Condominium Law
 
Viola Chambers v. HSBC Bank USA, N.A.

Plaintiff-Appellant Viola Chambers
(“Chambers”) appeals from a district court order dismissing her claims of fraud against HSBC
Bank, USA, and numerous other defendants.1 Chambers also asserts that the district court erred
1Chambers named 26 defendants below, and renames them all on appeal: HSBC Bank USA, N.A.
(“HSBC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); Signa

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EVEN ZOHAR CONSTRUCTION & REMODELING, INC. V. BELLAIRE TOWNHOUSES, LLC, et al.

Plaintiff Even Zohar Construction & Remodeling, Inc., sued defendants Bellaire Townhouses, LLC, Samuel N. Fersht and the Fersht Family Living Trust for breach of contract and related claims arising out of a project to develop a condominium in North Hollywood. Defendants unsuccessfully petitioned to compel arbitration and then failed to file a responsive pleading to the complaint. Thereafter, the

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Viola Chambers v. HSBC Bank USA, N.A

On April 5, 2006, Chambers and her son purchased a residential condominium in Novi, Michigan. The total cost of the condo was $608,294.00. They financed the purchase with $25,000.00 from Chambers’ personal funds and obtained a mortgage loan from Fremont Investment and Loan (“FILC”) in the amount of $583,294.00 (the “first mortgage”). Chambers and her son also took a second mortgage loan on the

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LINDEN GREEN CONDOMINIUM ) ASSOCIATION v. UBALDO CESAR

Plaintiff/Counterclaim-Defendant Linden Green Condominium Association
(“Plaintiff”) brings this action against Defendant/Counterclaim-Plaintiff Ubaldo Cesar’s
(“Cesar”) for failure to pay condominium association fees. Cesar filed a counterclaim against
Plaintiff, alleging Plaintiff failed to repair a leaking pipe in his condominium unit resulting in
damage to the unit.

More...   $20526 (07-17-2015 - )

THE PEOPLE v. STEPHANIE ILENE LAZARUS,

Appellant Stephanie Ilene Lazarus, a 25-year veteran of the Los Angeles Police Department (LAPD), was charged and convicted of first degree murder in the shooting death of Sheri Rasmussen, the wife of appellant’s former lover, John Ruetten. The 1986 crime was not solved until 2009, when a DNA profile obtained from a bite mark on Rasmussen’s arm was matched to appellant. At trial, the prosecution

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United States of America v. Lorraine Cyr

WASHINGTON, DC – Lorraine Cyr, 58, pled guilty to charges stemming from the embezzlement of over $380,000 from her employer and properties that she managed. Cyr, of Palm Bay, Fla., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud and one count of income tax evasion. The Honorable Senior Judge Royce C. Lamberth scheduled sentencing for Oct. 19, 2015. Th

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Arapaho Owners Association, Inc. and Mark Kattalia V. Linna 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 syst

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MICHAEL KONZEN vs. EMALEE GOEDERT

Michael Konzen appeals the district court’s decision, which denied his
petition to modify the physical care provisions of the custodial decree. He
maintains that he should have physical care of his two daughters, while the
mother, Emalee Goedert, should have supervised visitation. At a minimum, he
claims he should not have been ordered to have only supervised visitation. He

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Wanda DiPaola Stephen Rinko General Partnership v. Beach Terrace Association, Inc.

Wanda DiPaola Stephen Rinko General Partnership (the partnership)
appeals the trial court's denial of the partnership's amended motion for costs and
attorney's fees and its award of costs and attorney's fees in favor of Beach Terrace
Association, Inc. (the association). We affirm the trial court's award of attorney's fees to

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the association and its denial of fee

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Karen Bennett v. Walton County

The Bennetts own a beachfront triplex and adjacent lot known as “The Lawn” in south Walton County that they rent many times each year for weddings,
2
graduation parties, reunions, and other events. Their property sits within a county-designated “Residential Preservation Area” district surrounded by family dwellings. In 2010, the Bennetts’ neighbors began to complain to the County about eve

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Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a

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Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus

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Beldon Roofing Company v. Sunchase IV Homeowners' Association, Inc.

Beldon Roofing Company appeals the district court’s order denying its motion to
compel arbitration pursuant to the Federal Arbitration Act (FAA). See generally 9 U.S.C.
2
§§ 1–16 (West, Westlaw through P.L. 113-296). By one issue, Beldon contends that it
has the legal right to arbitrate pursuant to its original contract. We affirm.
I. BACKGROUND
In 2008, appellee Sunc

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Shirley K. Mock v. Rodney Ruthrauff

Tulsa, OK - Shirley K. Mock sued Rodney Ruthrauff on a premises liability theory claiming:

1. SHIRLEY K. MOCK was at all times pertinent hereto a resident at Florence Park Apartment Homes, in the vicinity of 3109 East 25th Place, Tulsa, Tulsa County, Oklahoma.
2. Defendant RODNEY RUTHRAUFF was at all times pertinent hereto a esident of Tulsa County, state of Oklahoma, and was the owne

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Alachua County v. Expedia, Inc.

This case is before this Court for review of the decision of the First District
Court of Appeal in Alachua County v. Expedia, Inc., 110 So. 3d 941 (Fla. 1st DCA
2013). In its decision, the district court certified the following question of great
public importance:
DOES THE “LOCAL OPTION TOURIST DEVELOPMENT ACT,”
CODIFIED AT SECTION 125.0104, FLORIDA STATUTES,
IMPOSE A T

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Etelvina Jimenez v. 24 Hour Fitness USA, Inc.

Plaintiffs Etelvina and Pedro Jimenez appeal from summary judgment in favor of
defendant 24 Hour Fitness USA, Inc. (“24 Hour”) in plaintiffs’ negligence action
stemming from a catastrophic injury sustained by Etelvina while using a treadmill at 24
Hour. Plaintiffs asserted that 24 Hour was grossly negligent in setting up the treadmill in
a manner that violated the manufacture

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Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i

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Ismael Rosas v. BASF Corporation

Plaintiff and appellant Ismael Rosas appeals from judgments entered after the trial court granted summary judgment in favor of defendants and respondents BASF Corporation; Berje Inc.; Citrus and Allied Essences Ltd.; Centrome, Inc., dba Advanced Biotech; Elan Chemical Company, Inc.; Emoral, Inc.; O’Laughlin Industries, Inc.; O’Laughlin Industries Co., Ltd.; and O’Laughlin Tianjin Industries

More...   $0 (05-21-2015 - CA)

Vista Golf, LLC v. Vista Royale Property Owners Association

Vista Golf, LLC appeals a final judgment entered after trial in its action for declaratory and injunctive relief to nullify or limit protective covenants applicable to a golf course. Vista Golf argues that the trial court properly invalidated two covenants (an Operation Covenant and a Unity of Title Covenant), but improperly rewrote the Operation Covenant and added a restriction that the property

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Colleen C. Piccone v. John W. Bartels, Jr.

Following an encounter between the
parties, Defendant, a local police chief, called Plaintiffs'
employer to complain about their behavior during the incident.
Plaintiffs filed suit, alleging, inter alia, slander and
interference with advantageous business relations. The district
court granted summary judgment to Defendant on both counts. We
affirm.
I. Background
Col

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Mary McCulley v. U.S. Bank of Montana

¶1 U.S. Bank of Montana (hereinafter U.S. Bank or the Bank) appeals from the
judgment entered by the Eighteenth Judicial District Court, Gallatin County, following a
jury trial. In 2006, Mary McCulley (McCulley) purchased a condominium in Bozeman
and sought a 30-year residential financing loan from Heritage Bank, predecessor to U.S.
Bank, in the amount of $300,000. In June 2009, M

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Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses
taxable property within the county and records legal documents. (Gov. Code, § 27231;
Rev. & Tax. Code, § 401.)1
The Assessor-Recorder maintains two different sets of maps
in its office: (1) assessor’s maps or block book maps, which are used to locate and
identify property for tax assessment purpose

More...   $0 (05-08-2015 - CA)

Frank Cafferkey v. City and County of San Francisco

The San Francisco Assessor-Recorder’s Office (Assessor-Recorder) assesses taxable property within the county and records legal documents. (Gov. Code, § 27231; Rev. & Tax. Code, § 401.)1 The Assessor-Recorder maintains two different sets of maps in its office: (1) assessor’s maps or block book maps, which are used to locate and identify property for tax assessment purposes (assessor’s maps)

More...   $0 (05-08-2015 - CA)

Twin Towers Condominium Association, Inc. v. Bel Fury Investments Group, LLC

Bel Fury Investments Group, L.L.C. (Bel Fury), owns property located in the Twin Towers Condominium in Omaha, Nebraska. After Bel Fury failed to pay assessments for this property (Unit SCB), the Twin Towers Condominium Association, Inc. (the Association), recorded two notices of lien and filed a foreclosure action. When the Association filed the notices of lien and the complaint, it was levying as

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Gerry Mihas v. Youssef Chtioui, New City Cab Company, Moon Kyu Lee, Sun Taxi Association, Inc., Sun Financial Services, Inc. and John Bin Lee

Chicago, IL - Gerry Mihas sued Youssef Chtioui, New City Cab Company, Moon Kyu Lee, Sun Taxi Association, Inc., Sun Financial Services, Inc. and John Bin Lee on auto negligence theories claiming to have been injured and damaged as a direct result of being hit by a taxi while crossing Schiller Street at its intersection with Clark Street in downtown Chicago. Defendant, Chtioui, was drving a taxi i

More...   $350000 (04-01-2015 - IL)

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