8 results for 'cat:"Settlements" AND cat:"Jurisdiction"'.
J. Logue finds the trial court improperly vacated a prior judge's order enforcing a settlement agreement in the borrower and lender's foreclosure case, as the trial court's order was built upon the incorrect assumption that the prior judge did not have jurisdiction to enforce the settlement agreement. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: May 15, 2024, Case #: 23-1319, Categories: settlements, jurisdiction, Foreclosure
J. Logue finds the lower court improperly dismissed a property owner’s motion to enforce a settlement agreement. A loan company sought foreclosure on a piece of real estate owned by the property owners, upon which a settlement agreement was reached. Within the settlement agreement is language stating that the trial court will retain jurisdiction regarding enforcement of the settlement, but the loan company argues the lower court never approved the settlement, only a joint stipulation; the instant court disagrees. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 17, 2024, Case #: 2022-1872, Categories: settlements, jurisdiction, Foreclosure
J. Cogburn grants an infrastructure contractor’s motion to dismiss for a lack of subject matter jurisdiction following allegations of state law violations and breach of contract brought by the founder of an energy consulting company that the contractor acquired. The contractor agreed to pay $360,000 cash to the founder and he kept 9% interest and his seat as company president in exchange for 90% of the company’s shares. Two years later, the contractor fired the founder and stopped paying on a promissory note, prompting the current suit. After a settlement, only the breach of contract claim still stood, but because the founder has not shown that the amount in controversy is not more than $75,000, the suit is dismissed. However, it may proceed in a state court.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: January 18, 2024, Case #: 1:21cv245, NOS: Negotiable Instrument - Contract, Categories: settlements, jurisdiction, Contract
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J. Nalbandian finds the lower court properly determined the marijuana retailer's motion to intervene was mooted by a settlement between the city and another retailer. The order of dismissal entered by the court was final and it retained jurisdiction only to enforce the settlement, which did not involve the marijuana retailer. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: January 4, 2024, Case #: 23-1262, Categories: Civil Procedure, settlements, jurisdiction
J. Theofanis finds that the trial court properly ruled against the state's plea to the jurisdiction in a settlement dispute with dental service providers who sued the Xerox Corporation for Medicaid fraud. The dentists sought to have the trial court determine their share of the state's settlement with Xerox, leading to the state claiming the court lacked jurisdiction to rule in the matter. On appeal, the state argues that the dentists' suit to recover settlement funds is barred by sovereign immunity. However, the state fails to show that it has immunity in the matter, thus establishing that the trial court maintains jurisdiction over the dispute.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: November 15, 2023, Case #: 03-22-00236-CV, Categories: settlements, Immunity, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the tenants' petition for a writ of prohibition in a rental dispute. Even if the trial court lacked jurisdiction over a settlement agreement, it retained jurisdiction over the original case filed by the landlord and properly entered an order of restitution against the tenants for their failure to vacate the premises. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023-Ohio-1754, Categories: Judiciary, settlements, jurisdiction