330 results for 'cat:"Property" AND cat:"Contract"'.
J. Seybert adopts in part a magistrate judge’s report and preserves for trial claims for fraud, rescission and declaratory relief stemming from a home equity sharing agreement. The court agrees with objections filed by two associated entities and dismisses claims for contract rescission against them, finding the claims were premised on fraud allegations that were dismissed.
Court: USDC Eastern District of New York, Judge: Seybert, Filed On: March 20, 2024, Case #: 2:21cv4542, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, property, contract
J. Bishop finds the county court properly divided the unmarried couple's shared assets and debts. Though one party was required to pay the other $150,000 within 90 days and did not, the signed agreement includes the stipulation the payment be made upon the other's completion of the transfer of real estate and business asset interests, whichever is later. All aspects of the agreement were met and the party's motion for a finding of contempt is denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 19, 2024, Case #: A-23-160, Categories: Contempt, property, contract
J. Newey finds a lower court improperly dismissed a beneficial interest holder's motion on contract claims against a former domestic spouse. The interest holder's former spouse argued that he was entitled to a stake in the land. However, the interest holder sufficiently showed in court that her former spouse was convicted for money laundering and that she is entitled to a stay in proceedings until his criminal proceedings end. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 18, 2024, Case #: CA-2023-1133, Categories: property, contract
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Andrews finds a lower court properly dismissed a group of borrowers' contract claims against a lender. The borrowers, property developers, argued that the agreement with the lender to repay loans was unenforceable, and that they were entitled to an extension of time for repayment. However, the lender sufficiently showed in court that the loan agreements are enforceable given that they are regulated mortgage contracts. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews , Filed On: March 15, 2024, Case #: CA-2023-1285, Categories: property, Banking / Lending, contract
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J. Ervin-Knott finds that the trial court properly granted a property owner's petition for preliminary injunction preventing a development services company from entering the blighted property and doing construction work in an attempt to acquire the property. In this case, the owner presented undisputed evidence that it purchased the property in 2007 and maintained the property until the development services company initiated its attempt to obtain ownership of the property under La. R.S. 9:5633. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ervin-Knott, Filed On: March 15, 2024, Case #: 2023-CA-0612, Categories: property, contract
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: Insurance, property, contract
J. Hunt grants the suing boiler-leasing company’s motion to dismiss the defendant power plant operator’s counterclaims of fraud. The boiler company sued the plant operator after the plant operator returned one of its leased boilers in damaged condition; the operator in turn claimed the boiler was never in as good of condition as the boiler company claimed. The court finds the power plant operator has failed to sufficiently back up its fraud counterclaims, and dismisses them with prejudice.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: March 14, 2024, Case #: 1:21cv1353, NOS: Other Contract - Contract, Categories: Fraud, property, contract
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: Family Law, property, contract
J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: Family Law, property, contract
J. Lin dismisses a contract claim in the water product company's complaint alleging that the oil field equipment supplier did not pay what it owed under a distributor agreement and sold counterfeit versions of the water product company's project after the latter ended the agreement. The water product company terminated the agreement instead of affirming and enforcing it through a damages or relief lawsuit, and because the agreement ended, the oil field equipment supplier did not have a duty of non-competition.
Court: USDC Western District of Washington, Judge: Lin, Filed On: March 11, 2024, Case #: 2:23cv1317, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, contract
J. Johnson finds the trial court improperly granted the construction company's pretrial motion for summary judgment on the engineering firm's breach of contract claim. Summary judgment evidence submitted by the engineering firm - an email acknowledging a land-for-services provision could not go forward - created genuine issues of material fact on whether an agreement existed. Reversed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: March 7, 2024, Case #: 09-22-00120-CV, Categories: Construction, property, contract
J. Garry finds that the lower court properly granted a homeowners' association dismissal of objections to an assessment for replacing a deteriorated harbor without a vote from association members because opting for a per-unit charge was within the association's purview, as the bylaws specifically allow for maintenance assessments to pay for harbor repair and replacement. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: March 7, 2024, Case #: CV-22-2334, Categories: property, contract
J. Harrison finds the circuit court properly entered judgment in favor of the sellers of the country market. The sellers entered into an agreement to sell the market to the daughter of the original owners. The agreement included that the daughter would assume all debts upon purchase. The daughter closed the store after purchasing it and refused to pay the debts, leaving vendors to seek payment from the sellers. Though the daughter argued the jury’s damages award was based on a list of unpaid debts, requiring the jury to speculate, the amounts were certain and not based on speculation. The jury is allowed to assess witness credibility and substantial evidence supports the award of damages. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Harrison , Filed On: March 6, 2024, Case #: CV-23-248, Categories: Debt Collection, property, contract
J. Bishop finds the county court properly divided the marital property in this divorce decree. Though child and cat custody are not at issue, the particular child support and alimony orders are proper due to the ex-husband's extensive travel for work. The ex-wife was almost exclusively responsible for the children's needs, activities and doctor appointments, as well as maintaining the household. The ex-wife also had the more consistent possession of the marital home, which was properly awarded to her. The ex-husband's severance pay was improperly divided, as it is correctly construed as replacing lost future wages. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 5, 2024, Case #: A-23-040, Categories: Family Law, property, contract
J. Grasz finds a lower court properly granted an insurance company's motion for summary judgment concerning coverage claims brought by a warehouse. The warehouse operator argued that its policy with the insurance company covers property damage liability for the collapse of a building during a deadly tornado. However, the insurance company sufficiently showed in court that it is not obligated to cover damages given that Amazon is the actual owner of the facility. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 23-1450, Categories: Insurance, property, contract
J. Virden finds the county court properly determined the trust acquired a tract of land by adverse possession and acquiescence. The disputed land on the boundary between lots owned by the competing trusts has been maintained and used by the one trust for decades. This maintenance has been variously done be the lessee of a portion of the land as well as by owner family members. Businesses have also paid rent to the trust for billboards erected on the disputed tract. No clear error is found in the court's decision that the trust proved acquisition, and the parties’ conduct demonstrates an implied agreement. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden, Filed On: February 28, 2024, Case #: CV-22-532, Categories: property, contract
J. Hunter finds that the trial court properly determined that a store owner lacked authority to construct a driveway across a farm property. In this case, the property where the driveway is located is subject to a utility servitude and, therefore, it cannot to be used as a right of way onto the servient estate. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hunter, Filed On: February 28, 2024, Case #: 55,417-CA, Categories: property, contract
J. Rice finds that the district court properly concluded that a title company was not contractually liable to provide title insurance based on pro forma documents it created showing that it would issue title insurance on the subject properties. The documents expressly instructed that insurance would be issued only after further requirements were met. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 27, 2024, Case #: DA 22-0486, Categories: Insurance, property, contract
J. Herndon finds the trial court properly determined the purchaser of a herd of buffalo breached the contract. The purchaser, on a handshake deal, agreed to pay a business partner a finder's fee for buffalo recently purchased. After final orders were delivered to the purchaser, the partner received no follow-up communication. The record contains substantial evidence of actions the partner undertook to earn the commission. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 27, 2024, Case #: 84617, Categories: property, contract
J. Baker grants the relators' petition for writ of mandamus allowing them to designate the apartment builder's engineers, real estate attorneys and contractors as responsible third parties in underlying litigation from a sale of real property. The trial court did not have the discretion to deny a timely filed motion to designate.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: February 23, 2024, Case #: 03-23-00307-CV, Categories: property, contract
J. Edison finds for a lender on its counterclaims for breach of contract and foreclosure. The borrower is in default of her loan, as she has failed to make a payment in seven years, and the lender has provided the required notices of default.
Court: USDC Southern District of Texas, Judge: Edison , Filed On: February 20, 2024, Case #: 3:22cv172, NOS: Foreclosure - Real Property, Categories: property, Banking / Lending, contract
J. Alley finds a lower court did not err in granting summary judgment to a title company that sued a seller to recoup expenses after it said the seller sold a property without paying off an existing lien. On appeal, the seller has disputed an affidavit from the president of the title company describing how it resolved that lien, but this is “the first time” the seller has raised this issue and he did not adequately preserve error for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 20, 2024, Case #: 08-23-00135-CV, Categories: property, Real Estate, contract
J. Armistead denies the boyfriend summary judgment against the girlfriend's complaint that the boyfriend did not pay her $400,000 after he broke the infidelity provision of their domestic partner agreement. The agreement does not prohibit the boyfriend from cheating, but the agreement states that the property is divisible if the boyfriend cheats and the relationship dissolves.
Court: USDC Oregon, Judge: Armistead, Filed On: February 16, 2024, Case #: 3:23cv459, NOS: Other Contract - Contract, Categories: property, contract