47 results for 'cat:"Property" AND cat:"Attorney Fees"'.
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. The trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 25, 2024, Case #: 49628, Categories: property, Settlements, attorney Fees
J. Meyer holds that the trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 17, 2024, Case #: 49628, Categories: property, Settlements, attorney Fees
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. Wright finds that the lower court improperly awarded improperly awarded the ex-girlfriend $17,000 in attorney's fees in a dispute over the sale of a home. The ex-boyfriend's conduct during litigation did not amount to vexatious behavior, and the amount of fees should only be determined by the amount of work the attorney conducted towards the partition suit for the benefit of both parties. Reversed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: April 16, 2024, Case #: ED111764, Categories: property, attorney Fees
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J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: Arbitration, property, attorney Fees
J. Kauger, on certiorari, finds the court of appeals improperly affirmed the trial court's award of attorney fees. The homeowner had $51,000 in attorney fees awarded against him from his loss of a contract dispute over roofing work required by his bank. The order awarding attorney fees did not specifically set forth the facts and computation to support the award. Vacated.
Court: Oklahoma Supreme Court, Judge: Kauger, Filed On: April 8, 2024, Case #: 119432, Categories: Construction, property, attorney Fees
J. Baker finds that the trial court properly ruled in part in the corporation's lawsuit seeking to establish an easement for it to construct and maintain a boat dock on the trust's property. The trial court reasonably limited the scope of the corporation's access, barring it from constructing a dock. However, the trial court did err in only awarding the trust contingent attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: March 22, 2024, Case #: 03-22-00422-CV, Categories: Construction, property, attorney Fees
J. Wozniak orders proceedings to determine if a county is entitled to trial court attorney fees despite an earlier denial of appellate attorney fees. The county prevailed in a dispute with a property developer over density requirements, and is entitled to trial court fees if it can prove the property owner failed to accept its bona fide settlement offer. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: March 8, 2024, Case #: 6D23-879, Categories: property, Zoning, attorney Fees
J. Zahn finds that the district court properly rejected challenges to a roadway easement and a shared well easement. A boundary line adjustment was valid and no prescriptive easement to land subject to the new boundary line was established. An order to remove a spite fence was proper because the fence interfered with easement rights. A partial award of attorney fees was based on a consideration of the entire history of litigation. Affirmed.
Court: Idaho Supreme Court, Judge: Zahn, Filed On: February 27, 2024, Case #: 49773-2022, Categories: property, attorney Fees
J. Crothers finds that the district court properly granted summary judgment in favor of the North Dakota Industrial Commission, acting through the North Dakota Housing Finance Agency concerning a housing development that includes a homeowner’s association. Attorney fees were properly denied. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: February 22, 2024, Case #: 2024ND32, Categories: property, attorney Fees
J. Dato finds the trial court improperly denied an award for attorney fees in this contract dispute against a county council. The property owner alleges she was fraudulently enrolled in a Property Assessed Clean Energy program. This case is remanded for the t rialcourt to find if there is a “party prevailing on the contract,” and for further proceedings. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 20, 2024, Case #: D080978, Categories: Environment, property, attorney Fees
J. Jensen finds that the district court properly held that a company breached a contract for deed. The company claimed that the court erred in granting quiet title on two of the three parcels of real property at issue. The matter is also on remand for determination of a reasonable amount of attorney fees. Affirmed.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: February 8, 2024, Case #: 2024ND16, Categories: property, attorney Fees
J. Bahr finds that the district court properly denied a motion involving an eviction notice. The motion was frivolous and noted that the individual filing "has played games throughout the proceedings," and that he was attempting to relitigate matters previously decided. Attorney fees were properly awarded. Affirmed.
Court: North Dakota Supreme Court, Judge: Bahr, Filed On: February 8, 2024, Case #: 2024ND25, Categories: property, attorney Fees
J. Salter finds that the circuit court properly granted a tenant’s motion for summary judgment concerning a breach of the management agreement claim for the purchase and subsequent leasing of a home. The circuit court also held that individuals were entitled to attorney fees under the terms of the listing agreement. Affirmed.
Court: South Dakota Supreme Court, Judge: Salter , Filed On: February 7, 2024, Case #: 2024SD10, Categories: property, attorney Fees
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. Chutz finds that the trial court properly determined the property owner violated the subdivision's landscaping maintenance covenant and awarded the homeowners association (HOA) a fine and attorney fees. The HOA's reconventional demand was not prescribed, and there is sufficient evidence that the owner violated the covenant. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: November 30, 2023, Case #: 2023CA0023, Categories: property, attorney Fees
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. Shorr finds the trial court properly denied a timber company’s petition for a statutory way of necessity over state-owned land and awarding attorney fees to the Department of Forestry. “Based on the record, the trial court could reasonably conclude that defendant articulated a reasoned explanation for withholding consent to the petition, and thus did not act arbitrarily and capriciously as a matter of law.”
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: September 27, 2023, Case #: A167397, Categories: property, attorney Fees
J. Tenney finds that the trial court had discretion to deny homeowners the attorney fees they sought after the trial court dissolved a temporary restraining order on their construction project due to inaction by a homeowners' association. A reasonable person could find that the injunction halting their project for nonconformance with CC&Rs was not wrongful. However, the trial court must consider whether they are due attorney fees under a prevailing party provision in the CC&Rs. Reversed in part.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220356-CA, Categories: property, Damages, attorney Fees
J. Aenlle-Rocha grants the lessee $119,200 in attorney fees as the prevailing party in the various companies' appeals of the Bankruptcy Court’s order granting the lessee’s motion to assume the lease and sublease of four floors and a basement of a central Lose Angeles property. The lessee’s requested hourly rates for its attorneys are reasonable because they are skilled lawyers whose hourly rates reflect their knowledge and quality of service, and the lessee provides copies of its attorneys’ billing records to prove it.
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: September 20, 2023, Case #: 2:20cv10656, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, property, attorney Fees
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. Manglona finds an investment company owes $766,000 in unpaid rent, attorney fees and other costs to the lumber company. The investment company did not pay rents for over one year and the lumber company did not constructively evict it from the warehouse property as it was still allowed access onto the property.
Court: USDC Northern Mariana Islands, Judge: Manglona, Filed On: August 25, 2023, Case #: 1:21cv27, NOS: Rent Lease & Ejectment - Real Property, Categories: Landlord Tenant, property, attorney Fees
J. Irion finds that the trial court properly rejected homeowners' claims against a homeowners' association for violations of the Common Interest Development Open Meeting Act due to the homeowners' unclean hands. The homeowners failed to show that emails exchanged between directors constituted board meetings, and they failed to support their appellate challenge with proper record citations or legal authorities. However, on remand, the trial court must reverse its attorney fee award to the association because the owners sued to enforce the Open Meeting Act, not the association's governing documents. Reversed in part.
Court: California Courts Of Appeal, Judge: Irion, Filed On: August 25, 2023, Case #: D080208, Categories: property, attorney Fees
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