83 results for 'cat:"Civil Procedure" AND cat:"Real Estate"'.
J. Hanson dismisses the appeal in this dispute between property owners involving a roadway that allegedly separates the parties' properties. The contempt judgment at issue is void, as the appellee failed to properly adhere to certain precedents before seeking a judgment of contempt against the appellant. The court notes that the dismissal is without prejudice, however.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 3, 2024, Case #: CL-2023-0421, Categories: civil Procedure, Contempt, real Estate
J. Bailey finds that the lower court properly denied the appellant's motion to recuse the judge based on an allegation of partiality in this eviction proceeding. The judge dismissed the appellant's counterclaim petition "the day after it was filed." It may have been improper to rule on the dismissal motion "without notice or hearing," but the ruling was "not a result of prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00127-CV, Categories: civil Procedure, real Estate
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[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, based on improper venue.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:23cv227, NOS: All Other Real Property - Real Property, Categories: civil Procedure, real Estate, Venue
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: civil Procedure, real Estate, Venue
J. Goldstein finds that the lower court properly ruled for the appellee in this forcible detainer action. Contrary to the appellant's argument, the lower court did not err by denying his request to abate the proceeding. Also, the "title and possession issues were not inextricably intertwined." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 1, 2024, Case #: 05-23-00075-CV, Categories: civil Procedure, real Estate
J. Bokor finds the trial court partially erred by vacating a default judgment in the citizen's favor and denying the real estate company owner's cross-appeal of the denial of his motion to quash service of process. The portion of the trial court's order regarding the owner's challenge to service stands, as he has not brought evidence countering the record's showing that a process server personally served him at his company's Miami address. However, there is no support for the trial court's finding of excusable neglect regarding the owner's failure to timely respond to the lawsuit, so that portion of the trial court's order is reversed. The case is remanded for the trial court to re-enter the default judgment. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: February 21, 2024, Case #: 23-1026, Categories: civil Procedure, real Estate
J. Molberg finds that the lower court improperly granted the appellees' rule 91a dismissal motion in this declaratory judgment action concerning a conservation easement assessment agreement. The appellant argued that it was not obligated to pay a certain private transfer fee, and the court agrees that the action has "a basis in law and fact." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 20, 2024, Case #: 05-22-00842-CV, Categories: civil Procedure, real Estate
J. Nowell finds that the lower court improperly granted partial summary judgment to the trust in this family partnership dispute, regarding the heirs' claims "for judicial declarations that they are general partners" in the trust partnership. Accordingly, that part of the judgment must be remanded for further proceedings. The court also finds that the heirs failed to show "lost profit damages with reasonable certainty" and will vacate that paragraph of the final judgment. The judgment is otherwise modified and affirmed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 9, 2024, Case #: 05-22-00445-CV, Categories: civil Procedure, real Estate, Trusts
J. Fowlkes dismisses this lawsuit regarding an alleged public nuisance with prejudice, based on the pro se plaintiff's failure to state a claim. The pro se plaintiff is entitled to represent herself, but she cannot represent any organizations, as she is not an attorney. Also, she lacks standing to assert her substantive claims, as she does not have an interest in the property.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: February 9, 2024, Case #: 2:23cv2436, NOS: Other Contract - Contract, Categories: civil Procedure, real Estate
J. Miskel finds that the lower court improperly granted summary judgment to the appellee in this suit to quiet title. The case concerned the appellant's "claim to an easement for use of an airstrip." The appellee failed to show that it is entitled to judgment on each element of its suit. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 5, 2024, Case #: 05-22-00765-CV, Categories: civil Procedure, real Estate
J. Doss finds that the lower court improperly entered a take-nothing judgment in favor of the appellees in this breach of contract lawsuit concerning a foreclosure sale held at a county courthouse. The court concludes that an issue of fact regarding the time to tender payment "precludes disposition as a matter of law" and that the matter should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 2, 2024, Case #: 07-23-00064-CV, Categories: civil Procedure, real Estate
J. Stanfill finds that the lower court improperly set aside a partial settlement agreement in this partition case dividing certain real property. The court concludes that the settlement agreement at issue "was valid and enforceable." Accordingly, the matter is remanded "to determine the meaning of the agreement and partition the property accordingly." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: January 31, 2024, Case #: 2024ME14, Categories: civil Procedure, real Estate
J. Jabar finds that the lower court improperly ordered the discharge of a mortgage. The right-to-cure notice was defective, but there was not a counterclaim for declaratory judgment. Accordingly, the lower court erred "by declaring the effect of its judgment." Vacated in part.
Court: Maine Supreme Court, Judge: Jabar, Filed On: January 30, 2024, Case #: 2024ME13, Categories: civil Procedure, real Estate
J. Welbaum finds the joint property owner was able to bring a contract action against his partner despite no formal accounting of the parties' joint venture. Under Ohio law, a simplistic venture like the one at issue here, which involved a single real estate transaction, does not require accounting procedures before litigation. Meanwhile, a previous judgment against the partner precluded him from bringing claims related to a "quit letter" against the property owner because that issue had already been decided and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: January 5, 2024, Case #: 2024-Ohio-24, Categories: civil Procedure, real Estate, Contract
J. Molberg finds that the lower court improperly entered a certain declaration in this dispute involving a retaining wall and the parties' responsibilities "regarding the wall's repair and maintenance." Specifically, the lower court erred in granting judgment on the property owners' fifth requested declaration, as it "constitutes an advisory opinion." The homeowners association had not allocated the retaining wall to the property owners' lots "as a limited common area." Vacated in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 2, 2024, Case #: 05-22-00198-CV, Categories: civil Procedure, real Estate
J. Pedersen finds that the lower court properly denied the appellant's request for enforcement of the property division in a divorce decree, in which he specifically sought the conveyance of certain real property after the appellee allegedly failed to build a home there. Contrary to the appellant's argument on appeal, the build provision in the divorce decree is not ambiguous. Also, any conflict regarding "whether the decree conveys to appellee a fee simple absolute in the land or a fee simple determinable" is immaterial to the order denying his requested relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 22, 2023, Case #: 05-22-00137-CV, Categories: civil Procedure, Family Law, real Estate
J. Bailey finds that the lower court improperly rendered a take-nothing judgment against the appellant company on its claims. The court concludes that a certain agreement conveyed an ownership interest to the company, which was sufficient to enable it "to bring an action to quiet title and a suit for an accounting." Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-22-00124-CV, Categories: civil Procedure, real Estate