83 results for 'cat:"Civil Procedure" AND cat:"Real Estate"'.
J. Goldstein finds that the lower court properly granted a temporary injunction against a church enjoining it from continuing with the construction of a building in a subdivision. The ruling was not an abuse of discretion, as the evidence sufficiently showed that the parties owned property in the subject subdivision and "that the properties in that subdivision were subject to the deed restrictions at issue." Further, the deed restriction indicates an intent for the subdivision to be a "uniformly residential development." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 5, 2023, Case #: 05-22-01092-CV, Categories: civil Procedure, real Estate
J. Quinn finds that the lower court properly dismissed the appellant's claims and entered a final summary judgment in this case concerning her attempt to acquire a certain piece of property. The lower court's decision to dismiss for want of prosecution was reasonable. Summary judgment was also appropriate on the appellant's breach of contract claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 1, 2023, Case #: 07-22-00314-CV, Categories: civil Procedure, real Estate, Contract
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J. McHaney finds that the lower court improperly granted the defendant's petition alleging that service of process using "drop service" in a real estate dispute was insufficient. This type of personal service can be acceptable in situations where the party to be served is unwilling to accept the paperwork. Vacated.
Court: Illinois Appellate Court, Judge: McHaney, Filed On: November 20, 2023, Case #: 220731, Categories: civil Procedure, real Estate
J. Breedlove denies the motion for rehearing but withdraws the previous opinion in this case and substitutes the current memorandum opinion, holding that the lower court properly authorized the sale of certain real property owned by an estate. The appellant seeks to set aside the conveyance, arguing that "Chapter 23A was the exclusive method for partitioning the property." However, the lower court did not err by proceeding under the Estates Code. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: October 31, 2023, Case #: 05-22-00673-CV, Categories: civil Procedure, real Estate, Wills / Probate
J. Breen partially grants the defendant insurance company's dismissal motion in this breach of contract lawsuit brought by a property owner whose properties were allegedly damaged by a tornado. The property owner's claim under the Unlawful Insurance Act does not apply to the insurer. Additionally, the company's dismissal motion regarding certain counts is converted to a motion for summary judgment, and the property owner will be given time "to file a rebuttal."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: October 12, 2023, Case #: 1:23cv1047, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, real Estate
J. Nowell finds that the lower court improperly granted a default judgment and a summary judgment in this lawsuit arising from a joint venture "to renovate and flip a residential property." The no-answer default judgment against the defendant company was inappropriate, as the manager attempted to answer on behalf of the company. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-22-01082-CV, Categories: civil Procedure, real Estate
J. Connors finds that the lower court improperly dismissed the putative taxpayer's lawsuit seeking a declaratory judgment that certain assessments were improper because "she does not have a taxable interest in the property." Her claims for declaratory relief and damages should have survived dismissal, as her issue could be pursued through either "the abatement process or a declaratory judgment action." Vacated.
Court: Maine Supreme Court, Judge: Connors, Filed On: October 3, 2023, Case #: 2023ME65, Categories: civil Procedure, real Estate, Tax
J. Sheehan finds the trial court erroneously granted the city of Cleveland's motion for summary judgment because the city of Brook Park's claims regarding Cleveland's failure to buy certain residential properties as part of its airport expansion project is based on the parties' development contract, not eminent domain proceedings; therefore, it is subject to and within the 10-year statute of limitations. Reversed.
Court: Ohio Court Of Appeals, Judge: Sheehan, Filed On: September 21, 2023, Case #: 2023-Ohio-3365, Categories: civil Procedure, real Estate, Contract
J. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Insurance, real Estate
J. Bailey finds that remand is appropriate in this case concerning "the interpretation of a 1924 deed." The Texas Supreme Court previously ruled in a separate case involving "mineral interests in the same property," and the court concludes that remand is proper in this case "for further consideration in light of the supreme court's decision." Vacated.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: September 14, 2023, Case #: 11-19-00196-CV, Categories: civil Procedure, Energy, real Estate
J. Trotter finds that remand is appropriate in this case concerning "the interpretation of a 1924 deed." A separate case involving "an identical dispute over mineral interests" was previously appealed to the Texas Supreme Court, and that case was remanded to the trial court for further proceedings. The lower court should have the chance to consider this dispute "in light of the supreme court's holding." Vacated.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: September 14, 2023, Case #: 11-19-00195-CV, Categories: civil Procedure, Energy, real Estate
J. Soto finds that a lower court properly ruled in a convoluted dispute over a "commercial real estate deal gone sour." Several parties in the case raised contract counterclaims in the dispute — but as they provide "no evidence to support any of their counterclaims," the lower court did not err in granting summary judgment against them.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: September 6, 2023, Case #: 08-22-00162-CV, Categories: civil Procedure, real Estate
J. Horton finds that the lower court properly issued a declaratory judgment but improperly entered an injunction in this dispute over a property owner's use of his oceanfront property for short-term rentals. The lower court correctly determined that the rentals "violated a deed restriction," specifically as to the provision prohibiting "trade or business." However, the injunction lacked the required specificity, and the matter must be remanded for further proceedings. Affirmed in part.
Court: Maine Supreme Court, Judge: Horton, Filed On: September 5, 2023, Case #: 2023ME62, Categories: civil Procedure, real Estate, Business Practices
J. Wright finds that the trial court properly ruled in favor of the developer that sought to enforce the buy-back agreement with the sellers of a property based on restrictions that prevented it from completing its proposed project. The evidence supports the finding that the sellers "were estopped from arguing the validity of the restrictions." Though, the award of damages for breach of contract is deleted since the developer had obtained judgment on its specific performance claim. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: August 30, 2023, Case #: 10-21-00309-CV, Categories: civil Procedure, real Estate, Contract
J. Silva finds that the lower court properly rendered summary judgment in favor of the appellee in this suit asserting nuisance claims, based on the alleged fumes coming from the appellee's shop. The appellee sufficiently showed that the claims are barred under the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 30, 2023, Case #: 13-22-00547-CV, Categories: civil Procedure, real Estate
J. Spain finds that the trial court improperly sided with a building owner that challenged the validity of an association's amendment to a condominium declaration that resulted in greater common-area expenses for the owner. The owner's declaratory-judgment claim was barred by the statute of limitations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 29, 2023, Case #: 14-22-00395-CV, Categories: civil Procedure, real Estate
J. Connors finds that the lower court properly entered summary judgment for the appellees in this dispute between neighbors over the right to trim a 100-year-old oak tree. The appellants contend that the lower court should have imposed a duty "to exercise reasonable care," as cutting the "leader" branch would likely injure the tree. However, the neighboring property owners can trim "any part of a non-boundary tree that encroaches onto their property, regardless of how their actions affect the tree." Affirmed.
Court: Maine Supreme Court, Judge: Connors, Filed On: August 29, 2023, Case #: 2023ME59, Categories: civil Procedure, real Estate
J. Hassan finds that the trial court improperly granted summary judgment on the claim that a couple's manufactured home violated the subdivision's deed restrictions. The evidence creates fact issues as to whether the couple's home meets the requirement to be of "new construction" and does not violate the ban on "moved in houses." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 24, 2023, Case #: 14-22-00842-CV, Categories: civil Procedure, Property, real Estate