9 results for 'cat:"Civil Procedure" AND cat:"Real Estate" AND cat:"Contract"'.
J. Welbaum finds the joint property owner was able to bring a contract action against his partner despite no formal accounting of the parties' joint venture. Under Ohio law, a simplistic venture like the one at issue here, which involved a single real estate transaction, does not require accounting procedures before litigation. Meanwhile, a previous judgment against the partner precluded him from bringing claims related to a "quit letter" against the property owner because that issue had already been decided and, therefore, was barred by res judicata. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: January 5, 2024, Case #: 2024-Ohio-24, Categories: civil Procedure, real Estate, contract
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. 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. 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. 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. 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