Appellant J.E. Dunn Northwest, Inc. (Dunn), performed various preconstruction services for the One Las Vegas condominium project in Las Vegas, Nevada, and recorded a mechanic’s lien for this work. Respondent Corus Construction Venture, LLC (Corus Bank),[1] provided construction financing for the project and recorded a deed of trust to secure its loan. In this appeal, we address four issues con

We are called upon to decide whether the City of Honolulu violated the Contracts Clause of the United States Constitution when it repudiated several agreements to convey property to private citizens in connection with its leasehold conversion program.

I

A

In 1991, the City and County of Honolulu (the “City�) enacted an ordinance, later codified at Chapter 38 of the Revised

This case requires us to determine the extent to which a federal consumer protection law, the Interstate Land Sales Full Disclosure Act (“ILSA�), 15 U.S.C. §§ 1701-20, protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments. Defendants-Appellees, developers or agents who sold condominium units to Plaintiffs-Appellants, claim that those sale

William Reyner and the McPherson Condominium Association (“Association�) (collectively “Appellants�) appeal from the judgment of the trial court in favor of Rainey Crawford, Jr. (“Crawford�) on all counts of their second amended petition. We affirm in part and reverse and remand in part.

Viewed in the light most favorable to the judgment, the facts are as follows. In October 200

The trial court granted summary judgment in favor of appellant, Village Green Homeowners Association, Inc. (“Village Green�), awarding actual damages, attorney’s fees, and pre- and post-judgment interest. However, the trial court declined to grant Village Green’s request for foreclosure. On appeal, Village Green contends the trial court abused its discretion by denying Village Green the

{¶1} Defendant-appellant, D. Thomas Hayes ("Hayes" or "appellant"), appeals the judgment granted by the Franklin County Court of Common Pleas in favor of plaintiffappellee, Ruffian, LLC ("Ruffian" or "appellee"), enforcing a settlement agreement and awarding attorney fees and expenses for frivolous conduct in accordance with R.C. 2323.51. For the reasons that follow, we affirm in part and reverse

Appellant, Elene B. Glassman, appeals from a final order in garnishment obtained by appellee, Meryl B. Goodfriend, to satisfy an underlying judgment. Glassman, an attorney, appears pro se in this appeal. Goodfriend contends this appeal is frivolous and requests sanctions. We affirm the final order in garnishment and assess $2,500 in sanctions against Glassman.

Background

Glassman

In this appeal we are called upon to determine what the Legislature meant by the term "on the first page of the contract" in section 15-48-10(a) of the South Carolina Uniform Arbitration Act (2005). We hold that the term means the page preceding all other pages in the contract. We agree with the circuit court that the notice of arbitration in this case does not comply with the statute, and affir

The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma

In this product liability case, we address issues concerning the statute of repose and breach of warranty. We conclude that exterior sidewall sprinkler heads are “equipment� under Code § 8.01-250 and reverse the judgment of the circuit court that the sprinkler heads are ordinary building materials. We also hold that a manufacturer’s description of how a sprinkler head functions does not con

This appeal involves the proper interpretation of the declaration1 for Harbour Landing, an expandable condominium2 (condominium) created pursuant to the Condominium Act of 1976 (act), General Statutes § 47-68a et seq. The defendants, Harbour Landing Condominium Association, Inc. (association)3 and its president, David Potter, appeal4 from the trial court’s judgment in favor of the plaintiff, Ha

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village�) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm

This case involves the interpretation and application of I.C. § 55-313 to the relocation of a private roadway/easement used for vehicular travel. The district court granted summary judgment in favor of Statewide Construction, Inc. (“Statewide�) in a declaratory judgment proceeding, finding that Statewide, as the owner of the servient estate on which an express easement for vehicular travel wa

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr

The City of Miami (“City�) and Balbino Investments, LLC (“Balbino�) filed motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Balbino’s Motion for Rehearing is denied. We, however, withdraw this Court’s opinion issued on August 8, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial of the Motion for Reh

The Briarwinds Condominium Association, Inc., appeals an order granting the defendants’ motion for a judgment on the pleadings on count two of its complaint, seeking an injunction to evict a condominium unit tenant. Finding that the complaint was sufficient to withstand the motion for judgment on the pleadings, we reverse.

Marcene Rigsby owns a unit at Briarwinds Condominium. She rents th

This is an appeal by the Miami-Dade County Property Appraiser and the Florida Department of Revenue from a final summary judgment, bestowing an exemption from ad valorem taxation upon the owners of residential real estate in Miami-Dade County on the basis the property is the “permanent residence� of their minor children, who are “naturally dependent� upon them within the meaning of article

Lisa Horowitz, Nancy Teske, and Robert Judd (collectively the “Unit Ownersâ€�) filed an action for declaratory judgment against the Intracoastal Point Condominium Association (the “Associationâ€�) asserting the invalidity of a “special meetingâ€� held in January 2009 and seeking the appointment of a receiver. The Unit Owners alleged, in part, that three specific members of the Association â€

Tahiti Beach Homeowners Association, Inc., appeals a partial final summary judgment in favor of Mr. and Mrs. Pfeffer regarding the Association’s complaint to foreclose a lien for a $285,000 fine. The fine, imposed for the alleged violation of a “Homesite Construction Rule,�1 did not meet the requirements of section 720.305(2), Florida Statutes (2007), regulating the imposition of fines by ho

The circuit court determined that Clark H. Scherer, III, the qualifying agent for a contractor, failed in his statutory obligation to supervise the contractor's construction of the Villas Del Verde townhome project. The court entered a judgment against Scherer for damages stemming from defects in the construction. But the Florida Supreme Court has held that a qualifying agent's failure to perform

Vickie Spencer appeals the district court’s holding that Overlook Mutual Homes, Inc. (“Overlook�), a non-profit mutual housing corporation, did not constructively deny her request for a reasonable accommodation for her daughter’s disability under the Fair Housing Act (“FHA�) and Ohio’s fair housing law. As no reasonable jury could find that Overlook denied the request, we affirm the

Thomas A. Lee (the Former Husband) and Karen L. Lee (the Former Wife) appeal a final judgment of dissolution of marriage. The Former Husband also appeals a supplemental judgment awarding attorney's fees and costs to the Former Wife.

Because of several deficiencies in the final judgment, we affirm the dissolution of marriage but reverse and remand the remainder of the judgments for further f

Appellant/Respondent Harleysville Mutual Insurance Company ("Harleysville") issued a standard commercial general liability (CGL) policy to the developers ("Respondents") of a series of condominium projects in Myrtle Beach, South Carolina. The condominium project was fraught with negligent construction, which resulted in claims filed by the homeowners. Respondents settled the construction lawsuit

Wife appeals the trial court's dissolution judgment, assigning error to the court's spousal support award and property division. We reject her contentions concerning spousal support without discussion and write only to address wife's argument that, when dividing the parties' property, the trial court erred by valuing husband's retirement accounts (the "Retirement Income Plan" and the "Savings Plan