Condominium Law
 
Devan v. Bomar

In mortgage foreclosure law, as elsewhere, society's interest in finality and repose is
a weighty one. As with statutes of limitations generally, procedural deadlines for raising
certain challenges are established and strictly enforced. An unexcused failure to comply with
a clear deadline may doom what might otherwise have been a highly meritorious challenge,
had it been timely fil

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Valencis v. Nyberg

The defendants David Nyberg and CSM North, LLC (CSM),1 appeal from the judgment of the trial court awarding a prejudgment remedy in favor oftheplaintiffs,StanleyValencis,ACSYS,Inc.(ACSYS), and MIG Ventures, LLC (MIG), in the amount of $1,517,389.40.2 On appeal, the defendants claim that (1) the court improperly granted the application for a prejudgment remedy without taking into account the defen

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In the Interest of: R.R. and J.V., children

Rogelio Villa a/k/a Jose Lopez (Father) appeals the trial court’s order in this suit affecting
the parent-child relationship. In two issues, Father contends the trial court abused its discretion
by naming the children’s mother, Bertha Ramirez, sole managing conservator of the children and
by finding he was voluntarily underemployed and basing his child support obligation on a
findi

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Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through

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A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co

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Brownstone Homes Condo. Assn. v. Brownstone Forest Hts.

Defendant Capitol Specialty Insurance Co. has moved to dismiss this appeal on the ground that it has become moot. According to Capitol, the issues to be decided in the appeal pertain to the terms of an agreement settling an underlying construction defect case, but those very terms have been superseded by amendments to the agreement adopted during the pendency of the appeal. We conclude that, becau

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Financial Freedom Acquisition, LLC v. Standard Bank and Trust Company

On July 9, 2009, Mary Jane Muraida (Mary) and Standard entered into a consumer credit transaction for an adjustable rate home equity conversion mortgage, also known as a reverse mortgage, along with an adjustable rate note with Marquette National Bank.2 The note was secured by a condominium located at 10420 South Circle Drive, Unit 21B, Oak Lawn, Illinois, which was the property held in Trust No.

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United States of America v. Hemal Ramesh Jhaveri

Denver, CO - Lone Tree businessman sentenced for conspiracy involving false statements to SBA and false income tax returns

Hemal Ramesh Jhaveri, the owner and former CEO of SofTec Solutions Inc. of Englewood, Colorado, was sentenced in federal court in Denver earlier this week to six months in prison. Jhaveri pleaded guilty earlier this year to conspiring to commit the crimes of making f

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Rai v. WB Imico Lexington Fee

The facts relevant to this appeal are largely undisputed.  In October 2007,5
the Rais decided to purchase an apartment in a condominium building, called6
“The Lucida,” then being erected on East 85th Street in Manhattan.  Imico was7
The Lucida’s developer and sponsor. The Rais identified their attorney on the transaction, John Lewin, to Imico. 9
On October 29, 2007, a legal assista

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Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through

More...   $0 (09-25-2015 - TX)

Joseph Pressil v. Jason A. Gibson, Jason A. Gibson, P.C. d/b/a The Gibson Law Firm, Clifford D. Peel, II, and Andrew C. Smith’s

In this legal malpractice case, appellant Joseph Pressil sued appellees Jason
A. Gibson, Clifford D. Peel, II, Andrew C. Smith, and Jason A. Gibson, P.C. d/b/a
The Gibson Law Firm (collectively, the “Gibson Parties”) for negligence, gross
negligence, and breach of fiduciary duty arising from the Gibson Parties’
representation of Pressil in a lawsuit. The trial court granted the Gib

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Landmark Investment Group, LLC v. CALCO Construction & Development Co

The dispute in the present case has a long and circuitous history, which began more than one decade ago when the plaintiff, Landmark InvestmentGroup,LLC(Landmark),acommercialrealestate developer, entered into a contract to purchase an environmentally contaminated property in the town of Plainville (town) with the hopes of remediating and developingitforcommercialuse.Theselleroftheproperty, Chung F

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Defend Our Waterfront v. Cal State Lands Com

Seawall Lot 351 is an approximately 23,000-square foot triangle-shaped parcel of land located near the corner of Washington Street and the Embarcadero, in close proximity to the San Francisco Ferry Building. Presently, Seawall Lot 351 is used as a surface parking lot serving the Ferry Building and surrounding facilities pursuant to a lease agreement between the City and the Ferry Building’s manag

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Filmore, LLLP v. Unit Owners Ass'n of Centre Pointe Condo.

Centre Pointe Condominium is a residential condominium complex in
Bellingham, Washington. The Unit Owners Association of Centre Pointe
Condominium (Centre Pointe) was formed in May 2003 by a declaration of
condominium (Declaration) recorded in Whatcom County.
The Washington Condominium Act (WCA), chapter 64.34 RCW, governs
condominium complexes created after July 1, 1990.

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Alan Baynes v. Brandon Cleland

Plaintiff-Appellant Alan Baynes appeals the district court’s
grant of summary judgment to Defendants Deputy Brandon Cleland, Deputy Frank Maiorana,
and Macomb County on his claims of excessive force and deliberate indifference to a serious
medical need under 42 U.S.C. § 1983. We hold that Defendants Cleland and Maiorana are not
entitled to qualified immunity for Baynes’ claim of ex

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Mike Birnbaum v. Gena J. Atwell

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We

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Carson Harbor Village v. City of Carson


Carson Harbor Village, Ltd. (the park), is a mobilehome park in the City of Carson (City). It consists of 420 rental spaces on 70 acres of land, 17 acres of which are federally and state regulated wetlands and which is the only open space area within the City. In 2007 the City rejected the park’s application to convert from rental spaces to a subdivision of individually owned lots. The pr

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Erica Tierney v. Advocate Health and Hospitals Corporation

In July 2013 burglars stole four
desktop computers from one of Defendant Advocate Health
and Hospitals Corporation’s administrative offices in Illinois.
The computers contained unencrypted private data relating
to approximately four million Advocate patients. Six of the
affected patients brought this putative class action alleging
that Advocate did too little to safeguard t

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Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas

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United States of America v. Fabian Terran Murray

ATLANTA – Fabian Terran Murray, a/k/a “Shooter,”--one of five men charged in two related cases involving the pimping of three 14-year-old girls and a 16-year-old girl at hotels in Atlanta, Georgia, and elsewhere-- was sentenced to 17 years, nine months in federal prison. This sentencing brings to a close the prosecution of the two sex-trafficking conspiracies.

Defendants Joshua Thomas Hi

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THE PEOPLE v. KEVIN F.,

On October 17, 2013, at about 11:00 p.m., Samuel Merlo boarded the J-Church Muni train at Church and Market Streets in San Francisco. He sat down and took out his cell phone. Merlo noticed a group of three or four young men sitting near him talking to each other. At the jurisdictional hearing, Merlo identified Minor as one of the people in this group. Minor was wearing a white shirt and a base

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Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T

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Sanchez v. Valencia Holding Co.

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o

More...   $0 (08-03-2015 - CA)

Arapaho Owners Association, Inc. and Kattalia v. Alpert, et al.

Initially, this case appeared to require reconciliation of language in a condominium declaration, the Vermont Condominium Ownership Act (VCOA), and the Vermont Common Interest Ownership Act (VCIOA). After untangling the facts and the statutes, however, we resolve the matter in a more straightforward manner. We affirm.

¶ 2. The case began its journey through the legal system

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United States of America v. Marc T. Duchesne

Houston, TX - United Kingdom Man Sentenced to Prison For Two Separate Fraud Conspiracies

Marc T. Duchesne, 53, of London, was sentenced today to 97 months in federal prison on federal charges stemming from separate schemes involving financial fraud in Texas and the District of Columbia, announced Kenneth Magidson, U.S. Attorney for the Southern District of Texas, and Vincent H. Cohen Jr.,

More...   $0 (07-31-2015 - TX)

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