8 results for 'cat:"Real Estate" AND cat:"Negligence"'.
J. Cates finds the lower court properly found in favor of an attorney in this matter of legal malpractice and properly denied a property owner’s motion for judgment notwithstanding the evidence. The property owner retained the attorney for guidance related to a proposed real estate development project. The attorney testified that he told the property owner that he did not believe developing the property on his own was a wise business venture, and that he explained the pros and cons of incorporating the project to limit the property owner’s exposure to liability. But the property owner says he was never advised on incorporation or on a pipeline easement that ran through the property, as supported by evidence, that the court should enter a judgment in his favor, and that he should be granted a new trial for damages. The instant court finds that the evidence presented was subject to interpretation, and will not second guess the findings of the jury. Affirmed.
Court: Illinois Appellate Court, Judge: Cates, Filed On: April 8, 2024, Case #: 220818, Categories: real Estate, negligence, Legal Malpractice
J. Nye denies cabin owners' motion to alter a judgment to include post-judgment interest regarding negligence claims brought after their cabin burned to the ground. The owners allege an HOA employee lit the pilot light of an outdoor refrigerator after the cabin owner had re-stained the decks, leading to the fire. A jury found in favor of the cabin owners, but found the owners were contributorily negligent for the fire because they had, by their own admission, applied too much stain to the deck. Post-judgment interest will accrue as a matter of law, therefore there is no need to alter the judgment.
Court: USDC Alaska, Judge: Nye, Filed On: November 15, 2023, Case #: 1:19cv267, NOS: All Other Real Property - Real Property, Categories: real Estate, negligence
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J. Boasberg denies, in part, a title company's motion to dismiss a company and its owner's action to recover more than $500,000 lost after a third-party absconded with the funds he was to receive from the sale of his property. The company has made sufficient allegations to support its claims for negligence, breach of fiduciary duty and consumer-protection law violations.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: August 28, 2023, Case #: 1:23cv941, NOS: Other Fraud - Torts - Personal Property, Categories: real Estate, Fiduciary Duty, negligence
J. Baker finds that the trial court improperly ruled in a negligence case filed by the owner of a real estate firm against her former counsel, alleging that they failed to properly communicate with her and protect her interests. The lawyers answered her suit with a motion to dismiss under an anti-SLAPP statute, which the trial court granted. Specific actions made by her lawyers do not qualify for protection under the anti-SLAPP statute, so the trial court’s dismissal was an error. However, the trial court was correct in denying the award of attorney fees to the owner. Reversed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: August 24, 2023, Case #: 03-22-00254-CV, Categories: Anti-slapp, real Estate, negligence
J. Bailey finds that the lower court improperly granted summary judgment in favor of the management company on the property owner's breach of contract claim against it. There is evidence of a breach under the parties' lease management agreement, specifically related to the presence of a dog on the premises. Summary judgment was appropriate, however, as to his negligence claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 29, 2023, Case #: 11-21-00178-CV, Categories: real Estate, negligence, Contract