16 results for 'cat:"Real Estate" AND cat:"Attorney Fees"'.
J. Fleming denies the property sellers' motion for attorney fees, ruling that while some of the buyers' claims had been filed and rejected in a previous state court action, the filing of this lawsuit was not frivolous. It included a civil conspiracy claim not adjudicated in the previous suit; therefore, the filing was not vexatious and does not warrant sanctions in the form of attorney fees.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: May 14, 2024, Case #: 5:21cv1848, NOS: Other Civil Rights - Civil Rights, Categories: real Estate, attorney Fees, Contract
J. Douglas finds that the lower court properly found the appellants in contempt and ordered them to pay attorney fees in this dispute involving a deeded right-of-way over the appellants’ driveway. The language in the injunction was clear, and the evidence supported a finding that they impeded the driveway and made it “difficult if not impossible” for the appellee to pass. Affirmed.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 14, 2024, Case #: 2024ME36, Categories: Contempt, real Estate, attorney Fees
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: real Estate, attorney Fees, Contract
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J. Garcia finds that the lower court properly required the appellant company to pay attorney fees under the Uniform Declaratory Judgments Act in this dispute involving neighboring landowners. The appellant fails to establish its argument that the land dispute does not come within the relevant statute authorizing the fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: January 25, 2024, Case #: 05-23-00064-CV, Categories: real Estate, attorney Fees
J. Blake vacates the disbursement of a surety bond meant to cover the attorney’s fees and costs of a real estate developer and an appeal board being sued by a man who opposed the developer being granted variances to construct an addition to a residential building. Prevailing in the first appeal does not automatically entitle the developer to disbursement of the bond.
Court: Massachusetts Court Of Appeals, Judge: Blake, Filed On: January 18, 2024, Case #: 22-P-974, Categories: real Estate, Zoning, attorney Fees
J. Gordon McCloud finds that the lower court improperly granted fees to a real estate company following a quiet title dispute in which one of their properties was improperly foreclosed. While it is clear that the real estate company is the prevailing party on the claims, the lower court granted attorney fees to the company on a theory that was not only raised incorrectly sua sponte, but was also based on a theory that this court had already rejected. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: August 31, 2023, Case #: 101149-1, Categories: real Estate, attorney Fees
J. Boatwright finds the trial court improperly awarded attorney fees to the real estate brokerage company in the lawsuit it faced from the property investments firm. Florida's First District Court of Appeals' prior rulings denying the company attorney fees established "the law of the case" before the company sought trial court attorney fees based on the same legal arguments, so the trial court should not have granted any fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Boatwright, Filed On: August 25, 2023, Case #: 23-0371, Categories: real Estate, attorney Fees
J. Nagala denies, in part, the property buyer's motion to dismiss a counterclaim for attorney fees filed by the seller, ruling the seller was not required to wait until the conclusion of the case to raise its motion for fees. Depending on the outcome of the case, it might be prevented from filing such a post-trial motion.
Court: USDC Connecticut, Judge: Nagala, Filed On: July 12, 2023, Case #: 3:23cv240, NOS: Other Contract - Contract, Categories: real Estate, attorney Fees, Contract
J. Poissant finds that the trial court properly issued a clarifying order in favor of the individual appellees regarding attorney fees in a dispute over use of an airport and airstrip. The appellees did not waive their award of appellate attorney fees, though they did waive the right to recover additional fees. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 1, 2023, Case #: 14-21-00303-CV, Categories: Property, real Estate, attorney Fees
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