341 results for 'cat:"Property" AND cat:"Contract"'.
[Consolidated.] J. Atkins finds that the trial court should not have found for a tax sale purchaser of a property on its petition to annul judgment rendered in favor of the original owner's exception of no right of action on the purchaser's petition to confirm title. In this case, the purchaser claimed that the owner clandestinely changed the address of its property after the tax sale purchase and failed to inform the trial court, which constituted fraud or ill practices. A determination of the intent behind the owner's failure to inform the trial court that it changed its property address hinges on questions of credibility and is a question of fact which is inappropriate for summary judgment. Reversed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: April 25, 2024, Case #: 2023-CA-0707, Categories: property, contract
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: property, Settlements, contract
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J. Smith grants a buyer leave to amend breach of contract claims concerning the sale of real property because the buyer sufficiently claimed that the original contract was breached when the U.S. changed the closing date.
Court: Court of Federal Claims, Judge: Smith, Filed On: April 18, 2024, Case #: 23-1182, Categories: property, contract
J. Fitzwater finds that a tobacco store did not breach its lease for advertising CBD and other products because they are legal and commonly found in tobacco stores. But the store did breach its lease for selling bongs and pipes which are specifically prohibited in the terms of the contract. Summary judgment is granted to the tobacco store on the CBD claims, as well as to the property owner on the bong and pipe claims. The court grants the tobacco store leave to file an opposition response to summary judgment granted to the owner.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 17, 2024, Case #: 3:23cv781, NOS: Other Contract - Contract, Categories: property, 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. Stroud finds that the trial court improperly ruled for the homeowners' association in this dispute over fines assessed for chickens certain homeowners kept on their lot because the court misinterpreted language in the community covenant to exclude chickens as household pets. Reversed.
Court: North Carolina Court of Appeals, Judge: Stroud, Filed On: April 16, 2024, Case #: COA22-919, Categories: property, contract
J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: Family Law, property, contract
J. Gallagher finds that the trial court improperly dismissed this specific performance dispute brought by a lessor trying to purchase the leased property against a property company. The lessor argues the trial court erred based on the doctrine of lis alibi pendens when dismissing the complaint after the property company filed the motion for lack of subject-matter jurisdiction. This appeal had reasonable grounds for being filed. Therefore, the assignment of error is sustained, and this case is remanded for further proceedings. The lessor may recover the costs taxed and a special mandate is issued to the Cuyahoga County Court of Common Pleas to execute this judgment. Reversed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: April 4, 2024, Case #: 2024-Ohio-1284, Categories: property, Jurisdiction, contract
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: Evidence, property, contract
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that “this is a partial summary judgment... [which] does not address any other issue,” which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: Debt Collection, property, contract
J. Swan finds the trial court partially erred in its judgment awarding a one-half interest in a property to the ex-boyfriend in his dispute with the ex-girlfriend over ownership of the property they jointly purchased in 2001. The trial court's application of the evidence standard and challenged findings of fact are affirmed, but it improperly failed to complete its findings by not determining how much of the mortgage encumbers each of the ex-boyfriend and the ex-girlfriend's one-half interests. The trial court's judgment is partially affirmed and partially vacated, and the case is remanded only to determine how much of the ex-girlfriend's interest is encumbered by the mortgage. Affirmed in part.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: April 3, 2024, Case #: 2024 VI 18, Categories: property, contract
J. Worthen finds the trial court improperly concluded the brother breached a contract with his sister. The siblings inherited portions of their mother's property, along with her debts. They executed an agreement from which the sister sued for breach after she finished making payments on the debts and the brother failed to transfer her portion of the property. Although jury instructions provided a definition of “condition precedent,” no questions asked the jury to determine the fulfillment of the conditions. The brother could not have breached the contract had the sister not failed to pay the note, and there is no proof the note was paid in full. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 3, 2024, Case #: 12-23-00116-CV, Categories: property, Wills / Probate, contract
J. Kelly finds the court of appeals improperly ruled in favor of a timeshare resort in a premises liability case filed against it by a family that was injured in a deck collapse. The trial court granted the timeshare's motion for summary judgment, finding the family were trespassers under the law and were owed no duty of care because they were guests of the owners of the timeshare. Despite not being the owners of the timeshare, they still had a right to be present on the property. Therefore, the trial court erred in finding they were trespassers. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 3, 2024, Case #: 03-22-00498-CV, Categories: property, Premises Liability, contract
J. Pirtle finds the district court properly reversed the county court's dismissal of a contract action. The company that purchased the home alleges the seller took the gas range and dishwasher when she moved out in violation of the sale agreement. The sheriff's office served the seller, who is not a Nebraska resident, while she was still in Nebraska, and this instate service of process was sufficient to subject the seller to Nebraska jurisdiction. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 2, 2024, Case #: A-23-477, Categories: property, Jurisdiction, contract
J. Aiken grants the receiver's petition to void the deeds of trust that the multi-family real estate developer's managing partner issued regarding the homeowners association complaint, which alleges that the bank owes housing association fees on a property it assumed during the previous owner's bankruptcy proceedings. All evidence that suggests that the contractor, not some other entity, damaged the window is likely second-hand information and supposition, so the multi-family real estate developer and the unit owner do not prove that the contractor working for the homeowners association caused the damage.
Court: USDC Oregon, Judge: Aiken, Filed On: March 29, 2024, Case #: 6:16cv300, NOS: All Other Real Property - Real Property, Categories: property, contract
J. Nelson dismisses the investment firm's complaint alleging that the construction company did not repair the restaurant before its owner's insurance coverage ended, which was a key part of the contract. This complaint is barred because the investment firm amended its complaint with issues concerning who it was suing.
Court: USDC Oregon, Judge: Nelson, Filed On: March 28, 2024, Case #: 3:23cv1584, NOS: Other Contract - Contract, Categories: property, contract