24 results for 'cat:"Evidence" AND cat:"Real Estate"'.
J. Parker finds that the lower court improperly awarded title and possession of certain real property to the appellees. The evidence does not support the appellees' trespass to try title claim or their claim of "an oral gift of real estate." Accordingly, the matter is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-23-00284-CV, Categories: evidence, real Estate
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. Pedersen finds that the lower court properly ruled in this dispute over real property, "confirming appellants as the rightful owners of the property," subject to an award for the appellees as "good faith improvers." There was sufficient evidence to show the improvements made, and there was no error in the decision that the appellees "should be reimbursed for all of the improvements made to the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01323-CV, Categories: evidence, real Estate
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J. Alley finds a lower court did not err in granting damages in a fraud and contract case stemming from a convoluted land deal between a landowner and a developer, which culminated in the landowner being on the hook for an overpayment on the property. While the developer disputed the sufficiency of the evidence against him, the lower court found he’d made numerous misrepresentations in his dealings with the landowner. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 29, 2024, Case #: 08-23-00134-CV, Categories: evidence, Fraud, real Estate
J. Molberg finds that the lower court properly entered a judgment of possession for the appellee bank in this forcible detainer action. Contrary to the appellants' argument, the evidence sufficiently supports the judgment, as the bank showed it "purchased the property in a public auction" and informed the appellants they "must vacate the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 27, 2024, Case #: 05-23-00065-CV, Categories: evidence, real Estate
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. 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. Tijerina finds that the lower court properly entered a declaratory judgment in this dispute over a strip of property. The judgment declared the disputed property to be a county road and also granted attorney fees to the appellee. Contrary to the appellant landowner's argument, the evidence sufficiently supports the ruling, as the parties' deeds both "described their properties as adjoining" the county road at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: January 4, 2024, Case #: 13-22-00140-CV, Categories: evidence, real Estate
J. Wozniak finds that the trial court improperly ordered specific performance under a sales contract with prospective buyers in a dispute over the legal description of property being purchased. The contract was not subject to specific performance due to the sales contract's ambiguity in the identity of the properties to be included in the sale. This constitutes a patent ambiguity that precludes enforcement of the contract. Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: November 17, 2023, Case #: 6D23-608, Categories: evidence, real Estate, Contract
J. Wilkin finds the trial court properly dismissed the property owners' complaint for a prescriptive easement over a road located on adjacent land. Although the pieces of land were once a single property, the owners provided no evidence the road existed at that time or was established prior to the division of the land. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: October 11, 2023, Case #: 2023-Ohio-3784, Categories: evidence, Property, real Estate
J. Graves finds the district court properly granted the real estate exchange's motion for judgment as a matter of law in this trademark infringement suit. Though evidence that the company's marks are perceived as primarily a personal name was shown, the exchange argued that its use of "Rex" was according to the Latin translation and that its customers perceived it this way. Still, a reasonable jury could find in the company's favor for infringement of the marks before they were federally registered. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Graves , Filed On: September 6, 2023, Case #: 22-50405, Categories: evidence, real Estate, Trademark
J. Tijerina finds that the lower court properly imposed death penalty sanctions in this suit seeking to quiet title to certain properties. The appellants contend that the evidence does not support the sanction, because it does not support the finding that "the receipts proffered by appellants during discovery were fraudulent." However, a forensic document examiner testified that the deceased's signature had been copied onto the receipts, meaning there was "some evidence of a probative force." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: August 31, 2023, Case #: 13-21-00330-CV, Categories: evidence, real Estate, Sanctions
J. Marbley grants the seller's motion for summary judgment, ruling that while it failed to provide certain financial documents prior to closing, much of the information on those documents was found elsewhere in the sale disclosures. Furthermore, the buyer's admission the missing documents would not have affected his valuation of the property dooms his contract and fraud claims, which are simply a case of buyer's remorse.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: August 22, 2023, Case #: 2:21cv3996, NOS: Other Contract - Contract, Categories: evidence, real Estate, Contract
[Consolidated.] J. Parker finds that the lower court properly partitioned certain real property and required the payment of court costs. The appellant fails to show that the property division was unjust, as she actually was granted "a larger portion of the land than she was entitled to receive." Also, she did not appear at the hearing regarding court costs and failed to prove her "inability to afford costs." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 18, 2023, Case #: 07-23-00041-CV, Categories: evidence, Property, real Estate
J. Silva finds that the lower court properly granted summary judgment to the appellee property company in this suit concerning the boundaries of certain real property. The evidence sufficiently establishes the company's adverse possession affirmative defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 17, 2023, Case #: 13-22-00496-CV, Categories: evidence, real Estate
J. Bailey finds that the lower court properly entered a decree of partition regarding certain land owned by the parties. Specifically, as to the first phase of the proceedings, it was not error to consider certain adjacent properties "when providing appellees with an equitable adjustment." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-21-00190-CV, Categories: evidence, real Estate
J. Silva grants the German property seller’s motion for summary judgment in this suit alleging that the investor transferred millions of dollars from a pair of company accounts to her own account to avoid satisfying a judgment after a bad real estate deal. The seller met its initial burden, establishing that the investor had the requisite statutory intent to defraud under Nevada law when she made the transfers to her personal accounts. The investor fails to meet the shifted burden, nor does she present a triable issue of material fact that would preclude summary judgment. All evidence supports the judgment.
Court: USDC Nevada, Judge: Silva, Filed On: July 14, 2023, Case #: 2:21cv2074, NOS: Other Fraud - Torts - Personal Property, Categories: evidence, Fraud, real Estate
J. D'Auria finds the appeals court properly overturned the trial court's decision to grant the bank's motion for a judgment of strict foreclosure. The borrower made a timely and sufficient objection to the amount owed on the mortgage. The borrower provided yearly statements that created a question of fact regarding the tax liability on the property. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: July 3, 2023, Case #: SC20662, Categories: evidence, real Estate, Banking / Lending
J. Quinn finds that the lower court properly ruled on certain issues in this case concerning the boundary line between two homes. The evidence sufficiently supports the judgement as to adverse possession, as the record reasonably identifies the land at issue. Also, any error as to the admission of a certain survey map was harmless. The issue of attorney fees should be remanded, however, for a redetermination. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 22, 2023, Case #: 07-22-00230-CV, Categories: evidence, real Estate, Attorney Fees