Condominium Law
 
Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c

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Karen Marie Kline a/k/a K.M. Kline v. Deutsche Bank National Trust Company

Karen Marie Kline filed this adversary proceedi ng in the United States Bankruptcy Court for the District of New Mexico, seeking damages from the defendants under 11 U.S.C. § 362( k) based on their alleged willful violation of the automatic stay. The bankruptcy court granted summary judgment in favor of the defendants. The Tenth Circuit Bankrupt cy Appellate Panel (BAP) affirmed. Kline v. Deutsch

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Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T

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Xiadong Li v. DDX Group Investments, LLC d/b/a Dong Tin Chinese

Xiaodong Li appeals the trial court’s judgment denying his petition for a bill of review concerning a default judgment taken against him by DDX Group Investment, LLC, d/b/a Dong Tin Chinese Restaurant. In four issues, Li argues (1)

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he was not properly served with process in the underlying suit, (2) he was not required to file a restricted appeal before bringing this action, (3) t

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United States of America v. Anthony Dapolito

This is an appeal by the government from the district court's grant of defendant Anthony Dapolito's motion to suppress evidence (a firearm) as the fruits of an unconstitutional detention. United States v. Dapolito, No. 2:12-cr-00045-NT, 2012 WL 3612602 (D. Me. Aug. 21, 2012).

The prosecution does not challenge on appeal the district court's findings of historical fact. Rather, it

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Michael Burke v. 401 North Wabash Venture, LLC

Michael Burke signed a contract to purchase a condominium unit and two parking spaces in the Trump International Hotel & Tower in downtown Chicago for about $2.2 million. Burke made two earnest payments totaling 20% of the purchase price. When it came time to close, however, Burke refused to pay. He filed this lawsuit after the developer declined to refund his earnest money. Burke maintains

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The Calypso Developers I, LLC v. Pelican Properties of South Walton, LLC

The Calypso Developers I, LLC (“Calypso”), appeals the final judgment entered in an action for equitable reformation brought by Appellee, Pelican Properties of South Walton, LLC (“Pelican”). The judgment grants Pelican’s

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claims, based on mutual mistake, for reformation of a purchase and sale agreement and the concomitant special warranty deed to include a condominium unit

More...   $0 (03-28-2013 - FL)

Raji J. Zaher v. Michael J. Miotke

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus

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Gustavo E. Vasquez v. Greene Motors, Inc.

After plaintiff Gustavo E. Vasquez purchased a used car on credit from defendant Greene Motors, Inc. (Greene), the vehicle‘s financing was assigned to defendant American Honda Finance Corporation (Honda). When Vasquez later sued Greene and Honda in connection with the terms of the financing, defendants petitioned the superior court to compel arbitration of the matter under a clause in the sales

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Brent Timerman d/b/a Timmerman Custom Builders v. Richard Dale

In this breach of contract suit, Brent Timmerman d/b/a Timmerman Custom Builders appeals the trial court’s order denying his motion for summary judgment and awarding Richard P. Dale, Jr. damages for lost rental value for failing to proceed with reasonable diligence in remodeling Dale’s homestead residence. In a single issue, Timmerman contends Dale’s claim falls under the Residential Constru

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Donna R. Wendler v. City of St. Augustine, Florida

Donna R. Wendler, Scott Wendler, and Wendler Properties III, Inc. (collectively, “the Wendlers”), brought this action against the City of St. Augustine under the Bert J. Harris, Jr., Private Property Rights Protection Act, section 70.001, Florida Statutes

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(2010) (“Harris Act”).1 The trial court found the action was untimely and dismissed the complaint with prejudice. We rev

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David S. Band v. Harold L. Libby and Libby St. John, LLC

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-ap

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Esperanza Real Estate Investments, LLC v. Dequean J. Steele

Esperanza Real Estate Investments, LLC sued Dequean J. Steele and Dequean Steele on breach of contract theories claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15,

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Esperanza Rezl Estate Investments, LLC v. Dequean J. Steele

Esperanza Rezl Estate Investments, LLC sued Dequean J. Steele on a breach of contract theory claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15, 2010, Steele

More...   $93935 (03-09-2013 - OK)

Isaac McQueen v. Jordan Pines Townhomes Owners Association, Inc.

¶1 Defendant Jordan Pines Townhomes Owners Association, Inc. appeals the district court’s grant of partial summary judgment in favor of plaintiff, Isaac McQueen. McQueen cross‐appeals the district court’s denial of his requested attorney fees. We affirm.

BACKGROUND

¶2 Jordan Pines Townhomes Owners Association, Inc. (the Association) is a condominium association located in Wes

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Robert Scott Howell v. Sandra Liliana Howell

This is an appeal from a divorce and child-custody jury trial. By eleven issues— which we consolidate into five—appellant Robert Scott Howell contends that the trial court erred by: (1) making an improper comment on the evidence; (2) overruling several of his evidentiary objections; (3) overruling his expert challenge; and (4) overruling his motion for judgment notwithstanding the verdict on t

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Catherine O. Duncan v. Mill Management Company of Greenwicch, Inc.

This appeal arises from a negligence action brought by the plaintiff, Catherine O. Duncan, against the defendants, Mill Management Company of Greenwich, Inc. (management company), and the Greenwich Chateau Condominium Association (condo- minium association), after the plaintiff fell and was injured when stepping down from the roof deck of the Greenwich Chateau Condominiums (condominium building),

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Bryan P. Butler v. Mask Development, LLC

Bryan P. Butler sued Mask Development, LLC, Mary Kean, Aaron Talton, Shawn Linfoot, Kristin Vannaconne and Keane Realtors, Inc. on negligence theories:

1. Plaintiff Bryan Butler is an individual residing in Tulsa County, State of Oklaho4i.

2. Defendant Mask Development, LLC is an Oklahoma Limited Liability Compy doii1g business in Tulsa County, State of Oklahoma.

3. Defe

More...   $1 (02-15-2013 - OK)

International Risk Control, LLC v. Seascape Owners Association, Inc.

Seascape Owners Association, Inc. (―Seascape‖) is the managing corporation of a large condominium complex on Galveston Island. In September 2008, following the torrent of Hurricane Ike, many units on the property sustained extensive damage from water and wind. Seascape tried to assess the damage in the aftermath of the storm and collect the sums that it believed were due under its various insu

More...   $0 (02-19-2013 - TX)

John Scheenstra v. California Dairies, Inc.

Plaintiff John Scheenstra was a member of defendant California Dairies, Inc. (Cal Dairies), a member-owned milk marketing and processing cooperative. After Cal Dairies instituted internal production quotas for its members and reduced payments for milk deliveries in excess of the quotas, Scheenstra sued for breach of contract claiming his quota was too low. The contract provision in question obliga

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Hans J. Rapold v. Baxter International, Inc.

Hans J. Rapold, who is Swiss, sued the pharmaceutical company Baxter International, Incorporated (“Baxter”) after it revoked an employment offer for him to work as the Medical Director of Cellular Therapy at its corporate headquarters in Deerfield, Illinois. Dr. Rapold sued Baxter in state court and alleged a number of state law causes of action, but Baxter removed the case to federal court in

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The Balmoral Condominium Association v. Grace Grimaldi

The Balmoral Condominium Association (“Balmoral”) appeals from an order that granted Grace Grimaldi’s (“Ms. Grimaldi”) motion to vacate a final judgment. Because the motion was not authorized by either rule 1.530 or 1.540 of the Florida Rules of Civil Procedure, we reverse the order granting the motion to vacate and leave the final judgment intact. This case illustrates the danger of con

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Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.

Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse.

In July 2008, Appellee initiated lien foreclosure proceedings against the owner of unit #402 (the Unit) in the Spiaggia Ocean Condominium located at 9499 Collins Avenue in Surfside. In July of 2009, Appellee obtained a default f

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Diamond Aircraft Industries, Inc. v. Alan Horowitch

This case is before the Court for review of four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that are determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const.

FACTS AND PROCEDURAL HISTORY

The four certified questions bef

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Mouris Ahdout v. Majid Hekmatjah

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole

More...   $0 (01-26-2013 - CA)

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