198 results for 'cat:"Civil Procedure" AND cat:"Property"'.
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: civil Procedure, property, Damages
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: civil Procedure, property
J. Barrett finds the circuit court improperly found the romantic partner would be unjustly enriched. The homeowner added her partner's name to the deed of the house under the assumption the parties would be married. After the sale of the house, the partner claimed he was allowed to keep half of the net proceeds from the sale as a joint tenant. The owner made a gift to her partner when she placed his name on the deed. Though the owner regrets the decision, this is not a valid basis for setting aside a deed. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 1, 2024, Case #: CV-23-27, Categories: civil Procedure, property, Contract
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: civil Procedure, property, Banking / Lending
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J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: civil Procedure, property
J. Borden denies, in part, a sellers’ motion for judgment on the breach of contract pleadings in this real estate purchase dispute against the buyers who counterclaims for breach of contract, misrepresentation and suppression. Both parties agree they entered a valid agreement to sell and purchase the property. The sellers argue the buyers failing to close by the date agreed was a breach the contract. The buyers argue the sellers refusing to terminate the agreement and return their money was breach of contract, misrepresentation and suppression. As for the breach of contract claims, there are questions of fact concerning whether the buyers contacted the sellers to discuss termination. The buyers’ misrepresentation and suppression counterclaims fail as a matter of law; constructive knowledge precludes their claims.
Court: USDC Northern District of Alabama , Judge: Borden, Filed On: May 1, 2024, Case #: 6:23cv888, NOS: All Other Real Property - Real Property, Categories: civil Procedure, property, Contract
Per curiam, the appellate court grants mandamus relief to the community association seeking to designate two entities as responsible third parties for an underlying suit brought by property owners over flooding allegedly caused by amenity lakes in the subdivision and improvements on nearby properties. It was an abuse of discretion for the trial court to deny the association's motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 30, 2024, Case #: 14-23-00283-CV, Categories: civil Procedure, property
J. Stabile finds that the lower court partly improperly sustained the preliminary objections of a mother and CEO of a language services company against her son, the company’s former vice president. The declaratory judgment and minority shareholder oppression causes of action in son’s 2021 complaint are sound in equity and therefore can go forward. Reversed in part.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: April 25, 2024, Case #: J-A24008-23, Categories: civil Procedure, property, Business Practices
J. Jewell finds that the trial court properly ruled in favor of the seller of a property in a bill-of-review action involving a dispute over a private transfer fee. The trustee's argument that it was not served in the "proper capacity" in the prior suit lacks merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 23, 2024, Case #: 14-23-00092-CV, Categories: civil Procedure, property
J. Fitzwater orders a city that subpoenaed information from another city that is a non-party in the underlying case to meet and confer with the non-party city to reduce the scope of the request. Subpoenas of non-parties must not be overly burdensome but, because the information sought may be of value to the case, the non-party city’s motion to quash is denied at this time.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 16, 2024, Case #: 3:22cv2154, NOS: All Other Real Property - Real Property, Categories: civil Procedure, property, Discovery
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: civil Procedure, property, Settlements
J. Christiansen Forster holds that the district court erred in concluding that a dispute over water district impact fees posed exceptional conditions requiring the appointment of a special master. The trial judge's pending retirement, the long duration of the case, Covid-19 calendar backups and a desire for relaxed rules of procedure and evidence do not warrant a special master. Furthermore, any legal complexity presented by the case will require district court determinations anyway. Reversed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 11, 2024, Case #: 20220403-CA, Categories: civil Procedure, property
J. Pitman finds that the trial court should not have denied a property owner's petition to annul a judgment related to the seizure of its property to satisfy a judgment for damages caused by a tree falling on a driver's car. In this case, the property owner was not properly on notice because the curator attempted service of process by certified mail at two addresses, which were both returned. However, the curator did not perform a search of the tax assessor’s records or the conveyance and mortgage records, which could have provided the curator with the owner’s name and address. Reversed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: April 10, 2024, Case #: 55,515-CA, Categories: civil Procedure, property
J. Prata finds that the trial court properly granted plaintiff declaratory and injunctive relief in claims contending a neighbor violated a restrictive covenant by permitting the unbridled growth of his landscaping, and properly dismissed the laches defense since defendant did not explain why plaintiff's proffered reasons for delaying litigation would be erroneous. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: April 2, 2024, Case #: 23-74, Categories: civil Procedure, property, Negligence
J. Collins finds that the trial court improperly dismissed a farm's motion seeking a writ of certiorari after the city of Greenville granted a special use permit to allow the construction of a firearm range because the city waived the opportunity to claim a procedural defect due to the fact that the farm incorrectly named the city in the complaint. Reversed.
Court: North Carolina Court of Appeals, Judge: Collins, Filed On: April 2, 2024, Case #: COA23-662, Categories: civil Procedure, property, Zoning
J. Ledet finds that the trial court should not have denied a condominium association's motion to reallot this case to Division L. In this case, a previous collection suit regarding the same parties and the instant suit are "related" since both suits involve issues regarding the costs associated
with roofing and waterproofing the owner's property, which led to the alleged failure to pay the assessments in this case. The other collection suit was already allotted to Division L. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: April 2, 2024, Case #: 2024-C-0134, Categories: civil Procedure, Debt Collection, property
J. Hoffman finds that the trial court did not properly include a mortgage on a property when dividing the proceeds of a foreclosure sale, noting that the record clearly indicates that the lender has a mortgage on the property. The judge finds that the trial court did properly reference rental income assignments and properly fulfilled other procedural duties related to the foreclosure sale. Reversed in part. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Hoffman, Filed On: March 29, 2024, Case #: 2024-Ohio-1184, Categories: civil Procedure, property
J. Chehardy finds that this court does not have jurisdiction to hear a property owner's judicial review of a judgment related to the Disaster Recovery Unit's suit seeking the return of grant money given to property owners to elevate their property. In this case, the property owner's motion for appeal was only made to the trial court's judgment denying the motion for new trial.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: March 27, 2024, Case #: 23-CA-348, Categories: civil Procedure, property