24 results for 'cat:"Property" AND cat:"Settlements"'.
J. Schock finds that the district court properly awarded default judgment in favor of the parents to partition joint tenancy property against the son. The son failed to present any arguments before the default judgment was entered and his allegations on appeal are not preserved or reviewable on the merits. Affirmed.
Court: Colorado Court Of Appeals, Judge: Schock, Filed On: May 16, 2024, Case #: 2024COA55, Categories: property, settlements
[Amended.] J. Meyer amends a previously published opinion to include the name of an additional attorney representing a neighbor in a dispute. The trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 25, 2024, Case #: 49628, Categories: property, settlements, Attorney Fees
J. Chehardy finds that the trial court should not have enforced the husband's motion to enforce the settlement agreement related to the parties' partition of community property. In this case, there is no settlement document outlining the obligations of the parties or their acquiescence to its terms, and the exchange of text messages and emails between counsel did not create an enforceable settlement agreement between the parties. Further, the wife should not have been sanctioned for refusing to sign the settlement agreement. Reversed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: April 24, 2024, Case #: 23-CA-471, Categories: property, settlements, Contract
J. Meyer holds that the trial court properly ruled for a property owner who claimed his neighbor breached an agreement that settled their easement dispute. The neighbor refused to pay for an agreed-upon cattle guard and he placed a gate across an easement road, and then he failed to timely respond to the property owner's motion for summary judgment. However, the trial court erred in dismissing the neighbor's trespass claim on standing grounds. Also, an attorney fee award to the owner for pressing his summary judgment motion was proper but the owner was also entitled to fees for defending against the neighbor's motion for reconsideration. Vacated in part.
Court: Idaho Supreme Court, Judge: Meyer, Filed On: April 17, 2024, Case #: 49628, Categories: property, settlements, Attorney Fees
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: Civil Procedure, property, settlements
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J. Warner finds that the trial court improperly ruled for a condo association in claims contending a property under suffered retaliation for filing a lawsuit against the association in 2009 because the record does not support the finding that the homeowner had agreed to certain commitments to settle certain issues. Reversed.
Court: Florida Courts Of Appeal, Judge: Warner, Filed On: April 10, 2024, Case #: 4D2022-2322, Categories: property, settlements
J. Suarez finds the trial court improperly granted the real property owners’ motion to enforce a settlement agreement regarding an Easement and Mutual Driveway Agreement against a couple as trustees of a wealth company. The couple who owns abutting property objected to the settlement agreement arguing that the parties did not agree to a clear settlement agreement before or after the pretrial conference. This case is remanded to deny the property owners’ motion. Reversed.
Court: Connecticut Court Of Appeals, Judge: Suarez, Filed On: April 5, 2024, Case #: AC45875, Categories: property, settlements
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. Huddle finds that the court of appeals properly ruled in favor of a Catholic bishop in a damages case filed against him by a construction company after a former employee allegedly stole resources to renovate the bishop’s home. The bishop sought to enter into a settlement credit following a jury verdict that awarded the company damages. Despite the company’s claims against the credit, the evidence shows that the bishop is entitled to one, thus rendering a take-nothing judgment for the company. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: March 1, 2024, Case #: 22-0168, Categories: property, settlements, Damages
J. Chicchelly finds that the lower court properly enforced a settlement in siblings' dispute over the purchase of real estate because the siblings did not prove they disputed the settlement, and the parties' emails demonstrated that they accepted the agreement. Affirmed.
Court: Iowa Court Of Appeals, Judge: Chicchelly, Filed On: February 21, 2024, Case #: 23-0377, Categories: property, settlements
Per curiam, finds that the trial court improperly awarded the marital mobile home and property to the former wife. The former husband, during a Zoom hearing, did recommend that he have no other financial obligations if the former wife received the mobile home, or the mobile home could be sold, and the parties split everything in half. On remand, the trial court may also reconsider or adjust the alimony. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 4D2023-0938, Categories: Family Law, property, settlements
J. Soud finds the trial court improperly denied the property owners' motion to enforce a mediated settlement agreement entered with their neighbors in a dispute over an easement across their properties. The terms of the settlement agreement, which in part requires the neighbors to grant the owners the disputed easement, are unambiguous and enforceable, so the case is remanded for the trial court to enforce the settlement agreement and set a time for the neighbors to sign it. Reversed.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: February 2, 2024, Case #: 23-0594, Categories: property, settlements, Mediation
J. Chasanow grants, in part, a group of corporations operating three elder living services and a buyer’s counterclaims for motion of summary judgment after the the buyer entered a sales agreement for the purchase of the group’s skilled nursing facility on the property. The group failed to show a breach dispute, warranting summary judgment in favor of the buyer. An entry of judgment is ordered in the amount of $400,000 with interest of $197.26 per day until the group returns the amount to the escrow.
Court: USDC Maryland, Judge: Chasanow, Filed On: December 18, 2023, Case #: 8:23cv574, NOS: Other Contract - Contract, Categories: property, settlements, Contract
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: Insurance, property, settlements
Per curiam, the court of appeals denies in part the parties’ motion for dismissal of this appeal of a self-represented defendant on behalf of himself and a business of final judgment. The parties contend the self-represented defendant lacks a standing to appeal because he is not aggrieved by the confirmation order. However, when a judgment enters final judgment against “all defendants,” it is the court’s policy to give all litigants the right to be heard. The business is dismissed from the appeal unless it obtains counsel with in 45 days and files a valid notice of appearance.
Court: Hawai'i Court Of Appeals, Judge: Per curiam, Filed On: November 1, 2023, Case #: CAAP-23-468, Categories: property, settlements, Foreclosure
Per curiam, the Hawai’i Supreme Court finds the claims administrator and circuit court properly denied the petitioner’s petition for writ of mandamus alleging he was part of the class of Native Hawaiian people that were waitlisted for homesteads from the Hawaiian Homelands Trust. The petitioner lacks any claim to compensation because he was born beyond the statutory period resulting in him being too young to receive a payout. The Supreme Court rejects the petition for appeal and remands back to the circuit court.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: October 26, 2023, Case #: SCPW-23-571, Categories: property, settlements, Trusts
J. Miler finds the trial court improperly found against the former wife in her lawsuit over allegedly fraudulent transfers of funds by her former husband and the consulting company. The trial court incorrectly determined it lacked authority to extend an expired lis pendens the wife recorded with the clerk of court, which is necessary to protect her interests in a property against the claims of third-party lien holders. The wife's petition for certiorari is granted and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: August 30, 2023, Case #: 23-1180, Categories: property, settlements, Contract
J. Rice finds that the trial court properly enforced a settlement agreement requiring the sale of a parcel to the owner of an adjacent property by a specific date for $170,000 or an appraised value, whichever was higher. The owner of the adjacent property failed to satisfy the conditions of purchase by the specific date, so under the doctrine of equitable conversion a subsequent fire that destroyed a residence on the parcel did not void the sale. And the seller was due an award of attorney fees as the prevailing party in a specific enforcement lawsuit. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: July 18, 2023, Case #: DA 22-0487, Categories: property, settlements, Attorney Fees
J. Hanni finds the probate court improperly approved the settlement agreement between the trust beneficiaries and the adjacent landowners in a property dispute. The agreement did not provide a benefit to the beneficiaries, who were required to relinquish all claims of adverse possession related to the driveway between the properties. Although losing litigation against the adjacent landowners would result in a similar loss of property rights, the settlement also required financial compensation for the transfer of the land's oil and gas rights; therefore, the settlement never should have been approved. Reversed.
Court: Ohio Court Of Appeals, Judge: Hanni, Filed On: June 28, 2023, Case #: 2023-Ohio-2281, Categories: property, settlements, Wills / Probate
J. Shepherd finds a lower court properly ruled in favor of three grown children of a deceased father on claims that their stepmother, the executor of his estate, wrongfully retitled his estate in it entirety, and then assumed the assets. The stepmother argued that the lower court erred in establishing a constructive trust and a division of assets based on her claims that no will existed. However, his grown children presented sufficient evidence in court that their father breached a property settlement agreement by failing to leave them one half of his estate. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 23, 2023, Case #: 22-1674, Categories: Family Law, property, settlements