Condominium Law
 
Nazareth Hall Nursing Center v. Esperanza Melendez

Nazareth Hall Nursing Center appeals the trial court’s order denying its motion to compel arbitration. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Nazareth Hall employed Esperanza Melendez from May 1990 until July 2009. In 2006, Melendez received an employee handbook and signed the “Employee Acknowledgment and Arbitration Agreement” (the agreement) attached to the handbo

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Estate of Lawrence Brown, Deceased

This is an appeal from the probate court’s order granting summary judgment in a dispute relating to the ownership of account funds interpleaded into the court registry. After considering competing motions for summary judgment, the trial court ordered the funds paid to Alberto Villafuerte, Independent Executor for the Estate of Lawrence Brown. Leonard Mark Williams appeals the probate court’s j

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Richard Hackett v. Grand Seas Resort Owner's Association, Inc.

The sole issue in this appeal is whether the trial court erred in granting a final summary judgment in favor of Grand Seas Resort Owner's Association, Inc. ("Grand Seas") in a negligence action brought by one of the time-share owners at the resort, Richard Hackett. The summary judgment was based on a "release" (actually an exculpatory clause), executed by Mr. Hackett when he began use of a unit wi

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Chana Horowitz v. Francisc Berger

In this interlocutory appeal, Chana Horowitz challenges the trial court’s denial of her special appearance. We reverse and remand with instructions to the trial court to dismiss Horowitz from the suit for lack of personal jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

Chana Horowitz is an Israeli citizen residing in Israel, where she worked as an independent contractor for the

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Juan Him v. Firstbank Florida

Juan Him (defendant) appeals the trial court’s order denying his motion to quash service of process.1 Determining that Firstbank Florida failed to properly obtain service of process on the defendant, we reverse.

A specific power of attorney was executed by the defendant, appointing Jorge Gurian to act on the defendant’s behalf in the purchase of a condominium. Gurian used the power of a

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Peter Chovan v. Iveta Chovan

The former husband appeals a final judgment of dissolution. He argues the final judgment fails to accurately reflect a settlement agreement reached between the parties and pronounced on the record. Specifically, he argues error in the trial court’s failure to impute income to the former wife in determining alimony and child support, in the distribution of proceeds from the sale of the former mar

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Sun Harbor Homeowners' Association, Inc. v. Vincent Bonura

Sun Harbor Homeowners’ Association, Inc. (“Sun Harbor”) appeals a final judgment in favor of Vincent Bonura. We reverse. Sun Harbor is a townhouse community, which has a “n o dogs allowed” policy. Bonura owns a Sun Harbor townhouse where he resides with his fiancée, Natalie Vidoni, and her dog. The underlying litigation was instituted when Sun Harbor filed a two-count complaint against

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Carmen A. Tate v. Scott R. Tate

Carmen A. Tate (the Wife) appeals the final judgment that dissolved her marriage to Scott R. Tate (the Husband). The Wife raises four issues. She challenges the financial arrangements regarding the parties' beach condominium unit, various provisions of the equitable distribution scheme, the trial court's omission to address the prepaid college funds established for the parties' three minor childre

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Robert W. Felland v. Patrick Clifton

While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto Peñasco, Mexico. The project was managed by a real-estate development firm owned by Patrick Clifton, an Arizona resident. Robert Felland signed an agreement that required the couple to make a down payment in three installments. After making th

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Vernon Goodsell v. Eagle-Air Estates Homeowners Association

1 HASELTON, C. J.
In the latest installment of long-running serial litigation,1 2 plaintiffs appeal
3 from the dismissal of this action seeking judicial removal, pursuant to ORS 65.327(1), of
4 the defendant individual directors of a homeowners association, and defendants cross5
appeal from the trial court's denial of their request for attorney fees. In moving to dismiss
6 unde

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Heron Point Condominium Unit Owner's Association v. E.R. Miller, Ltd.

{¶1} Appellant, Heron Point Condominium Unit Owner’s Association, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms. I. {¶2} Appellant is the Heron Point Condominium Unit Owner’s Association (“Heron Point”). Appellees E.R. Miller, Ltd. and Elton Miller were involved in the development of Heron Point Condominiums in the Village of Lakemore, Ohio. Mr.

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Maple Park Terrace v. Nick Papadelis

{¶1} Defendant-appellant Nick Papadelis (“defendant”) appeals the court’s granting judgment in favor of plaintiff-appellee Maple Park Terrace Condo Association (“Maple Park”) in this action to collect condominium maintenance fees and associated costs. After reviewing the facts of the case and pertinent law, we affirm.

{¶2} Defendant owns a condominium unit at Maple Park and is r

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Highland Property Owners Association, Inc. v. Shumaker Land, LLC

On appeal from the Master-in-Equity (Master), Highlands Property Owners Association, Inc. (the Association) challenges the Master's determination that Respondent Shumaker Land, LLC's (Shumaker LLC) seven lots within the Highlands development were not subject to assessments levied by the Association pursuant to the restrictive covenant governing the development. The Association argues the Master e

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16 Jade Street, LLC v. R. Design Construction Co., LLC

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member

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Harold William Purnell v. Beard & Bone, LLC

Appellee, Beard and Bone, LLC, (Beard & Bone) filed a complaint to quiet title and for declaratory judgment against Mary Ann Cantwell (Cantwell) in the Circuit Court for Worcester County. Beard & Bone later filed an amended complaint, which added appellants, the Estate of Helen Marie Brittingham Purnell, Marion Purnell Smith, Harold William Purnell, and Eunice Purnell Williams (the Purnells), as p

More...   $0 (05-01-2012 - MD)

David Clickner, et ux. v. Magothy River Association, Inc., et al.

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de

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MRA Property Management, Inc. v. Susan Armstrong

This case involves a long-standing dispute between the Tomes Landing Condominium Association, Inc. (Association), located in Port Deposit, Maryland, and MRA Property Management, Inc., Appellants, and twenty-five condominium unit purchasers, Appellees.1

The unit purchasers were granted partial summary judgment in the amount of one million dollars against the Association and MRA in the Circui

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Gregory Lasky v. Moorestown Township

Plaintiff Gregory Lasky, a paraplegic, filed suit against defendant Moorestown Township, alleging that defendant discriminated against him by not providing him access to Strawbridge Lake Park (park), in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101-

12213 (1990), and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. A jury

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The Waverly at Los Olas Condominium Association, Inc. v. Waverly Las Olas, LLC

Having affirmed the underlying final judgment in the substantive appeal, we now review the trial court’s award of attorney’s fees in a dispute over parking spaces. The condominium association appeals an attorney’s fees award, having lost the dispute with the developer. It argues the trial court erred in the amount of fees awarded, but does not dispute entitlement. We affirm.

After a t

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Fardad Aduli v. Valerie Aduli

In this divorce appeal, Fardad Aduli argues that the trial court erred in denying his special appearance and abused its discretion in permitting his counsel to withdraw on the day of trial; denying his motions for a continuance and a new trial on the basis that he had been forced to leave the country; and adopting his wife’s proposed division of the marital estate without sufficient evidence. We

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Ruth Ann LeVann Allgood v. Richard J. Allgood

¶1 The situation is not new: an alimony-receiving ex-wife living with her boyfriend. But the question presented is unique to this Court and undoubtedly has been pondered by alimony-paying ex-husbands since time immemorial. The question: should alimony for support be ended when an ex-spouse (wife in this case) cohabits with another man on a permanent basis, but chooses not to marry him? Is such a

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Ronald Koziol v. Peerless Insurance Company

When the plaintiffs’ efforts to act as general contractors on a new home foundered because of faulty work performed by a framing subcontractor, they made a claim on the homeowner’s insurance policy issued to them by the defendant, Peerless Insurance Company. After the defendant denied the claim, citing two exclusions in the policy, the plaintiffs filed a declaratory-judgment action against the

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Ambrose C. Mendes v. Alfred Factor

The plaintiffs, Ambrose C. Mendes, Jr., Victor Mendes, and Madonna Mendes,1 appeal from a Superior Court judgment in favor of the defendants, Alfred Factor and Kirshenbaum & Kirshenbaum Attorneys at Law, Inc. (K&K). The judgment was entered after a hearing justice issued an order granting the defendants’ motions to dismiss both the plaintiffs’ probate appeal and their verified complaint allegi

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Michael Derderian v. Essex Insurance Co.

The plaintiffs, Michael and Jeffrey Derderian, appeal from the grant of summary judgment in favor of the defendant, Essex Insurance Company (Essex or defendant), in a declaratory-judgment action. The plaintiffs contend that, based on the language of G.L. 1956 § 12-28-5 and the pertinent insurance policy, the trial justice erred in concluding that Essex had no duty to defend the plaintiffs against

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Wyndham Vacation Resorts, Inc. v. Ocean Walk Resort Condominium Association, Inc.

Wyndham Vacation Resorts, Inc., and Wyndham Vacation Management, Inc. (collectively "Wyndham") seek a writ of certiorari to quash the trial court's discovery order requiring them to produce unredacted employee W-2 forms, which display personal addresses, phone numbers, and social security numbers, as well as other documents containing the personal information of unit holders, revealing bank accoun

More...   $0 (05-02-2012 - FL)

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