Condominium Law
 
Truly Nolen of America, Inc. v. King Cole Condominium Association, Inc.

Truly Nolen of America, Inc. (“Truly Nolen”) appeals a trial court order
finding that it waived its right to compel arbitration by filing a motion to transfer
venue based on forum non conveniens while simultaneously filing a motion to
compel arbitration. Because the actions taken by Truly Nolen were not
inconsistent with its right to enforce the mandatory arbitration clause in

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Bryan Wyman v. Ayer Properties, LLC

On December 8, 2005, Brian Wyman, Frank Thoms, and Vincent Cascio, as trustees of the Market Gallery Condominium Trust (trustees), filed a civil action against Ayer Properties, LLC (Ayer), seeking damages stemming from the negligent construction of elements of a condominium building by Ayer. The trustees alleged that Ayer -- which had purchased and converted the building in question into condomini

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Jim Nebeker v. Summit County

¶1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker’s negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.
BACKGROUND
¶2 John Rhineer was Nebeker’s accountant prior to Rhineer’s death on November 14, 2003. Later that year, Wells

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The People v. Alejandro Avila

A jury convicted defendant of kidnapping, committing two counts of lewd and lascivious acts on, and then murdering Samantha Runnion under the special circumstances of murder while kidnapping and murder while committing lewd and lascivious acts on a child under the age of 14. (Pen. Code, §§ 187, 190.2, subd. (a)(17)(B) and (E), 207, 288, subd. (b).)1 After a penalty trial, the jury returned a ver

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Beacon Residential Community Association v. Skidmore, Ownings & Merrill, L.L.P.

A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be b

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Meera Upasani v. State Farm General Insurance Company

Meera Upasani and Mohan Upasani, policyholders of State Farm General Insurance Company and State Farm Fire and Casualty Company (collectively, State Farm), were sued for conspiring to aid a mother in abducting her son from his father. State Farm denied the Upasanis’ tender of the defense of that action because abduction claims were not covered claims under the terms of the State Farm policies. T

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United States of America v. Alvaro López Tardón

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 Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Alvaro López Tardón, 39, of Miami Beach and Madrid, Spain, was convicted on 14 counts

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Emil Brasel v. Manhattan Homeowners Association

Appellee, Manhattan Homeowners Association (“MHA”), sued appellant, Emil Brasel, for violations of a deed restriction. The jury determined that Brasel committed five out of twenty alleged violations and awarded MHA a portion of its requested attorneys’ fees through trial. The trial court granted MHA’s motion for

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judgment notwithstanding the verdict, awarding it the full amo

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Spanish Court Two Condominium Association v. Lisa Carlson

¶ 1 This appeal arises out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue is whether an association’s purported failure to repair or maintain the common elements is germane to the proceeding, and thus may be raised by the unit owner in defense of the forcible action. We hold that it is not germane t

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Janet S. Grapentine v. Pawtucket Credit Union

The sole question presented on this appeal is whether the district court properly dismissed the appellant's complaint for lack of subject matter jurisdiction. Finding that dismissal was proper, we affirm the ruling of the district court.

BACKGROUND

In September 2008, appellant Janet S. Grapentine ("Grapentine") entered into a mortgage contract with appellee Pawtucket Credit Union ("P

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James C. Hill v. Didier Degery

Plaintiffs James C. Hill and Dawn L. Hill as trustees under a revocable trust dated February 17, 1977 (the Hills) appeal from a postjudgment order awarding contractual attorney fees to Affirmed Housing Group (Affirmed) under Civil Code section 1717.

We find no abuse of discretion and affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In the underlying suit, the Hills sued San Jose F

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Helen Mayfield v. North Village Green I Homeowner's Association, Inc.

Helen Mayfield sued North Village Green I Homeowner’s Association, Inc., James Patrick Kennedy, and Duane T. Corley. Each defendant filed a motion for summary judgment, which the trial court granted. Mayfield identifies six issues on appeal.

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We affirm.

Background Summary

In 2002, a fire occurred at the North Village Green Condominiums. An insurance dispute a

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United States of America v. James Rhea Cooley

TULSA, OKLAHOMA— United States Attorney for the Northern District of Oklahoma Danny C. Williams Sr. announced today that United States District Court Judge James H. Payne sentenced James Rhea Cooley, a former Regional Human Resource Manager for Newfield Exploration Mid-Continent Inc., a Houston, Texas-based oil and gas company, with offices in Tulsa, Oklahoma, to serve 55 months in Federal priso

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Petrella v. Metro-Goldwyn-Mayer, Inc.

The Copyright Act (Act) protects copyrighted works published before1978 for an initial period of 28 years, renewable for a period of up to 67 years. 17 U. S. C. §304(a). The author’s heirs inherit the renewal rights. See §304(a)(1)(C)(ii)–(iv). When an author who has assignedher rights away “dies before the renewal period, . . . the assignee maycontinue to use the original work only if the

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Lillian Beillewicz v. Marcus MacRae

In these consolidated appeals, Lillian E. Billewicz (Ms. Billewicz) challenges three orders entered in the circuit court: (1) an order denying her motion to intervene in an action for the dissolution of the marriage of Robert Billewicz and Julia MacRae-Billewicz; (2) an order quashing a quitclaim deed executed by Robert Billewicz purporting to transfer property commonly known as 165 Sunrise Court,

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Bruce B. McLeod III v. Alfred Gyr

This is an appeal from a post-answer default judgment rendered against attorney Bruce B. McLeod III on Alfred Gyr’s claims for deceptive trade practices and breach of fiduciary duty. McLeod raises four issues on appeal challenging the sufficiency of the evidence to support the judgment, the trial court’s order denying his motion for new trial, and the trial court’s order reinstating the case

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United States of America v. Thomas Hawkins and John Racasi

CHICAGO, IL― Two former analysts for the Cook County Board of Review were sentenced today for accepting $1,500 to facilitate reducing by more than $10,000 the property taxes on three residential properties. THOMAS HAWKINS was sentenced to 24 months in prison and JOHN RACASI was sentenced to 18 months in prison after they were convicted of federal conspiracy, bribery, and fraud charges. They were

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Juan Romero v. Geovanni J. Fuentes

Juan Romero and Irma Medrano appeal a trial court’s judgment awarding Geovanni Fuentes and Roberto Fuentes $300, the amount of the Fuenteses’ security deposit on an apartment that they intended to rent from Romero. Romero

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and Medrano contend that there was insufficient evidence to support the trial court’s judgment. We affirm.

Background

This case arises

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Carl E. Woodward, L.L.C. v. Acceptance Indemnity Insurance Company

Carl E. Woodward, LLC has filed a petition asking for panel rehearing of the court’s decision in Carl E. Woodward, L.L.C. v. Acceptance Indem. Ins. Co., 743 F.3d 91 (5th Cir. 2014). The petition is DENIED.

Woodward challenges the panel’s conclusion that the claims alleged against it in a “complaint” (actually, cross-claims by a co-defendant), taken together with the damages identifi

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Casa Del Mar Association, Inc. v. Gossen Livingston Associates, Inc.

Appellant, Casa del Mar Association, Inc. (“Casa del Mar”), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA”), for services GLA

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provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati

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United States of America v. Scarlet Veres, and Steven M. Veres, III

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Scarlet Veres, and Steven M. Veres, III, both of Clermont, formerly of Broward County, pled guilty today before U.S. District Judge Robert N. Scola, Jr. for their participation in a scheme to evade pa

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United States of America v. Walter Ryan Macapaz

Former Houston resident Walter Ryan Macapaz has been ordered to prison along with Houston businessman Tony David Maldonado and attorney and former mortgage loan officer Buffy Marie Lawrence for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans, announced United States Attorney Kenneth Magidson along with FBI Special Agent in Charge Stephen L. Morris

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United States of America v. Sarah N. Underwood

Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Galena, Mo., woman pleaded guilty in federal court today to embezzling more than $300,000 from her employer.

Sarah N. Underwood,35, of Galena, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to wire fraud, money laundering and failure to file a tax re

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A to Z Properties, Inc. v. Fariway Palms II Condominium Assoc., Inc.

A to Z Properties, Inc., appeals a circuit court order finding it liable to Fairway Palms II Condominium Association (“Association”) for $16,291.61 in unpaid assessments on a condominium unit that appellant acquired by a tax deed. Because the unpaid assessments did not survive the issuance of the tax deed, we reverse.

In October 2010, appellant purchased a condominium unit for $21,100 a

More...   $0 (03-19-2014 - FL)

IQ Holdings, Inc., Yohanne Gupta and Saroj Gupta v. Villa D'Este Condominium Owner's Association, Inc. and Lee Blask

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

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documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and

More...   $0 (03-13-2014 - TX)

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