8 results for 'cat:"Property" AND cat:"Attorney Fees" AND cat:"Contract"'.
J. Harrison finds the circuit court properly denied the attorney's claim for legal fees. The attorney sought fees from the estate of his deceased brother's deceased wife for long-term legal work he claims to have provided "on loose payment terms." The deceased brother lost the contract suit he brought against his wife alleging her failure to pay him for property sales. There is substantial evidence the attorney was paid. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: April 17, 2024, Case #: CV-23-212, Categories: property, attorney Fees, contract
J. Stegner finds that the trial court properly dismissed a homeowners' association's contract claims against property owners over allegedly unpaid assessments since the association failed to show they had violated its covenants, conditions and restrictions. On remand, the trial court must revisit its partial award of attorney fees to the association. Attorney fees may be awarded to a non-prevailing party if the party is entitled to them under a contractual provision and the party prevailed on a discrete contractual claim. Reversed in part. Vacated in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 12, 2024, Case #: 49371, Categories: property, attorney Fees, 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. 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. Moeller upholds the trial court's dismissal of an inverse condemnation and breach of contract action against the state transportation department. Property owners failed to show that the statute of limitations was tolled between 2000, when they last challenged the department's 1997 taking, and 2016 when they sued. The department is not entitled to attorney fees because the gravaman of the owners' inverse condemnation claim was constitutional and was not based on the original contract the parties entered over the owners' access to their property. Affirmed.
Court: Idaho Supreme Court, Judge: Moeller, Filed On: August 14, 2023, Case #: 48898, Categories: property, attorney Fees, contract
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J. Smith finds the trial court properly and improperly ruled in a breach of contract case following a dispute over the sale of property by Woodhull Ventures to Megatel Homes. Megatel failed to establish that Woodhull breached the contract to transfer the property. However, the trial court abused its discretion in finding Megatel was not entitled to the award of attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: July 7, 2023, Case #: 03-21-00390-CV, Categories: property, attorney Fees, contract
J. Soud finds the trial court properly partitioned and distributed the proceeds from the judicial sale of a residential property previously co-owned by the daughter and the mother. The trial court's decision awarding attorney fees to the mother but not the daughter must be affirmed because it cannot be fully reviewed with the available record, in part because there is no transcript of the hearing on attorney fees to determine if the trial court abused its discretion by weighing the equities involved, including whether one of the parties brought frivolous arguments or defenses. The trial court's decision on attorney fees and its final accounting and distribution of the proceeds from the sale are upheld. Affirmed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: July 7, 2023, Case #: 23-0010, Categories: property, attorney Fees, contract