two homeowners went into forbearance of their mortgage during the pandemic when they were offered the modification, but when they went to refinance their loan, they could not based on the pending modification. The mortgagor rescinded the modification based on inaccurate records that the couple had missed 12 monthly payments, but then offered the modification again later. Each time the mortgagor offered or rescinded, the couple wrote them qualified written responses asking for clarification of next steps to address the multiple issues, but the mortgagor did not respond. At this stage, the couple has sufficiently pled that they’ve suffered damages due to the mortgagor’s failure to reply.
Court: USDC Maryland, Judge: Sullivan, Filed On: August 30, 2023, Case #: 8:22cv1684, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, contract
J. Mazzant finds the district court improperly dismissed this breach of contract action brought by the successor-in-interest of a title insurance dispute regarding a mortgage note which was secured by a lien on real property. After foreclosure, the original loan servicer discovered discrepancies in the title based upon a gift warranty deed received by the borrowers. Further litigation ensued involving multiple parties and the district court determined that absent parties are required under a particular rule of civil procedure while failing to “undertake an examination of the practical and equitable … factors” raised in a party’s absence, according to the rule of civil procedure being used. Vacated and remanded.
Court: 5th Circuit, Judge: Mazzant, Filed On: August 30, 2023, Case #: 22-50930, Categories: property, Banking / Lending, contract
J. Arterburn, in this marriage dissolution, finds the county court properly distributed real estate purchased during the marriage by the husband for significantly less than fair market value. The difference between the purchase price and the fair market value of the land was a gift to the husband from his family, and so was his separate property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-723, Categories: Family Law, property, contract
J. Mitchell finds that the lower court properly ruled when denying an property owner’s motion to vacate a decision that would result in her losing possession of land she had purchased from a company, who originally bought the land from a tax sale, as the county had failed to give proper notice of the tax sale to the original land owner. Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: August 25, 2023, Case #: SC-2022-1034, Categories: property, Tax, contract
J. Sullivan finds for a property management company on a competitor's contract, breach of good faith and fair dealing, tortious interference and related claims. The action is untimely.
Court: USDC District of Columbia, Judge: Sullivan, Filed On: August 25, 2023, Case #: 1:17cv1756, NOS: Other Contract - Contract, Categories: property, Interference With contract, contract
J. Bredar denies summary judgment to a rail firm against a pipeline construction company, and to the company against Baltimore, after the company dumped sewage at the rail firm’s coal shipping site. Initially, the firm gave the city access to its site to allow it to update sewage lines that run underneath. The construction company, hired as a subcontractor, then dumped the sewage during its work at the site. As to the firm, there are still factual disputes regarding the extent of contamination and appropriateness as to remediation of the firm’s site, which routinely sprays loads of coal with water to suppress coal dust. The firm has not demonstrated an absence of genuine dispute of material fact. As for the company, it does owe the firm a duty of care separate from any of its obligations to the city.
Court: USDC Maryland, Judge: Bredar, Filed On: August 25, 2023, Case #: 1:19cv2976, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, Negligence, contract
J. Dever partially denies a cricket organization its motion to dismiss a breach of contract brought by a landowner after the parties disagreed about the true date of sale of 70 acres. The sports organization claims it had 30 days from the time it made the last of three extensions of sale to close the deal. However, the landowner argues the organization's signing was not timely and therefore violated the agreement, so he cancelled the sale. While the landowner plausibly argues that the organization was not communicative enough to establish its desire to buy the property and, thus, the timeliness of fulfilling its end of the agreement, he cannot establish deceptive trade practices solely based on a breach of contract.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: August 24, 2023, Case #: 5:23cv110, NOS: Other Contract - Contract, Categories: property, Trade, contract
J. Stegner finds that the district court properly granted summary judgment to a commercial tenant, requiring a property owner to honor the tenant's lease option to purchase the property. A declaration by the the tenant that the owner never provided notice of default was properly admitted, and the record shows the owner waived their rights to impose late fees. However, the trial court erred when it awarded the owners a credit for loss of use of the purchase price during litigation, and the tenant is entitled to an equitable award if it can show that the delay in purchasing the property increased its costs. Reversed in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: August 18, 2023, Case #: 49094, Categories: property, contract
J. Theofanis finds that the trial court improperly ruled in part in a contract dispute between Austin JSB and Otwell Realty, real estate firms that share an easement. Otwell asserted that Austin JSB violated the terms of the easement by constructing a tram that allows access to a shoreline on the property. The trial court agreed and found that the tram was a violation of the contract. Reviewing the terms of the easement, it can be concluded that Austin did have a right to install the tram. However, Otwell was not statutorily required to seek a trespass-to-try-title, so the trial court did not err in such regard. Reversed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 18, 2023, Case #: 03-22-00459-CV, Categories: property, Real Estate, contract