80 results for 'cat:"Evidence" AND cat:"Property"'.
J. Abramson finds the county court properly quieted title to the property in favor of the residents. The property owner filed an unlawful-detainer complaint against the mobile home residents, alleging they had detained possession after he had attempted to gain possession by civil notice. The owner argues the residents failed to establish their curtilage is contiguous to their own property, conceding the contested property and the residents' property are contiguous. This satisfies for adverse possession. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: May 8, 2024, Case #: CV-22-585, Categories: evidence, property
J. Poissant finds that the trial court improperly granted no-evidence summary judgment in a dispute over ownership of title to a property. The land company's deeds and affidavits raised a fact issue as to whether it has superior title to the property. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 7, 2024, Case #: 14-23-00004-CV, Categories: evidence, property
J. Love finds that the trial court improperly determined that a victim did not show that she was harassed by her neighbor. In this case, the victim testified that the neighbor repeatedly removed landscaping boards from the front of her property where she was attempting to plant trees and cursed at her during an altercation. Further, there was video evidence showing the neighbor taking the boards from the victim's property to a trash pile, and the neighbor admitted to talking to the victim on the day of the altercation. Reversed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: May 2, 2024, Case #: 2023-CA-0742, Categories: evidence, property
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J. Murphy finds the circuit court properly granted the prescriptive easement with limitations. Though the grantee says the court improperly limited use of the road subject to the easement, the limitations properly address only the historical use of dominant tenements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-22-774, Categories: evidence, property
J. Hanni finds the trial court erroneously granted the landowners' motion for partial summary judgment. This court's previous remand order required the owners prove damages stemming from the natural gas company's failure to follow certain title notice procedures - a burden they failed to meet. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: April 16, 2024, Case #: 2024-Ohio-1436, Categories: evidence, property, Real Estate
J. Stephens finds that the trial court properly determined that a property had been acquired by plaintiff through ten-year good faith acquisitive prescription. In this case, the predecessor lived on the property, and it was reasonable for her to believe that her parents owned the property in 1972 when they conveyed it to her and her husband since the public records show her parents acquired the property by recorded deed from the husband of the owner, and the parents assumed a mortgage on the property. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: April 10, 2024, Case #: 55,475-CA, Categories: evidence, property
J. Windhorst finds that the trial court properly annulled and set aside an act of donation of property. The donor was properly determined to be destitute at the time of the donation because the donor testified that he did not own any other property and that his only job was “working on cars.” Therefore, the donation was annulled under the theory of donation of the donor's entire patrimony without reserving enough for his subsistence. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: April 10, 2024, Case #: 23-CA-329, Categories: evidence, property
Per curiam, the Vermont Supreme Court finds that the trial court properly imposed a restitution order in favor of the vandalism victim. The defendant argues that the replacement value of a light bar was unsupported by the evidence and the current condition should have been part of the value. The court acted within its discretion when it found the witness who testified on the cost of replacement credible. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-AP-133, Categories: evidence, property, Settlements
J. Schmehl denies in part a foam insulation company’s motion to dismiss a pipe company’s intellectual property complaint arising from a botched product development agreement and potential acquisition between parties whose relationship eventually soured. The pipe company’s expert report contains potentially problematic accounting practices at the insulation company that create genuine disputes of material fact for trial.
Court: USDC Eastern District of Pennsylvania, Judge: Schmehl, Filed On: April 4, 2024, Case #: 5:21cv5077, NOS: Other Contract - Contract, Categories: evidence, property, Contract
J. Dysart vacates the restitution judgment related to defendant's simple criminal damage to property conviction for damaging a vehicle. In this case, there was no evidence reflecting the value of the vehicle. The vehicle was an uninsured 2008 Mercedes Benz C Class vehicle which had over 200,000 miles on it and was inoperable at the time defendant damaged the exterior. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: April 2, 2024, Case #: 2023-KA-0711, Categories: evidence, Vehicle, property Crimes
J. Schlegel finds that the trial court should not have granted a neighbor's exception of prescription on a property owner's claim filed on September 13, 2022, that his house was damaged when the neighbor's tree fell on it during a hurricane. In this case, although the homeowner's petition references Hurricane Ida making landfall on or about August 29, 2021, the petition does not actually allege a specific date when the tree fell and damaged his property. Further, the neighbor did not introduce evidence as to when the damage occurred. The undisputed evidence shows that the homeowner did not return to his home until September 17, 2021, after evacuating before the hurricane made landfall. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: March 27, 2024, Case #: 23-CA-408, Categories: evidence, property, Negligence
J. Cain denies summary judgment to a Louisiana company on its argument it did not breach its lease for storing sacks of the industrial coloring agent, titanium dioxide. The company argues warehouse owners cannot prove damages because the fine, white, nonhazardous powder existed on the walls and ceilings when its 2017 and 2012 leases began. Warehouse owners say it cost them $80,690 to vacuum and dispose of the industrial dust. Given the nature of the damage involved, “it would be impossible to distinguish which grains settled prior to 2012 or 2017,” and which grains settled afterwards.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 27, 2024, Case #: 2:22cv2386, NOS: Other Contract - Contract, Categories: evidence, property, Business Practices
J. Cadish finds the county court improperly excluded evidence in its determination of the value of land taken for a power line easement. The court improperly excluded the owner and its expert's opinion of value and evidence of what the Nevada Department of Transportation paid to the previous landowner for a similar taking from the same parcel. The opinions were not solely based on evidence the court deemed inadmissible but also on market values and general knowledge of commercial real estate and multifamily-home land values in Las Vegas. Reversed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84692, Categories: evidence, property
J. Hicks denies, in part, summary judgment to BellSouth on certain trespass claims by a homeowner related to the telecommunications company’s acknowledgement its underground innerduct for protecting fiber optic cable encroaches on her property. The determination of damages based on physical property damage, inconvenience and mental suffering, as well as mitigation of damages, are better suited to trial.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 19, 2024, Case #: 5:23cv153, NOS: Other Statutory Actions - Other Suits, Categories: Communications, evidence, property
J. Poissant finds the lower court properly divided the marital assets in this divorce matter. The husband argues that the marital home was jointly owned separate property and the lower court should not have been able to order it sold. The husband also argues that certain evidence, namely a drug test that showed he tested positive for amphetamine, methamphetamine, benzoylecgonine, cocaine, and norcocaine, and expert testimony to the effect that he was a daily user of those drugs, should not have been allowed. But the husband did not object to the evidence or expert testimony at the time it was submitted into evidence, thereby waiving his right to later argue against their admission. The lower court made no error in its division of the marital estate. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 14, 2024, Case #: 14-22-00810-CV, Categories: evidence, Family Law, property
J. Gladwin finds the circuit court properly entered summary judgment in favor of the property owner who removed a boundary fence. The owner removed a fence that existed before the involved owners had purchased their properties, and a survey revealed the property boundary was beyond the fence. The other property owner filed a petition for ejectment, injunction and to quiet title after the fence was moved. This owner has shown no admissible evidence creating a material fact in question regarding both owners' mutual recognition of the original fence as a boundary. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 13, 2024, Case #: CV-22-557, Categories: evidence, property, Injunction
J. Byrne finds that the trial court properly ruled to dismiss a family’s claims in a damages case it filed against several companies that operated a well-lease that failed and affected the family’s cattle ranch. The family has failed to present any evidence that would suggest some of the companies can be forced to pay for damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 29, 2024, Case #: 03-22-00063-CV, Categories: evidence, property, Damages
J. Oliver finds the district court properly dismissed this trust promissory estoppel claim brought by a son against his father’s estate. The son alleges his father verbally agreed to leave the ranch to him, but in the will, it was left to the father’s grandsons. He fails to meet the burden of proof because the evidence of detrimental reliance was insufficient, and the court could not find an equitable remedy. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: February 26, 2024, Case #: 20210415-CA, Categories: evidence, property, Trusts
J. Sheldon finds the lower court properly granted the owners association's motion for summary judgment. The property owners failed to prove they had exclusive use of easements that abutted their shoreline properties. Although the deeds to the properties include limitations on the easements, the entity that transferred ownership to the owners association did not abandon all rights, while the property owners also failed to prove adverse possession. The vegetation on the strips of land was wild growth, not the type of maintained landscaping that would have allowed them to assert independent ownership. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Sheldon, Filed On: February 23, 2024, Case #: AC45974, Categories: evidence, property, Real Estate
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
J. Abele finds the lower court properly granted the neighbors' motion for summary judgment in a property dispute. The language in the easement shared with the property owner is unambiguous and allows only for an initial 30-foot wide strip of land to be used for access to a county road, not a 30-foot strip along the entire boundary of the neighbors' land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: February 8, 2024, Case #: 2024-Ohio-521, Categories: evidence, property, Real Estate
J. Wise finds that the trial court properly awarded damages to the property owner on his trespass claim against a neighbor over his encroaching fence and debris. There is sufficient evidence that the neighbor committed trespass by refusing to allow the owner to move the fence and debris. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00603-CV, Categories: evidence, property, Damages
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. 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