330 results for 'cat:"Property" AND cat:"Contract"'.
J. Horan denies a roofing company's motion for summary judgment on a property owner's warranty-related claims. The property owner has validly assigned the previous property owner's claims and, thus, has standing to file the action.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: February 16, 2024, Case #: 3:21cv2607, NOS: Other Contract - Contract, Categories: property, Warranty, contract
J. Estudillo compels arbitration in the port's lawsuit seeking the enforcement of the arbitration award ordering the railway company to discontinue bringing unauthorized cars onto the port's property. Among other reasons, the arbitration is ambiguous because the panel's expectations and suggestions on what the railway company could do is not the same as concrete instructions, so judicial interpretation is inappropriate at this time.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 15, 2024, Case #: 3:23cv5560, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: Arbitration, property, contract
J. Murphy finds the trial court improperly found the land surveyor breached a contract with the owner. The owner, who uses his land as a hunting club, sought the surveyor's services for a cabin construction project, then brought suit against the surveyor alleging he was inadvertently paid an inflated sum for work that was not performed. A preponderance of the evidence establishes the agreed work was something other than what the owner meant to have done. There is no evidence of a specific promise that was breached. Reversed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: February 14, 2024, Case #: CV-22-554, Categories: Construction, property, contract
J. Stearns grants in part a moving subcontractor’s motion to dismiss claims brought against it by a couple, after the subcontractor refused to return items it picked up from the couple’s house or pickup additional items because it hadn’t been paid properly. The claims which allege the subcontractor damaged the couple’s belongings are preempted by the Carmack Amendment to the Interstate Commerce Act.
Court: USDC Massachusetts, Judge: Stearns, Filed On: February 13, 2024, Case #: 1:22cv10767, NOS: Other Contract - Contract, Categories: Commerce, property, contract
J. Bishop finds the county court properly denied the property owner's complaint in a real estate dispute. The parties made an even, cashless trade of manufactured homes, one of which had an attached garage that was not part of the trade. The owner of the garage provided a purchase option, then, 9 months later, attempted to remove the garage after the other party, considering it abandoned, had begun using it. A text message shows the party in possession declined to purchase the garage, asking that it be removed. The owner did not reply to the message before eventually suing for the purchase price plus rent. Evidence of other property purchases indicated the owner had no intent to exercise rights of ownership. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 13, 2024, Case #: A-22-880, Categories: Evidence, property, contract
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J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: Family Law, property, contract
J. Redford finds for the seller of a student housing complex in claims contending the seller misrepresented the physical and financial condition of the property because the buyer had been provided, but chose to ignore, documentation regarding the physical condition of the property and its financial status prior to purchase. Affirmed.
Court: Michigan Court of Appeals, Judge: Redford, Filed On: February 8, 2024, Case #: 361299, Categories: Fraud, property, contract
J. Kelly finds the trial court properly dismissed the previous owner's breach of contract claims against the current owner, alleging that his decision to sell the property to a developer violated the purchase agreement transferring the property. On appeal, the previous owner argues that his oral agreement with the current owner made clear that the property could not be sold before the balance of a 10-year loan was paid off. Contrary to the alleged oral agreement, a promissory note unambiguously reflects a possibility of the sale of the property before the loan is paid off and any penalties that may be incurred were the current owner to decide to sell the property. The existence of such an agreement negates the previous owner's claims of fraud, thus justifying the trial court's dismissal of his claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: February 7, 2024, Case #: 03-22-00399-CV, Categories: property, Tort, contract
J. Ortego finds that the trial court improperly denied the creditor's motion to confirm default judgment after it sought to rescind a contract relating to the credit sale of property. The trial court lacked the power to dismiss the creditor's action "on its own motion." Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: February 7, 2024, Case #: CA-23-464, Categories: Fraud, property, contract
J. Wise finds that the trial court properly sided with the insurance companies in a dispute with a college over the lack of coverage for its losses allegedly resulting from Covid-19. The losses fall under the scope of the policy's exclusion, which identifies "virus" as a "pollutant or contaminant" that is not covered. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00145-CV, Categories: Insurance, property, contract
J. Rambin finds that the trial court properly ruled in favor of the decedent's son and his wife in a dispute with the decedent's widow regarding ownership of a 304-acre ranch. The widow's issues with the jury questions lack merit, and there was no abuse of discretion in limiting her voir dire inquiry. Affirmed.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: February 6, 2024, Case #: 06-22-00082-CV, Categories: Jury, property, contract
J. Ellison denies, in part, a bank's motion to dismiss a borrower's foreclosure-related action. He sufficiently alleges his claims for breach of post-foreclosure contract, fraud by nondisclosure and promissory estoppel.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: February 5, 2024, Case #: 4:23cv1092, NOS: All Other Real Property - Real Property, Categories: property, Banking / Lending, contract
J. Rosenthal denies, in part, an insurer's motion to dismiss a homeowner's claims arising from a coverage dispute for storm-related damage. The homeowner sufficiently alleges his breach of contract claim and a claim related to an allegedly unexplained incomplete payment made by the insurer.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv1897 , NOS: Insurance - Contract, Categories: Insurance, property, contract
[Consolidated.] J. Brown finds that the trial court should not have denied an original property owner's petition to annul the quitclaim deed on grounds of fraud and ill practice. In this case, there is no dispute that the signature of the original owner's mother affixed to the quitclaim deed was a forgery. Since the owner alleged that the quitclaim deed that purported to transfer the property to the person who transferred it the new deed holder was a forgery and not in authentic form, the deed holder could not attain any rights to the property by virtue of the recorded quitclaim deed. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: February 5, 2024, Case #: 2023-CA-0460, Categories: property, contract
J. Dever denies a homeowner couple’s motion for summary judgment after Hurricane Florence damaged their house, causing water damage that a contractor valued over $240,000. State Farm covered only $66,000 of their claim because the existence of vapor barriers within the walls could have caused further damage after the hurricane ended, which State Farm claims its policy does not cover. The couple argues the policy should cover all damage including that sustained as a result of the vapor barriers, thus, there is an unresolved issue of material facts.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 2, 2024, Case #: 4:21cv146, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Kruger holds that the appeals court must revisit its rejection of the trial court's conclusion that an implied easement had been established over an eight-foot-wide strip of land. Though not favored by the law, an exclusive implied easement is recognized if it was the clear intent of the parties to the underlying land transaction. The appeals court must examine whether substantial evidence supports a finding that the long-term use of the strip by neighbors and their predecessors for a planter, wall and driveway established an intent to create an easement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 1, 2024, Case #: S275023, Categories: Evidence, property, contract
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Spain finds that the trial court improperly ruled that the contingent-payment clause in the subcontractor's agreement was enforceable. The contingent-payment clause was unconscionable and "one-sided" since the subcontractor was not given complete information about the project or parties involved. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 25, 2024, Case #: 14-22-00219-CV, Categories: property, contract
J. Buller finds that a restaurant was properly ordered to pay on a lease after vacating the space prior to termination based on the restaurant's admission that it broke the lease. However, the restaurant is not responsible for property damages sought by the plaza because the restaurant had been renovating the space for its next tenant. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1822, Categories: property, contract
J. Dawson grants Fidelity's motion to dismiss this title insurance policy dispute after a lender submitted a title insurance claim, which was denied. Fidelity title group asserts no control over Fidelity title insurance, and the lender has not established jurisdiction over the title group.
Court: USDC Nevada, Judge: Dawson , Filed On: January 19, 2024, Case #: 2:20cv1955, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: Family Law, property, contract
J. Stegner finds that the trial court properly dismissed a homeowners' association's contract claims against property owners over allegedly unpaid assessments since the association failed to show they had violated its covenants, conditions and restrictions. On remand, the trial court must revisit its partial award of attorney fees to the association. Attorney fees may be awarded to a non-prevailing party if the party is entitled to them under a contractual provision and the party prevailed on a discrete contractual claim. Reversed in part. Vacated in part.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: January 12, 2024, Case #: 49371, Categories: property, Attorney Fees, contract
J. Thompson reverses, in part, the lower court's finding for a condo association and others on a condo owner's contract claims. There are questions of fact as to when his claims accrued and which party is responsible for remediation of issues within his condo. Reversed in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: January 11, 2024, Case #: 22-CV-0644 , Categories: property, contract
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: Family Law, property, contract