330 results for 'cat:"Property" AND cat:"Contract"'.
J. Thompson finds that the trial court properly determined that a sublessee fully satisfied its rental obligation by placing the correct portion of rent in the court registry. The sublessee's rental obligation was satisfied by the payment of one third of the amount due under the master leases since the owner of the land leased the property and the three structures on the property to the lessee, who in turn subleased one of the structures to the sublessee to be used as a bar. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Thompson , Filed On: January 10, 2024, Case #: 55,403-CA, Categories: property, contract
J. Mitchell finds the trial court properly granted the trust's motion for summary judgment. The court quieted title to the land in favor the trust in this suit involving conflicting claims of ownership. Though the party in possession of the land had resided at and improved the property, the owner later executed a warranty deed in favor of the trust, which then recorded this in the land records. Applicable law clearly states that possession does not confer title. Title belongs to the first to file of record. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Mitchell , Filed On: January 4, 2024, Case #: 121212, Categories: Administrative Law, property, contract
J. Horan denies a trustee's motion for summary judgment in its foreclosure case against the homeowners due, in part, to inconsistencies in the payment transaction history.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: December 29, 2023, Case #: 3:23cv237, NOS: Foreclosure - Real Property, Categories: property, Banking / Lending, contract
J. Zilly grants the insureds summary judgment for their claim that the insurance company cannot rely on the vandalism exclusion in the insurance policy to deny the insureds losses from theft of "fixtures, utilities, appurtenances, systems and furnishings." The insurance company asserts that the policy's vandalism exclusion applies because the property was vacant for over 30 consecutive days before the loss, but it offers no basis for why it can deny coverage for any personal property, which includes the washer, dryer and other stand-alone appliances.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 28, 2023, Case #: 2:22cv1174, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Bowman finds that the lower court properly dispersed funds from an eminent domain transaction. The property that was condemned included a cell tower, leading a series of telecommunications companies to claim leasehold interest over some of the $16 million fund given as a compensation for the property. The lower court used all of the proper metrics and data points to distribute the funds among the numerous parties fairly and there is no evidence their procedures were an abuse of discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Bowman, Filed On: December 27, 2023, Case #: 84466-1-I, Categories: property, contract
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J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: Family Law, property, contract
J. McMurdie finds a lower court improperly dismissed negligent misrepresentation claims brought by a housing developer against the City of Phoenix. The City argued that it was not obligated to turn over certain zoning records and land use restriction information. However, the housing developer sufficiently showed in court that the City sold him un- developable land without disclosure. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: McMurdie, Filed On: December 21, 2023, Case #: 1 CA-CV 23-114, Categories: property, Zoning, contract
J. Dysart finds that the trial court properly granted a creditor's exception of no cause of action on a property owner's nullity petition related to his property being sold at a sheriff's sale after he defaulted on the mortgage. In this case, the creditor was not the adjudicatee at the sheriff’s sale and has never been in possession of the property. Therefore, the property owner was not entitled to file a lawsuit to nullify the sale of the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: December 20, 2023, Case #: 2023-CA-0263, Categories: property, contract
[Consolidated.] J. Jenkins finds that the trial court should not have found for an oil company on property owner heirs' claims that the oil company improperly disposed of hazardous substances on their property and concealed information of the contamination on the basis that BP's predecessors ceased their activities on the property by 1968, which was prior to the heirs acquiring the property. It was error to determine that the subsequent purchaser doctrine applied to the exchange of property because the transaction was an exchange and not a sale. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 20, 2023, Case #: 2023-CA-0212, Categories: Civil Procedure, property, contract
J. Pittman dismisses a couple's pro se foreclosure-related action against a lender. The couple fails to sufficiently allege their claims for slander of title and credit, nor can they support their breach of contract claim, as they have admitted default.
Court: USDC Northern District of Texas , Judge: Pittman, Filed On: December 19, 2023, Case #: 4:23cv534, NOS: Consumer Credit - Other Suits, Categories: property, Banking / Lending, contract
J. Riggs grants the home seller's motion to dismiss, ruling emails from the potential buyer's real estate agent are insufficient to prove the seller made any sort of promise to sell the house if the buyer raised her offer from $395,000 to $410,000, while there is also no evidence of a verbal or written agreement that could constitute an enforceable contract.
Court: USDC New Mexico, Judge: Riggs, Filed On: December 19, 2023, Case #: 1:23cv613, NOS: All Other Real Property - Real Property, Categories: property, Real Estate, contract
J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: property, Settlements, contract
J. Dillon grants declaratory judgment to the insurance company, clarifying that it is not obligated to provide coverage. A woman contracted with the recovery service to clean, repair and store her personal property following a water loss at her residence. Later she claimed that they had damaged and lost much of her property. The recovery service did not give the insurance company prompt notice of the woman's claim as required by their contract.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: December 18, 2023, Case #: 5:23cv29, NOS: Insurance - Contract, Categories: Insurance, property, contract
J. Griggsby grants summary judgment in favor of the lessor in this lease contract dispute of three modular classroom units. The school failed to pay the rent due on the three leases. The school shall pay the lessor for a total of $387,828 for the breach of building payment, $80,142 for damages to the principal amount and $39,878 for prejudgment interest for the breach of classroom lease.
Court: USDC Maryland, Judge: Griggsby, Filed On: December 18, 2023, Case #: 1:20cv887, NOS: Other Contract - Contract, Categories: property, Damages, contract
J. Palafox finds a lower court erred in a mineral-rights dispute stemming from a so-called “double-fraction dilemma” in over the years, holders of mineral rights use separate fractions to allocate ownership. Contrary to the ruling of a lower court, the deed conveyed “floating royalty interest” to one set of owners, as language in the deed confirms. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 15, 2023, Case #: 08-23-00058-CV, Categories: property, Real Estate, contract
J. Lucas finds that the trial court improperly ruled in part in this contract dispute between a tennis club and the community's homeowner association because genuine issues remain in dispute as to whether the association breached the maintenance agreement.
Court: Florida Courts Of Appeal, Judge: Lucas, Filed On: December 15, 2023, Case #: 2D22-2358, Categories: property, contract
J. Tufte finds that the district court improperly dismissed causes of action for declaratory judgment, injunctive relief, breach of contract and tortious interference in a matter involving multiple parcels of real property in McIntosh County, North Dakota. The district court misapplied the law by applying the statute of frauds when the statute of frauds was not specifically pled. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: December 15, 2023, Case #: 2023ND234, Categories: Fraud, property, contract
J. Harris finds the trial court improperly found the claimed owner of an option to buy certain property was legally assigned the option from the owner. Other entities claiming to the option say the assignment was an invalid, fraudulent transfer and they own the option after purchasing it in an execution sale from a previous owner. The trial court’s fraudulent transfer analysis contained legal errors and an erroneous subsidiary factual finding regarding the previous owner's intent to hinder, delay or defraud its creditor. Vacated.
Court: Utah Court Of Appeals, Judge: Harris , Filed On: December 14, 2023, Case #: 20220892-CA, Categories: Fraud, property, contract
J. Gladwin finds the circuit court properly affirmed the commission's denial of the attorneys' application to vacate a mineral rights integration order. The attorneys, who were given a 35 percent interest in the property owners' mineral rights as a contingency fee, argue their predecessors-in-interest were not provided sufficient notice. The order granted the owners of unleased mineral interests a 15-day election period as to whether or not to participate in the well. The attorneys failed to establish that the heirs, who made no election, were not provided proper notice. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: December 13, 2023, Case #: CV-21-172, Categories: property, Wills / Probate, contract
[Consolidated] J. Miller finds that the trial court improperly found Florida statutes shield two mortgagees from claims in a lawsuit from the daughter of the deceased father in part seeking to quiet title to three real estate properties. The facts at issue in the case precluded application of the statute the trial court cited, so the daughter's motion for re-hearing is granted and a previous appellate court order in this case from October 11, 2023, is substituted with this opinion. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: December 13, 2023, Case #: 22-1468, Categories: property, contract
J. Belsome finds that the trial court properly found for a condominium association on its action to recover common condominium expenses from a mortgagee of four condominium units. In this case, the mortgagee possessed and employed the right to use the property, inspected its properties as an owner would during tenants’ occupancy, and leased and re-leased the units. Therefore, the mortgagee exercised all three elements of ownership. Further, the mortgagee was enriched by the expenses paid by the association. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome , Filed On: December 13, 2023, Case #: 2023-CA-0077, Categories: property, contract
J. Kelly finds that the trial court properly ruled against a property owner’s suit seeking to block a homeowners association from selling common-use land in a housing subdivision. The property owner claims that the association has no authority to sell the common-use plot of land because the owner shares in the interests in the land. No genuine fact issue exists that purports to give the property owner any claim to the land or restrain the association from selling the land without the property owner's approval. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: December 13, 2023, Case #: 03-22-00423-CV, Categories: property, Real Estate, Interference With contract
J. Frisch affirms the district court's denial of the purchaser's motion for a temporary injunction halting the cancellation of the sale of a mall. The district court was not obligated to presume the existence of irreparable harm should injunctive relief be denied, and the fact that the dispute concerns the purchase of real estate does not change that. It also did not abuse its discretion in concluding that the purchaser did not demonstrate irreparable harm as required. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Frisch, Filed On: December 11, 2023, Case #: A23-0598, Categories: property, contract, Injunction
J. Bevan finds that a developer has standing due to an assignment of rights to challenge an easement on its property, despite a lack of contractual privity. But the contract between the developer's predecessor and a neighbor was an agreement to agree, not an enforceable contract to relocate a parking lot. Also, the developer waived its challenge to the district court's evidentiary rulings and an order denying equitable estoppel. Affirmed.
Court: Idaho Supreme Court, Judge: Bevan, Filed On: December 8, 2023, Case #: 49679, Categories: property, contract
J. Mitchell finds the trial court properly ruled that a man should not receive additional profits after being sued to give back the land he bought from a tax sale to the original owners, as he already received compensation and could not show evidence that he was entitled to "mesne profits." Affirmed.
Court: Alabama Supreme Court, Judge: Mitchell, Filed On: December 8, 2023, Case #: SC-2023-0495, Categories: property, Tax, contract
J. Pritzker finds that the lower court properly upheld a small claims judgment against a property owner who sought to recoup costs from two neighbors for snowplowing services on a shared driveway. A governing contract did not exist, and while precedent holds that all beneficiaries to an easement should contribute to "maintenance and repair," snowplowing did not constitute the latter. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: December 7, 2023, Case #: 535970, Categories: property, contract
J. McShan finds that the lower court properly denied plaintiff access to recover personal property at a parcel sold along with four others to resolve a long-running family dispute over partitioning real property because issues raised on appeal amounted to a request to vacate partition and sale, a new action not preserved for review. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: December 7, 2023, Case #: 535558, Categories: property, contract
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: Family Law, property, contract