Defendant, Dennis Mitchell, appeals the summary judgment entered in favor of plaintiff, Club Telluride Owners Association, Inc. (Association), for collection of past due assessments and attorney fees pursuant to the Colorado Common Interest Ownership Act, § 38-33.3-101, et seq., C.R.S. 2001 (CCIOA). We reverse and remand for further proceedings.

As an initial matter, we note that Mitchell ha

Plaintiff Joseph Dare was injured in a skydiving accident when he attempted to avoid colliding with defendant Eric Keith Johnson, a co-participant in the jump.See footnote 11 Prior to the jump, plaintiff signed a release/waiver agreement with the operator of the skydiving facility, defendant Freefall Adventures, Inc. (Freefall), under which plaintiff released Freefall from any claims for injuries

The present appeals follow a breach of contract action tried before the trial court. The defendants, PCRE, LLC (PCRE), and Real Estate Connecticut, Inc. (Real Estate Connecticut), both doing business as Pru-dential Connecticut Realty, appeal from the judgment rendered in favor of the plaintiff, Sally Maloney. The defendants claim that the court improperly (1) con-cluded that they had agreed

Plaintiff Bradley B. Davis appeals from a judgment entered in favor of defendant Metuchen Gardens Condominium Association (Association). After reviewing the record in light of the contentions advanced on appeal, we affirm.

Metuchen Gardens is a sixty-four-unit residential condominium located in Metuchen, New Jersey. Defendant Association is the governing body for the complex. The buildings are

Casablanca Condominium Association of Miami Beach, Inc., appeals an order setting aside a settlement agreement. We reverse and remand for an evidentiary hearing. Contrary to the trial court's ruling, the settlement agreement is a valid and enforceable agreement. "Where the parties have agreed to the essential terms of a settlement, it will be enforced." State Farm Mut. Auto. Ins. Co. v. Inte

We have for review Woodside Village Condominium Ass’n, Inc. v. Jahren, 754 So. 2d 831 (Fla. 2d DCA 2000), which expressly and directly conflicts with White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979), Flagler Federal Savings & Loan Ass’n v. Crestview Towers Condominium Ass’n, Inc., 595 So. 2d 198 (Fla. 3d DCA 1992), and Seagate Condominium Ass’n, Inc

On November 13, 1980, plaintiffs Emanuel and Marie Steward (Stewards) entered into a “reservation and subscription agreement” with defendant Henry Panek Investments, Inc., in which the Stewards agreed to pay $38,000 for a condominium unit on West Outer Drive in Detroit.1 According to the terms of the reservation and subscription agreement (agreement), the Stewards agreed to pay a $

Linda St. Angelo ("St. Angelo") prevailed on claims of negligence and negligent misrepresentation regarding her purchase of a condominium against Emma P. Polk ("Polk"), the seller's real estate agent, and S.G. Billings Real Estate ("Billings"), Polk's employer. Because the value of settlements St. Angelo made with other parties exceeded the jury's actual award, the trial court ordered that, as to

On November 6, 1997, Appellee-Plaintiff, Daniel Parsons (Parsons), a mail carrier for the United States Postal Service, delivered mail to a condominium development known as Wellington Commons. Wellington Commons is owned by Wellington Green Homeowners' Association. Under a management agreement with Wellington Green Homeowners' Association, Kirkpatrick Management Company is the property manager for

1 Meghan Coves is a unit ownership estate development. The Declaration of Unit ownership for Meghan Coves Condominium Estates was filed in 1983. At the time of this lawsuit, about 78 of the planned 179 condominium units had been built and were owned by third parties. Plaintiff Meghan Coves Association, Inc. (Association) denied membership in the Association to Defendant Meghan Coves Property, Inc.

Adriana Schreiner appeals an order denying her motion for relief from judgment. We reverse. * * * Plaintiff-appellee Scott Holland filed an action against Charles Schreiner and Le Cabaret of South Beach, L.L.C., to collect a debt. Subsequently he amended the complaint to add Adriana Schreiner, Charles Schreiner’s wife, as a defendant. He alleged that there had been a fraudulent conveyanc

The defendants William O’Boy, Sr., and his wife, Carmela B. O’Boy, appeal, and the plaintiff Florence Krondes1 cross appeals from the judgment of the trial court, rendered after a jury trial, awarding damages to the plaintiff. On appeal, the defendants2 argue that the court improperly refused to set aside the verdict because the automatic stay pursuant to 11 U.S.C. § 362 voided

Antoine Coffer (Appellant) appeals from the trial court's judgment in favor of Repair Unlimited, Inc. (Respondent) in a breach of contract action arising from repairs performed by Respondent to Appellant's condominium unit. We dismiss the appeal on the grounds that the record on appeal is insufficient because Appellant failed to file a transcript of the trial with this Court under Supreme Court Ru

Mentally disable man claimed that a Marion County Sheriffs deputies falsely arrested and mistreated him. On October 28, 1999, Mr. Baxter was locked outside the condominium in the 2900 block of Eagle's Crest Circle that he shared with his ill mother. Neighbors, who did not know Baxter, called the police because of Baxter's pacing back and forth in front of the apartment. Mr. Baxter's mother, who

This case requires that we address the manner in which a trial court treats an uninsured motor-ist settlement in relation to a subsequent award of dam-ages by a jury for a single indivisible injury by joint tortfeasors. The plaintiff, Carol Collins, was injured in a multicar accident, and brought an action against the defendants, Raymond A. Sardinas and Raymond D. Sar-dinas, 1 and her unins

The defendants, Noto Brothers Construction, LLC, and Anthony Noto and Heidi Noto, appeal from the order of the trial court granting the application for a prejudgment remedy filed by the plaintiffs, Dennis Rafferty and Eugenia Rafferty. The defendants claim that the court improperly (1) permitted the plaintiffs to proceed on an application for a prejudgment remedy that failed to comply with

1 This case arises from the installation of a master meter for the provision of electric service by petitioner Westside Dixon Associates, L.L.C. (Westside) to its condominium units in the Broadway Lofts Building (Broadway Lofts). Westside challenges the determination of the Utah Public Service Commission (the PSC) that it was prohibited from installing a master meter under Utah Admin. Code Rule 74

Plaintiff, The Glen, Section I, Condominium Association (Association), which sued defendant, John H. June, Jr., for $9925, appeals from a judgment of the Law Division, Somerset County, signed September 1, 2000, which found that it owed June $5.80. That part of the same order which directed the Association to remove a lolly column placed directly in front of June's garage on September 1, 2000, or s

Plaintiff, Knolls Condominium Association, appeals from the trial court's sua sponte order dismissing plaintiff's complaint against defendant, Robert L. Czerwinski. We reverse and remand.

On October 18, 1999, plaintiff filed a complaint in forcible entry and detainer against defendant. The complaint alleges that plaintiff is entitled to possession of a certain condominium unit, defendant has

The plaintiff, Clarice Neumann, appeals the Trial Court’s (Smukler, J.) rulings in her equity action challenging the voting practices of the defendant, Village of Winnipesaukee Timeshare Owners’ Association, Inc. (VWTOA). We affirm.

The following facts were either found by the trial court to be undisputed for purposes of the parties’ cross-motions for summary judgment, or are s

Miguel and Bette Garcia, condominium owners, appeal a final summary judgment in favor of the Crescent Plaza Condominium Association, Inc. (the Association). We conclude that the trial court erred in deciding this case by summary judgment because genuine issues of material fact exist, and therefore, we reverse.

Crescent Plaza is a commercial condominium operating as a retail strip center. T

This diversity case involves an insurance coverage dispute between Swire Pacific Holdings, the owner and developer of a high-rise condominium in Florida, and Zurich American Insurance Company as successor in interest to Zurich Insurance Company, under a Builder's Risk Policy. Swire sued Zurich seeking to recover under the policy the costs it had incurred in correcting design defects in the condomi

Justyna Clipper challenges the circuit court's award of attorney's fees to Bay Oaks Condominium Association and Midnight Pass Properties after they prevailed in her suit against them. The fees were awarded on two bases: a proposal for settlement and a contractual provision in the Bay Oaks Declaration of Condominium. We reverse the fee award based on the proposal for settlement. We also reverse

This case involves a protracted dispute over a portfolio of loans sold by defendant-appellant, Key Financial Services, Inc. to plaintiff-appellee, Home Owners Savings Bank. Key appeals from a series of adverse rulings by the district court, culminating in a court order that Key pay approximately $8.5 million in restitution damages and interest.

* * *

In 1988, Key sold its interest in 335 firs

This appeal requires us to consider whether N.J.S.A. 2A:18- 61.1(l)(2) (subsection 2) of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12 (the Act), requires the owner of less than three condominium units to provide three years notice to evict a tenant upon sale of the unit absent a formal lease notice provision as required by N.J.S.A. 2A:18-61.9 (section 61.9). The trial judge, relying in par