Condominium Law
 
Ocean Bank v. Caribbean Towners Condominium Association, Inc.

In these consolidated cases, Ocean Bank appeals orders that denied its requests for attorney’s fees against Caribbean Towers Condominium Association.

The Bank claims attorney’s fees as the prevailing party in disputes over unpaid assessments. The Association responds that the trial courts lacked subject matter jurisdiction to grant attorney’s fees. In the alternative, the Associatio

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Mid-Continent Casualty Company v. Robert E. Krolczyk

In this agreed interlocutory appeal, we must determine whether the insurer, Mid-Continent Casualty Company, owed its insured, Robert Krolczyk, a duty to defend in a suit involving damage to a road built by Krolczyk. Mid-Continent contends that it had no duty to defend because two exclusions in its commercial general liability policy barred insurance coverage. Because the allegations potentially su

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Tamer Salameh v. Tarsadia Hotel

A transaction that looks nothing like a sale of stock and involving such diverse items as citrus groves and vacation homes may qualify as a sale of a security under federal law. See SEC v. W.J. Howey Co., 328 U.S. 293 (1946); Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989) (en banc). Here, we must decide whether Plaintiffs-Appellants have alleged the sale of a security based on their purchase of

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Pulte Home Corporation v. Bay at Cypress Creek Homeowners' Association, Inc.

Pulte Home Corporation (Pulte) seeks review of the circuit court's order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners' Association, Inc. (the HOA), for alleged building code

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violations under section 553.84, Florida Statutes (2011). 1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermilli

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Alice Donahue v. First American Title Company

Appellant, Alice Donahue, appeals from the trial court’s summary judgment in favor of appellee, First American Title Company. By one issue, Donahue contends that a fact issue remains regarding her claim that appellee owed a duty to pay her a commission. We affirm.

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I. BACKGROUND

Donahue served as a real estate agent for the sale of a condominium by Sapphire, VP, LP to Macua

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J. John Marshall v. Buttonwood Bay Condominium Association, Inc.

Petitioner, J. John Marshall (“Marshall”), seeks a writ of certiorari quashing an order granting Buttonwood Bay Condominium Association, Inc.’s

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(“Association”) motion for a protective order barring Marshall from deposing the Association’s Corporate Representative, Board President, and Property Manager (collectively, the “Association’s representatives”). For the re

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Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

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(“SVI”). As

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Rick Wolfe Roofing & Construction, Inc. v. Copperchase Condominium Owners' Association

Rick Wolfe Roofing & Construction, Inc. sued Copperchase Condominium Owners' Association on a breach of contract theory claiming:

1. That Wolfe is an Oklahoma Corporation doing business in the State of Oklahoma; that the Defendant, CCOA, is an Oklahoma Domestic Not for Profit Corporation doing business in the State of Oklahoma; and that the cause of action herein complathcd of arose in Okla

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John F. Vecchio v. Randall D. Jones

This is a defamation suit arising out of a dispute between members of a homeowner’s association. In this appeal, we consider whether the trial court properly granted Randall D. Jones’s motion for summary judgment on John F.

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Vecchio’s defamation claims against him. Specifically, we address (1) whether the statements were opinions, (2) substantially true, or (3) made with actua

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Yigal Bosch v. Braes Woods Condominium Association

This suit arises from the foreclosure of eighteen condominium units in the Braes Woods Condominium complex. Yigal Bosch sued the Braes Woods Condominium Association for wrongful foreclosure. Braes Woods moved for summary judgment, contending, among other things, that res judicata bars Bosch’s suit. The trial court granted the motion. Bosch appeals that ruling, and the trial

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court

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SB Liberty, LLC v. Isla Verde Association, Inc.

In 2006 Gregg and Janet Short (together the Shorts, who are not parties to this appeal but are interested persons) purchased a home in the Isla Verde residential community (Isla Verde). They then transferred title to themselves as trustees of their family trust and later transferred title to plaintiff SB Liberty, LLC (SB Liberty), a California limited liability company organized in early 2011, whi

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Blue Danube Property LLC v. Mad52 LLC

Order, Supreme Court, New York County (Paul Wooten, J.), entered December 19, 2012, which, to the extent appealed from, granted plaintiff's motion for summary judgment cancelling a mortgage, granted third-party defendant Brown, Harris, Stevens on Site Marketing and Sales LLC's (BHS) motion to dismiss the third-party complaint as against it, and denied defendant/third party plaintiff Mad52 LLC's cr

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Matter of Brodsky v New York City Campaign Fin. Bd.

Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered July 16, 2010, which, to the extent appealed from as limited by the briefs, in a turnover proceeding pursuant to CPLR 5225(b), directed the sale of stock held by petitioner judgment debtor Meryl Brodsky, unanimously affirmed, without costs.

The turnover proceedings at issue on this appeal arise

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G. T. LEACH BUILDERS, L. L. C., ET AL. v. SAPPHIRE VP, LP

This is an interlocutory appeal challenging the trial court’s denial of appellants’ motions to compel arbitration. Appellee, Sapphire, V.P., L.P. sued appellants for breach of contract and negligence for damage to its condominium complex caused by Hurricane Dolly. The appellants include: (1) the architectural firm that designed the

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condominium complex, ZCA Residential, LLC (“

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The People v. Timothy N.

Timothy N., a juvenile, pled guilty to one count of burglary of an inhabited dwelling, a felony, in exchange for the dismissal of five other counts and the agreement of the prosecutor that if Timothy "successfully complete[d] probation" the prosecutor would dismiss the residential burglary allegation and reduce the charge to a misdemeanor. The parties did not further define "successfully complete

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Ronay Family Limited Partnership v. Robert R. Tweed

Robert R. Tweed (Tweed) and his investment firm, Tweed Financial Services, Inc. (TFI), appeal the order denying their petition to compel arbitration of claims for damages asserted against them by Ronay Family Limited Partnership (Ronay). The claims arose out of Tweed's provision of advice concerning Ronay's purchase of investments offered by CapWest Securities, Inc. (CapWest), for which Tweed and

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David S. Band v. Harold L. Libby

David S. Band appeals the trial court's order granting in part and denying in part a motion for judgment notwithstanding the verdict and motion for new trial filed by Harold L. Libby and Libby St. John, L.L.C. (collectively, the Libby parties). Mr. Band

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also challenges the trial court's denial of his motion for directed verdict on several grounds. The Libby parties cross-appeal

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Jacqueline Goldberg v. 401 North Wabash Venture LLC, et al.

Jacqueline Goldberg sued 401 North Wabash Venture LLC, Trump Chicago Managing Member LLC, Donald Trump on breach of contract and fraud theories claiming that Trump did not perform on a promise to share the profits on a luxury hotel and condominium development in which she invested by buying two units in the project in 2006. She claimed to have lost $500,000 sought much more in damages from Mr. Tr

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Elite Door & Trim, Inc. v. Deidree Tapia d/b/a Tapia Construction

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El

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Sterling Investment Group, LLC v. Board of Managers of the Brentwood Forest Condominium Association

The Board of Managers (Board) of the Brentwood Forest Condominium Association (Association) appeals the trial court’s declaratory judgment in favor of unit-owner Sterling Investment Group (Sterling). We reverse and enter judgment in favor of the Board pursuant to Rule 84.14.

Background

The Board is the governing body of the Association, which comprises 1,425 condo units. Sterli

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Terri Greig v. Maged S. Botros, M.D.

Terri Greig brought this medical malpractice action against Dr. Maged Botros in the District of Kansas based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The decedent Michael Greig, Terri Greig’s husband, died from a ruptured aortic dissecting aneurysm, which occurs when the aorta tears. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. ___________________

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City of Palm Bay v. Wells Fargo Bank, N.A.

In this case we consider whether a municipal ordinance may validly establish superpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingl

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Diane Jenkins v. JP Morgan Chase Bank, N.A.

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a

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Bruce Berlin v. Renaissance Rental Partners, LLC d/b/a Renaissance Condominium Partners, II

The Interstate Land Sales Full Disclosure Act (“ISLA”), 15 U.S.C. § 1701 et seq., “protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments, including condominiums, by mandating that developers make certain disclosures.” Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673, 676 (2d Cir. 2012). The question presented in this appeal is whether

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James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

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and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w

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