Neil Grossman v. Park Fort Washington Association |
This appeal involves a dispute between a homeowners association and property owners who built a cabana and fireplace in their backyard without obtaining prior approval from the homeowners association. The homeowners association contends the applicable governing documents prohibited the cabana and fireplace. Thus, the homeowners association concludes it properly denied the owners‟ request for a v $0 (01-15-2013 - CA) |
Long Trail House Condominium Association v. Engelberth Construction, Inc. |
¶ 1. SKOGLUND, J. This litigation stems from the construction of a 143-unit condominium complex known as the Long Trail House at Stratton Mountain, Vermont. Plaintiff Long Trail House Condominium Association appeals from the trial court’s order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argues that th $0 (09-28-2012 - VT) |
Kay H. Cox v. Commonwealth Land Title Insurance Company |
[¶1] Kay Cox appeals from the entry of a summary judgment in the Superior Court (York County, Fritzsche, J.) in favor of Commonwealth Land Title Insurance Company (Commonwealth) determining that Commonwealth had no duty to defend Cox against a claim from a third party that Cox’s property is subject to a view easement. We vacate the judgment. |
Estoril, Inc. v. Mayfield Condominium Association, Inc. |
Estoril Incorporated (“Estoril”) appeals a final judgment entered by the trial court after granting summary judgment in favor of Mayfield Condominium Association, Inc. (“Mayfield” or the “Association”). For the reasons set forth below, we reverse. |
Dale J. Jackson v. The Palms of Perdido, LLC |
This case involves a dispute over the construction and sale of a condominium unit. Appellants, Dale and Pamela Jackson (the “Jacksons”), appeal the trial court’s entry of summary judgment in favor of Appellee, The Palms at Perdido (“The Palms”) on their claims for breach of contract and violations of section 718.202, Florida Statutes. We affirm the trial court’s disposition of the Jack $0 (01-09-2013 - FL) |
International Risk Control, L.L.C. v. Seascape Owners Association, Inc. |
This appeal comes to us from a traditional summary judgment. For the reasons that follow, we reverse and remand. |
Denise Brown v. American Western Home Insurance Company |
Appellants Denise and Greg Brown appeal from a summary judgment granted in favor of appellee American Western Home Insurance Company. In only a single issue, the Browns contend the trial court erred by granting summary judgment. We affirm. |
Franklin Benjamin v. Department of Public Welfare of the Commonwealth of Pennsylvania |
Plaintiffs-Appellees are individuals with “mental retardation” who reside in intermediate care facilities operated by Defendants-Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare of the Commonwealth of Pennsylvania. By and through their respective next friends, they brought this current class action in the United States District Cour $0 (12-21-2012 - PA) |
Vasilis Bacolitsas v. 86th & Third Owner, L.L.C. |
This appeal provides us with an opportunity to clarify the requirements of the Interstate Land Sales Full Disclosure Act (“ILSA”), 15 U.S.C. §§ 1701-20, a statute that, while enacted more than forty years ago, has received little attention from the federal courts until recently. In basic terms, ILSA protects individual buyers or lessees who purchase or lease lots in large, uncompleted housin $0 (12-21-2012 - NY) |
Marisue Van Zant v. Willow Creek I Neighborhood Association, Inc. |
Marisue Van Zant, Van Zant Family Revocable Trust, Jim Van Zant and Richard Hoffman sued Willow Creek I Neighborhood Association, Inc., Bud Proffitt and Jim Scalet on breach of contract, negligence, breach of fiduciary duty, equitable estoppel, equitable tolling, and punitive damage theories. |
Beacon Residential Community Association v. Skidmore, Owings & Merrill, L.L.P. |
Skidmore, Owings & Merrill LLP (SOM) and HKS, Inc. (individually & doing business as HKS Architects, Inc.; hereafter HKS) are design professionals. SOM and HKS (collectively Respondents) provided architectural and engineering services, as well as construction administration and construction contract management, for the Beacon Residential Condominiums—595 condominium units and associated common a $0 (12-14-2012 - CA) |
City of Houston v. James & Elizabeth Carlson |
Appellant City of Houston appeals from the district court‟s denial of the City‟s motion for judgment and the entry of judgment reversing the City‟s order requiring appellees to vacate their property. In three issues, the City argues the district court erred in reversing the City‟s order to vacate and entering final judgment in favor of appellees because (1) the district court did not have $0 (12-07-2012 - TX) |
Fairway Estates v. Unknown Heirs And Devisees Of Robert D. Young, Et Al, |
The Fairway Estates Association of Apartment Owners -- a |
William Construction, Inc. v. Wehr Construction, LLC |
Wehr Construction, L.L.C. (Wehr) appeals from a judgment awarding damages for breach of contract to Williams Construction, Inc. (Williams). Wehr contends the trial court erred by: (1) finding Wehr’s termination of a purchase order was a breach of the agreement when Williams’ earlier noncompliance with the agreement’s terms was the first breach; and (2) awarding damages for lost profits and o $0 (11-09-2012 - MO) |
Joan Genser v. The Reef Condominium Association, Inc. |
The Gensers appeal an order awarding attorney’s fees and costs in favor of the Reef Condominium Association, which prevailed o n its complaint that the Gensers violated condominium rules by enclosing a hallway vestibule in their condominium unit. We reverse, because the trial court did not calculate the full judgment due as well as the prejudgment interest. Interest from that judgment thereafter $0 (11-12-2012 - FL) |
Chino MHC, L.P. v. City of Chino |
Chino MHC, LP (the Owner) owns Lamplighter Chino Mobile Home Park in Chino. It applied to the City of Chino (the City) to convert the park to resident ownership. This is analogous to converting an apartment building into a condominium; it would mean subdividing the park into individual lots, which would be offered for sale to the residents. Resident ownership conversions are governed by Government $0 (10-31-2012 - CA) |
Bellevue Pacific Center Limited Partnership v. Bellevue Pacific Tower Condominium Owners |
At issue in this case is the right to control nine parking spaces |
Blue Star Palms, LLC v. LED Trust, LLC |
The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an $0 (10-24-2012 - FL) |
Anthony E. Reed v. Stephanie E. Parris |
This appeal concerns the property division between a couple who had been in a relationship for 12 years but never married. The couple and their children resided in a home titled in the man’s name. After they separated, pursuant t o a domestic violence protective order, the man paid the mortgage while the woman lived in the home with the children. The man filed for custody of the children and the $0 (10-19-2012 - AK) |
PV Little Italy, LLC v. Metrowork Condominium Association |
This appeal is from an order of the trial court resolving a dispute between PV Little Italy, LLC (PV Little Italy) and India Street Venture, LLC (India Street), over their respective rights in a mixed office and retail condominium development in downtown San Diego, known as MetroWork. India Street was the original owner and developer of MetroWork, the centerpiece of which is the retail space that $0 (10-18-2012 - CA) |
In re the Marriage of Brenda J. Cornwell and Douglas R. Cornwell |
Douglas Cornwell appeals and Brenda Cornwell cross-appeals the provisions of the decree dissolving their marriage. Doug asserts the district court erred in (1) failing to grant him more visitation with the children, (2) inadequately accounting for the assets he owned prior to the marriage in the division of property, and (3) awarding an excessive amount of alimony. Brenda cross-appeals contending $0 (10-03-2012 - IA) |
Marisol Perez v. Elizabeth Cumba |
This unconventional premises liability case concerns injuries sustained by a social invitee as a result of the intentional and criminal acts of a third party. The plaintiff, Marisol Perez, administratrix of the estate of Hiram D. Colon, Jr., appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant, Elizabeth Cumba. The plaintiff claims that the court imp $0 (10-02-2012 - CT) |
Pedro J. Garcia v. Danid Andonie |
This case is before the Court on the Miami-Dade Property Appraiser’s (Property Appraiser) appeal of the Third District Court of Appeal’s decision in De La Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010).1 In Andonie, the Third District affirmed a circuit court’s grant of an ad valorem homestead tax exemption to David and Ana Andonie (the Taxpayers), and declared a portion of section 196.03 $0 (10-04-2012 - FL) |
Chase and Chase, L.L.C. v. Waterbury Realty, L.L.C. |
This appeal centers on an easement for shared use of a commercial driveway over one parcel of land in Waterbury to access an adjacent parcel. The defendant Waterbury Realty, LLC,1 appeals from the judgment of the trial court, rendered in favor of the plaintiff, Chase & Chase, LLC. On appeal, the defendant claims that the trial court improperly found that (1) the plaintiff was entitled to a prescri $0 (09-24-2012 - CT) |
Michael F. Chebro v. Jonathan C. Audette |
This appeal arises out of a quiet title action, brought pursuant to General Statutes § 47-31, concerning the location of a boundary between two parcels of land in Woodstock. The defendant, Jonathan C. Audette, appeals from the judgment rendered in favor of the plaintiffs, Michael F. Chebro and Jeanne E. Curtin- Chebro, after a trial to the court. On appeal, the defendant claims (1) that the court $0 (09-24-2012 - ct) |
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