Condominium Law
 
State of Utah v. Grace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el

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Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his

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United States of America v. Douglas Edward Henderson

PENSACOLA, FLORIDA – Douglas Edward Henderson, 52, of Fort Walton Beach, Florida, was sentenced to prison and ordered to pay over $1.2 million in restitution following his guilty plea to an Information that charged five counts of submitting a false tax return, two counts of aiding in the preparation of a false tax return, one count of mail fraud, and one count of conspiracy to commit mail and wi

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United States of America v. Brandon Lynn Barber

Fort Smith, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced today that Brandon Lynn Barber, age 38, of New York, New York, was sentenced today to 65 months in prison and three years of supervised release for conspiracy to commit bankruptcy fraud, conspiracy to commit bank fraud, and money laundering. The Honorable P. K. Holmes, III presided over t

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Oxbow Construction, LLC v. The Regent at Town Center Homeowners' Association

In this opinion, we consider several issues raised by
consolidated writ petitions arising out of a construction-defect action.
Specifically, we address whether the district court acted arbitrarily or
capriciously by failing to perform an NRCP 23 class-action analysis,
determining that previously occupied units in a common-interest
community do not qualify for NRS Chapter 40 rem

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Leonard K. Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc.

Pursuant to an order of a bankruptcy court, Leonard K. Hoskins, Colonel Clifton Hoskins, and Hoskins, Inc. (the “Company”) were all parties to an arbitration proceeding. After a final arbitration award was entered with regard to Leonard’s claims against Clifton and the Company, Leonard filed a motion to vacate the arbitration award, while Clifton and the Company filed a motion to confirm the

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Huntington Continental Townhouse Association, Inc. v. Joseph A. Miner

The Orange County Superior Court, after a decision by the appellate division (Huntington Continental Town House Assn., Inc. v. Miner (2014) 222 Cal.App.4th Supp. 13 (Huntington Continental)), certified this case for transfer to this court pursuant to rule 8.1005(a)(1) of the California Rules of Court to address a single question. The question is whether a homeowners association is required by the

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Luani Plaza, Inc. v. Michael Burton d/b/a Burton Family Partnership

This is an appeal from a final judgment rendered after a bench trial,
resolving disputes between Dr. Michael Burton, the owner of two units in Luani
Plaza in the City of Key West, Florida, and Luani Plaza, Inc., the business owner’s
association (the “Association”) which administers the common areas of Luani
Plaza. We summarily affirm the well-reasoned final judgment of the tr

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The People v. Duwan D. Fields

A jury convicted defendants Duwan D. Fields and Claudiens Santrail Griffin of eight counts of pimping, pandering, and committing sexual offenses against minors. Defendants contend their convictions must be reversed due to asserted instructional errors. Griffin further contends his conviction for oral copulation with a minor is not supported by substantial evidence and his felony sentence for the o

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Clyde Klemke v. Radergroup, Inc.

Tulsa, OK - Clyde Klemker and Jennifer Dimaggio f/k/a Jennifer Page sued Radergroup, Inc., David Tyrien, Joanne Tyrien and Excel PM, LLC d/b/a Radergroup Property Management on breach of contract theories claiming:

1. Plaintiffs, Clyde Klemke [hereinafter individually identified as “Klemke”j and Jennifer DiMaggio [hereinafter individually identified as “Page” (otherwise identified

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United States of America v. Alvaro Lopez Tardon

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Alvaro López Tardón, 39, of Miami Beach and Madrid, Spain, was sentenced by U.S.

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Mercury Casualty Company v. Hung Chu

Mercury Casualty Company (Mercury) filed an action seeking declaratory relief regarding its insurance obligation towards students Hung Chu (Chu) and his roommate Tu Pham (Pham). Mercury issued an automobile policy to Chu insuring his
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1995 Honda Accord. Chu was driving, and Pham was a passenger, when Chu collided with a vehicle driven by Krystal Nguyen Hoang (Hoang). Pham filed a personal

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Lee Ann Wheelbarger v. City of El Lago and Richard Smith

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
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damaged” by Hurricane Ike. She claimed that this determination, communicated in a le

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Phillip D. Burkhart v. Tony Lee Ward, et al.

¶1 Phillip D. Burkhart appeals the District Court's Order sustaining Summary Judgment in favor of Appellee, 2300 Riverside Unit Owner's Inc. Burkhart sued Riverside for negligence and Tony Ward for assault and battery. The District Court found that the uncontroverted facts established Riverside had no duty to Burkhart. We disagree and remand for trial.

¶2 The Appellee, 2300 Riverside Un

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Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.

This is an appeal from the district court sitting in its appellate capacity and comes before this Court on review from the Idaho Court of Appeals. We reverse the decision of the district court and remand with instructions.
I. FACTUAL AND PROCEDURAL BACKGROUND
This is a dispute between two collections agencies, Medical Recovery Services, LLC (MRS) and Bonneville Billing and Collections, Inc

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The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive

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Judge Rodrigo v. State Farm Florida Insurance Company

We deny the insured’s motion for rehearing, rehearing en banc, and for certification. We do however withdraw our previously issued opinion and substitute this opinion in its place.
An insured appeals an adverse final summary judgment on her claim for property damage to her condominium, its contents, and related expenses. She argues the trial court erred in entering summary judgment because:

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Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr

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United States of America v. Luis Michael Mendez and Wilkie Perez

Miami, FL - Two Miami, Florida, residents pleaded guilty this week to participating in a mortgage fraud scheme involving the sale of condominium units in the Miami area.

U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Special Agent in Charge Nadine Gurley of the Department o

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Marie Ogle v. Willow Creek I Neighborhood Association, Inc.

Marie Ogle v. Willow Creek I Neighborhood Association, Inc., Budd Proffitt, Tom Cox and Mary Ann Spencer

1. Marie Ogle is the owner of a condominium located at Unit 278 Bldg. A14, 4660 East 68th Street, Tulsa, Oklahoma in Willow Creek Condominium I (“Ogle Property”).
2 Willow Creek Condominium I (“Willow Creek I”) is a suspended Oklahoma
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corporation and has been susp

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Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162

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Camille Haddad v. Alexander, Zelmanski, Danner & Floritto, P.L.L.C.

Plaintiff Camille Haddad (“Haddad”) appeals the order of the district
court granting summary judgment to Defendant law firm Alexander, Zelmanski, Danner &
Fioretti, PLLC, (“Firm”) in this action brought under the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692, et seq., and the Michigan Collection Practices Act (“MCPA”),
Mich. Comp. Laws § 445.251,

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Phillip C. Watrous, Individually, and as Trustee Under the Watrous Family Living Trust v. The State of Texas

The State of Texas sued Phillip C. Watrous, individually and as trustee under the
Watrous Family Living Trust (Watrous), alleging that he violated the Texas Local Government Code
by failing to plat property located in Cameron County that he subdivided for residential use (the
Property). See Tex. Loc. Gov’t Code §§ 232.021-.043 (subdivision platting requirements for
counties nea

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United States of America v. Hyeon Joo Chae, et al.

Michael J. Moore, United States Attorney for the Middle District of Georgia, announced that four defendants were sentenced in Macon today by the Honorable Marc T. Treadwell, United States District Court Judge, in connection with the operation of a place of prostitution and money laundering activities. The charges against the four defendants, all Korean nationals, stemmed from the operation of the

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Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc

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