47 results for 'cat:"Civil Procedure" AND cat:"Landlord Tenant"'.
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: civil Procedure, landlord Tenant, Contract
J. Johnson vacates the judgment of eviction since the tenant was deprived of a fair trial because the trial court did not swear-in the landlord's property manager and relied on her statements during trial. Further, the trial court called a security guard witness on behalf of the landlord over the tenant's objection. Vacated.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 13, 2024, Case #: 2023-CA-0782, Categories: civil Procedure, landlord Tenant
J. Watkins finds that the trial court improperly granted the landlord's motion for partial summary judgment as to liability in a dispossessory action against the tenant. The trial court failed to give the tenant notice of oral arguments requested by the landlord and incorrectly allowed the landlord to withdraw its request. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: May 8, 2024, Case #: A24A0370, Categories: civil Procedure, landlord Tenant
J. Hardin-Tammons finds that the lower court improperly granted the restaurant group's motion to set aside a default judgment in favor of the shopping plaza in a breach of lease action. The agent's testimony that he did not receive service of the complaint is insufficient to meet the "clear and convincing" standard necessary to impeach the valid sheriff's return. Reversed.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: April 30, 2024, Case #: ED111960, Categories: civil Procedure, landlord Tenant
J. Traver finds the trial court improperly denied the tenants’ motion to reconsider and entered a final judgment in favor of the landlord in this eviction lawsuit. The tenants argue the total amount of rent due was wrong and they were entitled to a hearing on their motion to reconsider. The judgment of eviction is vacated and remanded to determine the correct amount of rent due. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: April 26, 2024, Case #: 6D23-2223, Categories: civil Procedure, landlord Tenant, Damages
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J. Chase finds that the trial court properly denied the Louisiana Fair Housing Action Center's exception of insufficiency of service of process on a condominium owners' association's lease action. In this case, the association had 90 days from the date of the lifting of the stay order to request service and citation. Therefore, the association's action was timely. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 18, 2024, Case #: 2024-C-0058, Categories: civil Procedure, landlord Tenant
J. Berkenkotter finds the trial court erroneously ruled in favor of the landlord on his eviction claim because Colorado law allowed the tenant to assert the affirmative defense of retaliation under the Colorado Fair Housing Act. Although a landlord may bring a forcible entry and detainer action against a tenant for "no reason or any reason," due process requires a tenant be given the opportunity to rebut evidence presented by the landlord; therefore, the tenant in this case must be allowed to present her retaliation claim based on allegations the landlord evicted her when she refused to have sex with him. Reversed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: February 20, 2024, Case #: 2024CO11, Categories: civil Procedure, landlord Tenant, Housing
J. Bacon finds a tenant is entitled to a new trial following dismissal of his appeal in a landlord-tenant dispute. The metropolitan court's status as a court of record for the case required it to create a record of the trial for appellate proceedings, regardless of whether such a record was requested by either of the parties. Additionally, the local rule that requires a party to request a record of proceedings prior to trial will be struck down, as it conflicts with state law, and courts will be asked to create audio recordings of proceedings moving forward. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: February 5, 2024, Case #: S-1-SC-35619, Categories: civil Procedure, landlord Tenant, Public Record
J. Keough finds the trial court properly granted the tenants' request for a stay in proceedings because the motion was not frivolous, but was made to allow another court to rule on the parties' related foreclosure case. Meanwhile, the landlord's request for $15,000 in damages against each tenant was properly denied by the trial court because the landlord presented no evidence to support that specific amount and failed to prove any physical damage to the property itself. Affirmed.
Court: Ohio Court Of Appeals, Judge: Keough, Filed On: February 1, 2024, Case #: 2024-Ohio-338, Categories: civil Procedure, landlord Tenant, Damages
J. Kugler rules in part for a housing complex accused of attempting to change the terms of a residential lease after the tenant missed several rent payments. The tenant failed to respond to motions filed by the housing complex by set court deadlines, and evidence did not indicate the court acted with racial bias. Meanwhile, the complex did not attempt to charge the tenant attorney fees but failed to provide an analysis explaining why retaliation is not cognizable under state tenant laws.
Court: USDC New Jersey, Judge: Kugler , Filed On: December 27, 2023, Case #: 1:19cv13412, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, landlord Tenant, Attorney Fees
J. Walker finds that the lower court improperly granted the landlord's motion to quash service of process. The tenant exercised reasonable diligence in its attempt to serve the landlord, and nothing in the law requires the tenant to seek out the new location of the registered agent once the agent moves from the address filed with the state. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: December 15, 2023, Case #: 220549, Categories: civil Procedure, landlord Tenant
J. Ray directs the tenants to submit an amended complaint in an action against the company and city seeking damages for wrongful eviction. The complaint is deficient because the tenant who is listed as a plaintiff is not the tenant who signed the complaint. The action failed to sufficiently establish a basis for the court's subject matter jurisdiction by failing to include information on the citizenship of the parties and omitting a specific monetary amount of damages sought.
Court: USDC Southern District of Georgia, Judge: Ray, Filed On: December 4, 2023, Case #: 4:23cv341, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, landlord Tenant
J. Richardson finds that a tenant raised sufficient issues of fact that summary judgment in his landlord's favor was error. The trial court must address the tenant's claims that a Covid-19 eviction moratorium applied, that the eviction was in bad faith and whether the landlord was allowed to increase the amount of the security deposit during the tenancy. Reversed.
Court: California Courts Of Appeal, Judge: Richardson, Filed On: November 1, 2023, Case #: BV 033886, Categories: civil Procedure, landlord Tenant, Covid-19
J. Humes finds that the trial court properly rejected landlords' challenge to a $2.7 million judgment awarded to tenants in a harassment and unlawful eviction case. Landlords lack a legal basis to argue that the primary right theory barred tenants from pursuing their claims after they had surrendered their rental unit in an unlawful detainer action. Tenants were not required to file a cross-complaint in the unlawful detainer action, which dealt solely with the issue of current possession. Affirmed.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A164470, Categories: civil Procedure, landlord Tenant