9 results for 'cat:"Property" AND cat:"Enforcement Of Judgments"'.
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, property, enforcement Of Judgments
J. Walker reverses in part the lower court's order granting injunctive relief to the city for enforcement of a combined $198,150 fine against the construction company and its owner for building and fire code violations issued by the city's municipal court the previous August, and appointment of a special commissioner to oversee sale of the building the construction company used as a rental unit. While the judge did not abuse her discretion by granting the city's request for injunction for enforcement of the judgments, she erred by appointing the special commissioner to move forward with sale of the building without the issuance and return of a writ of fieri facias. Reversed in part.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker , Filed On: April 25, 2024, Case #: 22-0503, Categories: Municipal Law, property, enforcement Of Judgments
J. Jones finds that the trial court properly ruled against a property manager whose motion for joinder and a new trial was denied in a case arising from a tenant's lawsuit against their landlord for allegedly wrongfully withholding their security deposit. After the trial court ruled in favor of the tenant, the property manager filed his motions that were subsequently overruled. The judgment issued against the landlord is not also bound to the property manager. Therefore, he cannot seek relief for a judgment not issued against him. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: December 29, 2023, Case #: 03-21-00556-CV, Categories: Landlord Tenant, property, enforcement Of Judgments
J. Cabret finds the superior court improperly denied the citizen's post-judgment motion contesting the seizure of his truck by Virgin Islands Marshals in the course of seizing his relative's personal and real property assets after the entry of a $1.3 million judgment in the trust's favor. The superior court erred by allowing the seizure of the citizen's truck to satisfy the judgment, as the underlying judgment did not specifically allow it to be seized. On remand the superior court is ordered to grant the release of the truck. Reversed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: December 29, 2023, Case #: 2023 VI 17, Categories: property, enforcement Of Judgments
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J. Kobayashi refuses to vacate judgment in a property transfer dispute, finding that there was no error in transfer recipients’ voluntary dismissal nor in the subsequent granting of summary judgment against them, as they had not presented any argument prior that would have changed the results. A letter seeking attorney fees from the prevailing homeowner cannot be considered new evidence.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 3, 2023, Case #: 1:20cv270, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, property, enforcement Of Judgments
J. Melloy finds a lower court properly dismissed a property developer's civil rights claims for monetary losses it incurred as part of a County development. The property developer argued that it lost revenue due to the County's imposition of a stop- work order. However, the County planning commission presented sufficient evidence in court that the matter had already been settled in a judgment. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: August 15, 2023, Case #: 22-3025, Categories: Civil Rights, property, enforcement Of Judgments