330 results for 'cat:"Property" AND cat:"Contract"'.
J. Méndez-Miró grants the corporate petroleum franchisor's motion for default judgment. The franchisor is the lessee and sub-lessor of the parcel of land and gasoline service station for which it is exclusively authorized and licensed to use the TOTAL gasoline products brand. The franchisee and owner of the land on which the gas station sits claims entitlement to operate pursuant to a purported lease executed without the franchisor's consent, transferring its rights and obligations to a third party. The franchisor never consented to the transfer, and the transferee's use of its brand logos is an infringement. The transferee has also failed to operate the gas station, and this constitutes dilution by tarnishment.
Court: USDC Puerto Rico, Judge: Méndez-Miró, Filed On: May 16, 2024, Case #: 3:19cv1935, NOS: Trademark - Property Rights, Categories: property, Trademark, contract
J. Bokor finds the trial court improperly granted summary judgment to the lessee in a dispute with a neighboring property owner over a public-private agreement they entered with the city to redevelop a waterfront area in Miami, and a previous opinion in this case is withdrawn and replaced. Because genuine issues of fact exist as to whether the lessee was entitled to make improvements to a public roadway on the owner's property and whether the lessee made false representations to get the owner to sign one of the relevant contracts, summary judgment should not have been granted, particularly as pertains to the owner's fraud claims. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 15, 2024, Case #: 21-0806, Categories: Fraud, property, contract
J. Pratter grants a property seller’s motion to dismiss a buyer’s conspiracy suit for failure to establish a conspiracy claim in a property transfer dispute. The matter at hand involves just a $2,000 sum, so this is a matter for a state court, not this federal court.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: May 15, 2024, Case #: 2:23cv1188, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: property, Jurisdiction, contract
J. Cabret finds the superior court erred in its judgment in a dispute between a property owner and a former tenant over a land contract for the purchase of multiple plots on the owner's property. With its order for a judgment of $283,945 in favor of the property owner, the superior court improperly reduced the owner's damages based on the premise that she violated the parties' 2011 agreement, including by the manner in which she collected rent payments from a different tenant. The owner is entitled to collect the entirety of the debt the former tenant owes, so the portions of the superior court's judgment finding in the tenant's favor on his counterclaims is reversed and the matter is remanded to calculate the owner's total damages. Reversed in part.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: May 10, 2024, Case #: 2024 VI 22, Categories: Landlord Tenant, property, contract
J. Jenkins finds that the trial court properly found the city 90 percent at fault, and a construction company ten percent at fault, for the wrongful demotion of a property. After the city issued a notice of emergency demolition of the property and contracted with the construction company for demolition, it instructed the construction company to put the property on a "Do Not Demolish" list. However, the city's demolition coordinator and deputy director of code enforcement kept separate “Do Not Demolish” lists, and the deputy director of code enforcement failed to inform the construction company that the property should not be demolished after being texted that the construction company was at the property. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: May 10, 2024, Case #: 2023-CA-0659, Categories: property, contract
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J. Perret finds that the trial court improperly dismissed the homeowners' claims alleging that the pest control company did not treat the homeowners' property multiple times, leading to a Formosan termite infestation. The trial court erred in dismissing this case as abandoned, because there is evidence to suggest that the homeowners' counsel sent an email about several deficiencies they were concerned about regarding the pest control company's discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Perret, Filed On: May 8, 2024, Case #: CA-23-772, Categories: property, Discovery, contract
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
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
J. Tunheim partially grants the mobile home park buyer's motion for summary judgment in its suit against the seller. While fact disputes remain as to the terms of the parties' contract, the seller's counterclaims for breach of good faith and fair dealing and breach of contract fail as a matter of law.
Court: USDC Minnesota, Judge: Tunheim, Filed On: April 30, 2024, Case #: 0:23cv1559, NOS: Other Contract - Contract, Categories: property, contract
J. Penzato finds that the trial court improperly denied a motion to annul an order dismissing a contract dispute involving the sale of a property. The record does not show that the buyer was served notice of the hearing for the motion to dismiss. Reversed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: April 30, 2024, Case #: 2023CA0911, Categories: property, contract
J. Arterburn finds the county court properly granted specific performance as to the original property owner's right of first refusal. The original owner sold property to their farming employee, executing a promissory note for payment of $37,000 over eight years. A trust deed provided the purchaser would get the owner's consent if he meant to sell the property before paying it off. A warranty deed also gave the seller right of first refusal. The original owner was not provided with sufficient notice of the sale. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn , Filed On: April 30, 2024, Case #: A-23-165, Categories: property, Banking / Lending, contract
J. Riedmann finds the district court properly found for the romantic partner who received funds from her partner to purchase and remodel her home. The lender signed a form stating he did not expect repayment and he voluntarily sent the funds with no discussion of repayment. The doctrine of unjust enrichment does not require a homeowner to repay funds just because the relationship has ended. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 30, 2024, Case #: A-23-515, Categories: Fraud, property, contract
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: Family Law, property, contract
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: property, contract, Injunction
[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
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