83 results for 'cat:"Civil Procedure" AND cat:"Real Estate"'.
J. Quinn finds that the lower court improperly granted summary judgment to Tax Loans USA in this suit to foreclose a tax lien. There was a fact issue related to "the amount due and for which USA may recover through the foreclosure of the lien." The remainder of the judgment is due to be affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 24, 2023, Case #: 07-22-00130-CV, Categories: civil Procedure, real Estate, Tax
J. Yarbrough finds that the lower court improperly rendered summary judgment against the appellants as to their declaratory judgment request regarding certain claimed easements and the appellees' right to erect fences or other obstructions over the easements. There are fact issues precluding summary judgment, so the cause should be remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 22, 2023, Case #: 07-22-00351-CV, Categories: civil Procedure, real Estate
J. Stanfill finds that the lower court's judgment must be vacated and the matter remanded back to the Portland Planning Board for findings of fact, in this case concerning the proposed construction of a multi-unit residential building. The board's findings were "insufficient to enable meaningful appellate review." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: August 22, 2023, Case #: 2023ME57, Categories: civil Procedure, real Estate
J. Oliver finds that the district court improperly dismissed a borrower's claim that a lender's attempt to foreclose on his property was barred by the statute of limitations. The suit named as the defendant an entity that was an internal asset designation used by Bank of America, but the motion for summary judgment was filed by Bank of America, which was not a named defendant and was never a party to the case. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: August 17, 2023, Case #: 20210409-CA, Categories: civil Procedure, real Estate, Banking / Lending
J. Lawrence dismisses the appeal in this case involving different condominium unit owners as interlocutory. The appellant condominium owners appeal certain orders of the Business and Consumer Docket, but "the orders did not dispose of all claims against all defendants."
Court: Maine Supreme Court, Judge: Lawrence, Filed On: August 10, 2023, Case #: 2023ME46, Categories: civil Procedure, real Estate
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J. Yarbrough finds that the lower court properly granted a temporary injunction in favor of the appellees in this business dispute concerning the operation of a grow yard, which involves the "feeding and stabling of cattle." The injunction at issue enjoined the appellants from foreclosing on a deed of trust, pending the outcome of an arbitration proceeding. The appellees had standing to request the injunction, as the application was filed on behalf of the cattle company. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: August 8, 2023, Case #: 07-23-00047-CV, Categories: civil Procedure, real Estate, Business Practices
J. Bailey finds that the lower court improperly entered a final judgment and second partition decree in this partition case concerning certain land owned by the parties. Specifically, as to the second phase of the proceedings, it was erroneous to determine that the appellant's objections to the commissioners' report were untimely, as the file mark on the report showed the wrong date. Accordingly, he is entitled to a trial on his objections to the report. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-22-00054-CV, Categories: civil Procedure, real Estate
J. Fisher finds that the lower court properly granted a property owner's request to strike a jury demand by a buyer who fell behind on payments in a land contract. Because the parties opted for a termination agreement over eviction, the buyer waived her right to a jury trial by joining legal and equitable causes of action arising from the same transaction. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: August 3, 2023, Case #: 535692, Categories: civil Procedure, real Estate, Contract
J. Molberg finds that the lower court properly ruled in favor of the appellee in this case alleging a breach of fiduciary duty in connection with a "disputed real estate transaction." The appellant "failed to request the reporter's record," so his sufficiency challenges must fail. Also, the lower court did not err in its legal conclusion that the appellant owed a fiduciary duty to the decedent. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 31, 2023, Case #: 05-21-00245-CV, Categories: civil Procedure, real Estate, Fiduciary Duty
J. Suarez finds the trial court properly denied the borrowers' motion for reconsideration because their argument regarding the amount owed on the foreclosed mortgage was not made in either of the bank's initial motions for summary judgment, but was only made after judgments had been entered against them. Therefore, the alleged discrepancy in the loan amount did not constitute a "rare and exceptional circumstance" that would require the judgment to be vacated. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: July 28, 2023, Case #: AC45473, Categories: civil Procedure, real Estate, Banking / Lending
J. Bailey finds that the lower court properly granted summary judgment to the trustee and estate defendants in this lawsuit seeking to set aside a real estate conveyance. The lower court did not abuse its discretion by denying certain motions, which sought to continue the summary judgment hearing and to compel a deposition prior to the summary judgment hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: July 20, 2023, Case #: 11-21-00133-CV, Categories: civil Procedure, real Estate
J. Stanfill finds that the lower court improperly dismissed the bank's complaint for foreclosure following a bench trial. The debtor or debtor's estate was not a necessary party to the action. When the foreclosure does not involve a claim for a deficiency judgment, "any mortgagor or successor in interest is a necessary party but a deceased debtor is not." Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: July 18, 2023, Case #: 2023ME38, Categories: civil Procedure, real Estate, Foreclosure
J. Byrne finds the lower court erroneously granted the developers' motion for summary judgment on all of the homeowner's trespass and negligence claims. An affidavit submitted by his expert witness about the movement of dirt contributing to water intrusion issues at the property was sufficient to support at least some of the claims. Although the court correctly ruled the claims related to the initial construction of the development were barred either by the statute of limitations or the statute of repose, the movement of the dirt occurred within four years of the lawsuit and, therefore, is not time-barred. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: July 17, 2023, Case #: 2023-Ohio-2439, Categories: civil Procedure, Construction, real Estate
J. Perry finds that the trial court improperly sustained the property owners' exception of no right of action and dismissed the subdivision residents' nuisance suit over dirt dumping that raised a lot, diverted water flow and violated neighborhood covenants. The residents have a right of action and "clearly belong to the class of persons that has a legal interest in the subject matter of the litigation." Reversed.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: June 28, 2023, Case #: CA-22-690, Categories: civil Procedure, Property, real Estate
J. Carlyle finds that the lower court properly entered a default judgment in favor of the appellee company in this lawsuit asserting claims for breach of contract and judicial foreclosure. The appellant company does not argue that the petition "failed to adequately plead" the claims, and it has not shown "error apparent on the face of the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 26, 2023, Case #: 05-22-00149-CV, Categories: civil Procedure, real Estate, Contract
J. Huddle finds the court of appeals improperly ruled against a real estate developer in a negligence suit filed by a firm. In 2018, after the suit was dismissed, the firm went on to refile its suit against the developer, asserting that the statute of limitations had paused while it corrected defects in its legal case. The court of appeals ruled against the developer’s motion for summary judgment and assertion that the statute of limitations had expired on the case. The firm’s defect in its original suit was not one that allowed for the limitations to be paused, therefore their time to re-litigate the case has passed. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: June 16, 2023, Case #: 21-0797, Categories: civil Procedure, real Estate
J. Miskel finds that the lower court properly rendered a default judgment in favor of the realty company in this forcible detainer action. Contrary to the holdover tenant's arguments, the lower court had subject matter jurisdiction, and the evidence sufficiently supports the ruling. The tenant failed to plead "any dispute involving title to real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: June 7, 2023, Case #: 05-21-00860-CV, Categories: civil Procedure, real Estate, Jurisdiction
J. McClendon finds that the trial court properly dismissed the claims in a dispute between a property owner and homeowners association involving alleged violations of landscape maintenance requirements. The property owner's claims challenging certain amendments to the subdivision declaration are either prescribed or lack merit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: McClendon, Filed On: May 24, 2023, Case #: 2022CA0936, Categories: civil Procedure, Property, real Estate