Condominium Law
 
Georgina Spilke v. Joseph M. Wicklow, III

The self-represented plaintiff, Georgina Spilke, appeals from the judgment of the trial court awarding her $30,003 against the defendant, her former husband, Kenneth Spilke, and $1 in nominal damages against the defendant Jennifer Ballard1 on her vexatious litigation claim. The defendants cross appeal from the judgment rendered against them. The vexatious litigation action stemmed from a motion fo

More...   $0 (09-24-2012 - CT)

Barbara Zurliene v. Plaza North Condominium Owners Association and Terra Properties

Barbara Zurliene, age 74, sued Plaza North Condominium Owners Association and Terra Properties on a negligence theory claiming to have been injured as a result of a fall in the Defendants' parking lot on June 25, 2009.. She claimed that she caught her foot on a parking block and struck her head on the concrete, cutting her head across the forehead and which result in 28 stitches. She claimed that

More...   $13000 (09-22-2012 - IL)

Carolynne M. Kieffer v. Jennifer Icaza

Carolynne Kieffer appeals a judgment in favor of Jennifer Icaza, Ramiro Icaza, and Dianne Icaza on Kieffer’s petition for breach of contract and property damage.1 The judgment is affirmed.

FACTS

In July 1998, Kieffer and the Icazas entered into a lease agreement for a residence to be used by Jennifer Icaza. On September 16, 2005, Kieffer filed a petition for breach of contract and

More...   $0 (07-31-2012 - MO)

Nancy Daoud v. Whitney M. Cook

The plaintiff, Nancy Daoud, appeals from the judgment of the trial court rendered against her, following a hearing on a motion brought by the defendant, Whitney M. Cook, to compel compliance with an arbitration award requiring the plaintiff to use reasonable commercial efforts to rent office space not being used by her. On appeal, the plaintiff claims that the court improperly: (1) determined that

More...   $0 (09-16-2012 - CT)

B & G Aventura, LLC v. G-Site Limited Partnership

In 2005, the appellant/purchaser signed a detailed written contract to buy a residential condominium in a high-rise tower then under construction. After a pre2 closing walkthrough in January 2007, the purchaser asserted that the appellee/developer’s sales team had assured the purchaser that the condominium unit, once completed, would have an unobstructed view of the nearby marina. The as-built f

More...   $0 (09-14-2012 - FL)

Clifford Young v. Karolina Young

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec

More...   $0 (08-27-2012 - CT)

Karen DiPietro v. Farmington Sports Arena

The dispositive issue presented by this premises liability appeal is whether the Appellate Court correctly concluded that the plaintiff, Karen DiPietro, had established the existence of a genuine issue of material fact concerning the defendants’ actual or constructive knowledge of a dangerous condition.

The defendants, Farmington Sports Arena, LLC (Arena), Dimensional Technology Group, LL

More...   $0 (08-27-2012 - CT)

Stephen J. Pcolar v. Cesella Waste Systems, Inc. aka All Cycle Waste

¶ 1. SKOGLUND, J. Plaintiff Stephen J. Pcolar appeals from a Chittenden Superior Court verdict in favor of defendant Casella Waste Systems, Inc. Plaintiff filed suit alleging negligence in connection with an incident where the gripper arm of a garbage truck owned by Casella and operated by defendant Robert Smith struck plaintiff. The superior court charged the jury to compare the

More...   $0 (07-27-2012 - VT)

Pinnacle Museum Tower Association v. Pinnacle Market Development (US), LLC

An owners association filed the instant construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and restrictions providing t

More...   $0 (08-20-2012 - CA)

Back Bay Spas, Inc. v. 441 Stuart Marketing, LLC

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e

More...   $0 (08-16-2012 - MA)

Kenneth Edlow v. RBW, LLC

This action, removed from Massachusetts Superior Court, involves residential condominium units in a development along Boston's Battery Wharf. Plaintiff Kenneth Edlow appeals the 12(b)(6) dismissal of his suit against the developer RBW, LLC, in which he sought to rescind his purchase of a condominium unit, to recoup his deposits on a second unit, and to recover damages. Mr. Edlow also appeals the d

More...   $0 (08-14-2012 - MA)

Ramon Castellanos v. Citizens Property Insurance Corporation

The appellants, former unit owners at Ocean Beach Resort Condominium (“Condo”), seek to reverse the trial court’s order involuntarily dismissing, with prejudice, their claims against Citizens Property Insurance Corporation (“Citizens”) and vacating the order certifying the unit owners as a class, and to remand for a new trial. We review de novo the order dismissing the complaint with pre

More...   $0 (08-08-2012 - FL)

Marina Towers Condominium Association v. Edie and Joseph Mathers

Marina Towers Condominium Association sued Edie and Joseph Mathers on breach of contract theories seeking to collect $32,235.83 in delinquent condo fees.

Defendants denied that they had been properly notified of the amount allegedly owed.

More...   $39358 (07-28-2012 - IL)

General Star Indemnity Company v. Atlantic Hospitality of Florida, LLC

General Star Indemnity Company (“General Star”) seeks certiorari review of an order overruling its objections to discovery of materials concerning its business practices and policies. We grant the petition and quash the order.

General Star issued a commercial property insurance policy to Atlantic Hospitality of Florida, LLC (“Atlantic”). Hurricane Charlie damaged Atlantic’s proper

More...   $0 (07-25-2012 - FL)

Coach Run Condominium, Inc. v. Deborah Furniss

The principal issue in this case is whether a condominium association has the right to enforce a statutory lien for unpaid common charges provided for by the Common Interest Ownership Act (act), General Statutes § 47-200 et seq., even if the association has substantially failed to perform its maintenance obligations to the defaulting condominium owner. The defendant owner appeals from the judgmen

More...   $0 (07-10-2012 - CT)

James LaPlante v. Ivan Vasquez

To encourage the settlement of civil cases, General Statutes § 52-192a1 imposes sanctions on litigants who reject reasonable settlement offers by authorizing a trial court to order the payment of interest on a judgment if the amount recovered by the plaintiff exceeds or is equal to an offer of compromise tendered by the plaintiff and rejected by the defendant. See, e.g., Branford v. Santa Barbara

More...   $0 (07-23-2012 - CT)

Selene Finance, L.P. v. John Tornatore

The mortgagor defendant, John Tornatore, 1 appeals from the judgment of the trial court denying his motion to open the default judgment of strict foreclosure in favor of the mortgagee plaintiff, Selene Finance, L.P. The defendant claims that the court improperly denied his motion to open and awarded attorney’s fees to the plaintiff. We affirm the judgment of the trial court.

The following

More...   $0 (07-23-2012 - CT)

Paul Goldstone v.County of Santa Cruz

Appellant Paul Goldstone Trust U.T.D. June 27, 2003 (Goldstone) appeals from a judgment entered on its petition for writ of administrative mandamus, in which it sought to overturn the decision of the Santa Cruz County Board of Supervisors denying its application to convert the Alimur Mobilehome Park (Alimur) from rental to condominium ownership. That petition was opposed in the trial court by resp

More...   $0 (07-17-2012 - CA)

Cynthia J. Simonson v. Palm Beach Hotel Condominium Association, Inc.

A homeowner appeals an order denying her Objections to Judicial Sale and Motion to Set Aside Judicial Sale. She argues the trial court erred in denying her motion because no pre-sale publication notice was made, pursuant to section 45.031, Florida Statutes (2011). We agree and reverse.

After entering a judgment of foreclosure for $66,314.12, the trial court set the date of the foreclosure s

More...   $0 (07-11-2012 - FL)

Dr. Tim Ioannides v. Dr. Richard A. Romagosa

Dr. Tim Ioannides appeals a final judgment entered in favor of Dr. Ricardo Romagosa after a jury found him liable for both breach of contract and fraudulent inducement. He argues that the trial court erred in denying his motion for summary judgment o n th e fraudulent inducement claim because any alleged fraudulent oral representations that he made to Dr. Romagosa regarding his earnings were adequ

More...   $0 (07-11-2012 - FL)

Quoc C. Trinh d/b/a Smart Toys v. Adolph Campero

Appellant, Quoc C. Trinh, individually and d/b/a Smart Toys (Trinh), appeals the granting of a summary judgment in favor of Appellee, Adolph Campero, individually and Campero & Becerra, P.C., (Campero). We affirm.

FACTUAL & PROCEDURAL BACKGROUND

Campero is an attorney who represented Trinh in a commercial transaction suit. Judgment in the commercial transaction suit was entered again

More...   $0 (07-13-2012 - TX)

Kings Ridge Community Association, Inc. v. Sagamore Insurance Company

Kings Ridge Community Association, Inc. (“the Association”), appeals a final summary judgment in favor of its insurer, Sagamore Insurance Company. The trial court concluded that the Association's damaged clubhouse was not in a state of "collapse," as that term is defined by the insurance policy issued by Sagamore, and thus the loss was not covered. We respectfully disagree and accordingly reve

More...   $0 (07-06-2012 - FL)

Heron At Destin West Beach & Bay Resort Condominium Association, Inc. v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.

Appellant, Heron at Destin West Beach and Bay Resort Condominium Association, Inc. (Heron), challenges a final summary judgment that found the election of officers of a master condominium association must be based on a simple majority of the board of directors rather than the weighted voting procedure specified in the master condominium declaration. We determine that chapter 718, Florida Statutes,

More...   $0 (07-06-2012 - FL)

Jeffrey H. Atwater v. Frederick W. Kortum

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici

More...   $0 (07-05-2012 - FL)

Robert Riley v. Kristina Young Riley

Robert Riley petitioned for divorce from Kristina Young Riley, alleging the existence of an informal marriage. The trial court signed a final summary judgment in Kristina’s favor, ruling that Robert adduced no evidence that the couple represented to others they were married. Robert contends the trial court erred because there is some evidence that the couple represented to others they were marri

More...   $0 (07-03-2012 - TX)

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