Condominium Law
 
Luca Baricchi v. Loraine Barry

Luca Baricchi appeals the final judgment dissolving his marriage to Loraine Barry. We find merit in his first contention that the trial court erred in proceeding on Ms. Barry's amended petition and reverse.1 1This disposition moots Mr. Baricchi's second contention that the trial court erred in distributing the equity of property located in Italy.

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BACKGROUND

Ms. Barry ins

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The Leila Corporation of St. Pete v. Fareed Ossi

The Appellants, the Leila Corporation of St. Pete; Susan J. Agia, individually and as trustee of the Susan J. Agia Living Trust; and Dr. Raymond Agia, appeal a final judgment, which the Appellees, Fareed Ossi; Ossi Consulting Engineering, Inc.; and Ossi Construction, Inc., also appeal. The trial court entered a final judgment on numerous claims and counterclaims. It denied relief to all parties se

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Carla Cracchiolo v. Eastern Fisheries, Inc.

Shortly after midnight on January 28, 2011, Giuseppe Cracchiolo fell and drowned after slipping from an obviously hazardous place on a pier at a New Bedford fishery while attempting to return to the commercial fishing boat on which he was working. His wife Carla Cracchiolo, acting individually and as administratrix of the estate, sued defendants RCP Realty and Eastern Fisheries, Inc. for damages

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Kazandra Bern v. Marcelle Camejo and Dafne Acevedo

Kazandra Bern (“Bern” or “Plaintiff”) appeals the trial court’s order denying
a motion for new trial. The issue is whether the trial court erred in permitting the
Defendants to introduce evidence and argue to the jury that one of the trial
witnesses had been sued and was originally named as a defendant in the case, in
violation of section 768.041(3), Florida Statutes (201

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Jamestowne Homeowners Association Trustees v. Shannon E. Jackson

Shannon E. Jackson (“Homeowner”) appeals the Circuit Court of St. Louis County’s judgment following a bench trial in favor of Jamestowne Homeowners Association Trustees (“Association”) and against Homeowner for delinquent assessments, interest, collection costs, and attorneys’ fees. Homeowner argues that the trial court erred in: (1) entering judgment in favor of Association because As

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Lisa M. Detourney, et al. v. City of Coral Gables, etc., et al.

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A

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Jennifer Bellevue v. Frenchy's South Beach Cafe, Inc.

Jennifer Bellevue sued Frenchy's South Beach Café, Inc. ("Frenchy's"), for personal injury damages that she sustained when she was attacked inside Frenchy's premises by one or more intoxicated patrons who had been consuming alcohol there for

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several hours prior to "last call" when the attack occurred. Before trial, following a hearing on Frenchy's motion in limine, the court r

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Janos Farkas v. Aurora Loan Services, LLC Aurora Bank FSB, Et

Plaintiff/appellant Janos Farkas appeals from a joint no-evidence and traditional summary judgment granted in favor of defendants/appellees Aurora Loan Services, LLC (Aurora), Aurora Bank FSB (Aurora Bank), and Federal National Mortgage Association in a non-judicial foreclosure lawsuit. In four issues, Farkas argues Aurora is not the mortgagee or mortgage servicer and, therefore, Aurora lacked the

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Suzana Popescu v. Laguna Master Association, Inc.

Suzana Popescu (Popescu) seeks prohibition to bar the Palm Beach Circuit Court from exercising jurisdiction over a motion for rehearing in a post-judgment foreclosure action. We deny th e petition for reasons which follow.

Respondent Laguna Master Association, Inc. (Association) sued Fay Morrison (Morrison) for unpaid homeowner’s association dues and obtained a final judgment against he

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Premier Finishes, Inc. v. Chris Maggirias

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of - 2 -

the law by discharging the claim of lien without determini

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Sundial, Inc. v. The Villages at Wolf Hollow Condominium Homeowner's Association

¶1 Sundial Inc. (Sundial) appeals from a judgment awarding it damages for unjust enrichment on the ground that the trial court failed to include prejudgment interest. We affirm.

¶2 The underlying claim for equitable relief relates to The Villages at Wolf Hollow development, a sixty‐four unit condominium project (the Project) in Salt Lake County. The original developer of the Project was

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Jeff Burningham v. Westgate Resorts, Ltd.

¶1 Westgate Resorts, Ltd. (Westgate) appeals from the district court’s entry of summary judgment in favor of Jeff Burningham in Burningham’s action for the return of $89,900 that he had paid to

1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud.

Admin. R. 11‐201(6).

Burningham v. Westgate Resorts<

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Granada Lake Villas Condominium Association, Inc. v. Metro-Dade Investments Co., et al.

Granada Lakes Villas Condominium Association (“Granada”) argues that the Second District Court of Appeal in Metro-Dade Investments, Co. v. Granada Lakes Villas Condominium, Inc., 74 So. 3d 593 (Fla. 2d DCA 2011), erred because sections 617.1432, 718.117, and 718.1124, Florida Statutes (2010), restrict a trial court’s inherent, equitable authority to appoint a receiver in an action involving

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Robert Friedrich v. Fetterman and Associates, P.A.

The Petitioners seek review of the decision of the Fourth District Court of Appeal in Fetterman & Assocs., P.A. v. Friedrich, 69 So. 3d 965 (Fla. 4th DCA 2011). In this negligence case, the key issue is whether the Fourth District Court of Appeal impermissibly reweighed the testimony of expert witnesses during trial. We conclude that by reweighing the evidence, the Fourth District’s decision bel

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Colleen Hill v. Superior Property Management Services, Inc.

¶1 A condominium resident was injured when she tripped on a group of tree root offshoots concealed within the grassy common area of her complex. She sued the complex‘s contract property management company, which was tasked with performing some maintenance activities in that area. She claimed that the company had been negligent in dealing with the tree offshoots, asserting that it had breached d

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Weber County v. Ogden Trece aka Centro City Locos

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for

WEBER CO. v. OGDEN TRECE

Opinion of the Court

extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction.

¶2 Weber County (Count

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Colony Cove Properties, LLC v. City of Carson

Appellant Colony Cove Properties, LLC, a Delaware limited liability company, is the owner of the Colony Cove Mobile Estates, a mobilehome park (the Park) containing approximately 400 spaces, located in respondent City of Carson (the City). At the time appellant purchased the Park, it was rent controlled.1 Appellant submitted applications for rent increases in September 2007 and again in September

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Carolyn Bearden v. Delaware Crossing Condominiums Association, Inc.

Carolyn Bearden sued the Delaware Crossing Condominiums Association, Inc. on a premises liability theory.

Delaware Crossing appeared and moved for summary judgment in its favor asserting:

COMES NOW Defendant, Delaware Crossing Condominiums Association, Inc, and pursuant to 12 Okia. Stat. §2056 and Rule 13 of the Rules for District Courts, moves for sununary judgment on Plaintiff’s

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Ramesh Kapur d/b/a AIC Management Company v. Fondren Southwest Tempos Association

Fondren Southwest Tempos Association sued Ramesh Kapur (d/b/a AIC Management Company) for unpaid maintenance assessments and violating various deed restrictions in the Fondren Southwest Tempos townhouse complex. The trial court granted the Association’s motion for summary judgment. Kapur appeals, contending that (1) the Association failed to conclusively prove each of its claims

2
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Alpha Data Corporation v. HX5, L.L.C.

Appellant, Alpha Data Corporation, a government contractor that provides information technology and engineering services, filed a multi-count complaint against Appellees HX5, Margarita Howard, Timothy Deckert, and Tracy Allen.1 Count I alleged theft of trade secrets, Count II alleged Appellees breached a teaming agreement, Count III alleged breach of a “Mentor-Protege Agreement”, Count IV alle

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Friars Village Homeowers Association v. Charles I. Hansing

This appeal arises from a judgment issued after a bench trial in these two consolidated cases, on a stipulated record, (1) granting declaratory relief at the request of a homeowners association of a common interest development, that an election rule it adopted is valid and enforceable; and (2) denying an owner's request in his small claims case to challenge that rule as inconsistent with the devel

More...   $0 (10-09-2013 - OK)

Paraic O'Donoghue v. Performing Arts, LLC

In a commercial real estate transaction, Paraic O‟Donoghue, Tony Manning, Enda G. Quigley, Sean Murphy, Daniel Walsh, and Christopher Flood (collectively defendants) each signed a separate personal continuing guaranty in favor of a lender. The guaranty agreements (agreements) contained a provision authorizing dispute resolution through judicial reference. (Code Civ. Proc., § 638.)1 In its actio

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Premier Finishes, Inc. v. Chris Maggirias

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the

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discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of the law by discharging the claim of lien without ho

More...   $0 (09-25-2013 - FL)

John Mieme v. Erwin Lsshofer

An unconventional real estate financing scheme presents us with some unconventional legal questions. Questions ranging from whether an Austrian financier should be denied access to the American legal system because he failed to comply with an order freezing his assets worldwide — to whether the district court had the power to issue such a far-flying order in the first place.

Our case st

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Siegel Development, LLC v. Peak Construction, LLC

¶ 1 The instant consolidated appeals concern a two-story four-unit building purchased by plaintiffs, Siegel Development, LLC, Gary Siegel, and Ross Siegel, for the purpose of converting the building into condominium units. Plaintiffs allege that they purchased the property in reliance on a promise from several of the defendants that defendant Peak Construction LLC would perform the renovations ne

More...   $0 (08-28-2013 - IL)

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