9 results for 'cat:"Evidence" AND cat:"Landlord Tenant"'.
J. Warner finds the lower court improperly granted the grocery store’s motion to amend to plead a claim for punitive damages in this lease dispute. There is not enough support of evidence established to support the independent tort. Therefore, this appeal will be remanded, and the punitive damages claim will be stricken. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: February 14, 2024, Case #: 4D2023-1102, Categories: evidence, landlord Tenant
J. Pirtle finds the county court properly found in favor the tenant. Though the court granted the tenant replevin, ruling in favor of the trespass claims, it also dismissed his unlawful eviction claim, as well as the landlord's counterclaim for unpaid rent. The landlord's appeal failed to conform to rules of appellate procedure, and plain error review shows the record supports the conclusion the landlord did not legally possess the property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-263, Categories: evidence, landlord Tenant, Property
J. Klappenbach finds the trial court properly found in favor of the landlord in a case where the tenant filed a sex discrimination counterclaim after the landlord had filed an unlawful detainer action against her. The trial court properly rejected the challenge to the strike of a black juror based on counsel's explanation of the peremptory strike as arising from concerns involving the age of the potential juror. This concern arose from the affinity younger people have with the act of shooting video, associated with video evidence that was admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: January 24, 2024, Case #: CV-22-725, Categories: evidence, Jury, landlord Tenant
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J. Byrne finds the lower court properly granted the landlord's motion for possession of the leased premises. The tenant's continued sale of cell phones even after it received two cease-and-desist letters to stop its competition with fellow tenant Verizon Wireless constituted a material breach of the parties' lease. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 11, 2023, Case #: 2023-Ohio-3198, Categories: evidence, landlord Tenant
J. Lee finds that there was spoliation of evidence in this personal injury lawsuit alleging that an apartment tenant was burned due to the temperature of the water in the bathtub, after a repairman had worked on the hot water heater. Specifically, the "rotational limit stop" device on the faucet was adjusted after the alleged burn incident, without the defendant company's "knowledge or presence." However, the proposed sanctions "all go too far." Accordingly, the parties should confer and propose a limiting jury instruction.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: August 28, 2023, Case #: 1:22cv273, NOS: Other Personal Injury - Torts - Personal Injury, Categories: evidence, landlord Tenant, Negligence
J. Laplante grants a landlord’s motion to exclude its tenant’s gathered expert opinions regarding recommended HVAC repairs from what will be presented to a jury. The tenant planned to use the expert opinions to show that the landlord failed to make recommended repairs as part of the tenant’s defense for nonpayment of rent, but the tenant failed to disclose that it had gathered such expert opinions within the required timeframe.
Court: USDC New Hampshire, Judge: Laplante, Filed On: July 14, 2023, Case #: 1:21cv1070, NOS: Rent Lease & Ejectment - Real Property, Categories: evidence, landlord Tenant, Experts
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, evidence, landlord Tenant