Lis Pendens Law
 
John Doss Thompson, Jr. and Hiwan Ridge Development Company, Inc. v. Maryland Casualty Company and Northern Insurance Company of New York

In this duty to defend insurance case, we review the court of appeals' decision in Thompson v. Maryland Casualty Co., No. 01CA1039, slip op. (Colo. App. June 27, 2002). That court held that under the facts alleged in the underlying complaint the insurers have no duty to defend the insureds under provisions of a commercial general liability insurance policy that provides the insureds coverage ag... More...   $0 (02-15-2004 - CO)

City of Norwalk v. James J. Farrell, Jr.

This real estate tax foreclosure action was instituted by the plaintiff, the city of Norwalk, against the defendant James J. Farrell, Jr., and, subsequently, against Sperry A. DeCew, administrator cum testamento annexo of the estate of James J. Farrell, Jr., and against James J. Farrell III and Patricia Farrell- Kowalonek. James J. Farrell III is the only defendant involved in the presen... More...   $0 (12-09-2003 - CT)

Savannah Place, Ltd., a Missouri Corporation v. Charles and Sandra Heidelberg, husband and wife v. Carol Jones, et al.

Respondent Savannah Place Ltd. ("Savannah Place"), as assignee of two promissory notes, attendant deeds of trust, security agreements and guaranties relating to the two promissory notes, brought suit against Charles Heidelberg and his spouse, Sandra Heidelberg ("Appellants" and/or "Charles Heidelberg" or "Sandra Heidelberg"), to enforce the terms of the guaranties for the payment of the two promis... More...   $0 (10-31-2003 - MO)

Edward Houston v. Bank of America

This appeal raises the issue of whether a lender who pays off a prior note is equitably subrogated to the former lender's priority lien position. We conclude that the subsequent lender succeeds to the prior lender's priority lien position as long as an intervening lien holder is not prejudiced. Therefore, we affirm the district court's order granting summary judgment to Bank of America.

... More...   $0 (10-28-2003 - NV)

Champion Produce v. Ruby Robinson Co., Inc.

The cross appeals in this diversity case arise out of a breach of contract. Each party appeals aspects of the district court's post-judgment order. We affirm. Among other things, we hold that the cost-shifting provision of Federal Rule of Civil Procedure 68 does not permit an award of post-offer attorneys' fees when the underlying state statute authorizes an award of attorneys' fees to a ... More...   $103513 (09-09-2003 - ID)

Fredye Long Alford v. Lynn Thomas Thornburg, Jr. and Michael R. Augustine

Fredye Long Alford (1) (Alford) and Thomas Lynn Thornburg, Jr. (Thornburg) were divorced on October 17, 1995. While negotiating the division of property, the parties agreed Thornburg owed Alford $85,000.00. Alford agreed to collect that $85,000.00 through trust fund proceeds that were to be distributed to Thornburg, provided the proceeds would bypass him and go directly to her. (2) Specifically... More...   $85000 (08-08-2003 - TX)

Frederick A. Morton, Jr. v. 4 Orchard Land Trust

Frederick A. Morton, Jr., sought to purchase real property at Orchard Court in Montclair from the 4 Orchard Land Trust (Trust). A form of contract was prepared by a broker and signed by Morton. After extensive review and negotiations, the attorneys for both parties approved the terms. The Trustees orally agreed to the deal, but then decided to accept another offer. Therefore, they did not sign ... More...   $0 (07-31-2003 - NJ)

William J. Harnedy v. Mary B. Harnedy Whitty

This litigation involves a dispute between a brother and sister regarding the ownership of the property of their deceased parents, property originally put into a trust by those parents but then, after the death of the mother, quit-claimed to the daughter by a very sick father a few weeks before his death. The son is plaintiff and respondent William J. Harnedy, hereafter respondent. The daught... More...   $0 (07-30-2003 - CA)

Rangwal Eloy Spindler, et al. v. Maria Alyuska Mayol

Rangwal Eloy Spindler appeals from a Final Judgment of Dissolution of Marriage claiming lack of personal jurisdiction. Resco Miami Corporation and Massima American Corporation, both found by the trial court to be owned by the husband, appeal from an order denying their 1.540 motion to vacate portions of the Final Judgment of Dissolution of Marriage on the grounds that they received no noti... More...   $0 (06-03-2003 - FL)

Thomas Jeffrey v. Edgar E. Cathers, Jr.

Jeffrey and E.C.E., Inc., through its president, Cathers, entered into a contract to perform demolition and hauling services on Jeffrey's real property. A dispute arose as to whether the work was completed and Jeffrey refused to pay E.C.E., Inc., which resulted in the filing of a mechanic's lien against Jeffrey's property. On July 7, 1999, Jeffrey filed a petition against Cathers, the president... More...   $0 (04-29-2003 - MO)

Space Planners Architects, Inc., et al. vs. Frontier Town-Missouri, Inc., et al..

This is a suit in which four corporate entities sought statutory liens on real estate for work and materials furnished per contracts with the land owner, Frontier Town-Missouri, Inc. ("Frontier"). Two of these lien claimants, Space Planners Architects, Inc. ("Architect") and E. T. Archer Corporation, Inc. ("Engineer"), sought liens pursuant to section 429.015. (FN1) Lien claimants Dave Kolb Gra... More...   $0 (03-31-2003 - MO)

Jerve M. Jones et al. v. First American Title Insurance Company et al.

In June 1988, LCF Income Group (hereafter LCFIG), La Canada Flintridge Development Corporation (hereafter LCFDC), San Martin Investment Development Corporation (hereafter San Martin), and Peppertree Corporate Business Park, Ltd. (hereafter Peppertree), obtained a loan in the amount of $8.7 million from the predecessor in interest to Union Bank of California (hereafter the bank). The borrowers ... More...   $0 (03-25-2003 - CA)

Parts Industries Corporation v. A.V.A Services, Inc.

A.V.A. Services, Inc., appellee (AVA) sued GPK Parts Industries, Inc., appellant (GPK) for breach of a commercial real estate lease and to enforce an option to purchase thereunder. GPK appeals from an adverse jury verdict and judgment in the amount of $43,336.19, plus 10% interest and attorney=s fees, alleging nineteen issues for our review. GPK=s primary contention is that as a matter of law... More...   $0 (03-13-2003 - TX)

Silver Chevrolet Pickup Vin 1GCEC14T7YE257128 Tag No. 3TM16, and Other Assets vs. The State of Texas

Ronnie Puckett, owner of property ordered forfeited by a judgment of the 287th District Court of Parmer County, brings this appeal challenging that judgment to the extent it divests him of certain real property in Parmer County. His sole point of error arises from the State's failure to file a lis pendens on the property within the time provided in the Code of Criminal Procedure. We reverse and... More...   $0 (03-04-2003 - TX)

Morad Elyaoudayan v. Leo Hoffman, Individually and as Trustee, etc., et al.

Under section 664.6 of the Code of Civil Procedure, a trial court may enforce a settlement agreement made during pending litigation if the parties entered into the agreement either orally before the court or in writing outside the presence of the court.

The question presented in this appeal is whether a party who agrees to a settlement in writing outside the presence of the court may enforce ... More...   $25000 (01-03-2003 - CA)

O'Connell v. Town of Schererville of Lake County

Appellants Gloria O'Connell, Diane Pappas, Christopher Lis, George Kedangan, Mary Kedangan, Alex Gergely, Irene Gergely, Riley Stone, and Scherry Stone (collectively, "Appellants") appeal the Lake Circuit Court's order granting judgment on the pleadings to the Town of Schererville ("Town"). Appellants raise three issues on appeal, which we consolidate into one and restate as: whether the failur... More...   $0 (11-21-2002 - IN)

Eileen V. Graves v. American Acceptance Mortgage Corporation

The issue before the Court is whether a purchase money mortgage has precedence over a prior recorded lien on the same property. The Court of Appeals has held that it does. Because this determination conflicts with the priorities established by our race-notice recording statutes, MCL 565.29 and 565.25, we reverse.

I.

In 1987, a married couple, Eileen Graves and Steve Diaz, purchased, by la... More...   $0 (10-28-2002 - MI)

Bobbie Jo Wallis, et al. v. Princess Cruises, Inc., et al.

Plaintiff Bobbie Jo Wallis brought an action against defend Princess Cruises, Inc., and others for damages based on the death of her husband, who drowned off the coast of Greece after falling in an undetermined manner from defendants' cruise ship. The district court granted defendants' motions for summary judgment, with the exception of plain-tiff's Death on the High Seas Act ("DOHSA") claim,... More...   $0 (09-24-2002 - CA)

Kronberg Brothers, Inc. v. John Steele, et al.

The plaintiff, Kronberg Brothers, Inc., appeals from the judgment of the trial court rendered in favor of the defendants, John Steele and Eileen Steele. On appeal, the plaintiff claims that the court improperly (1) concluded that the contract in this case violated the Home Improvement Act (act), General Statutes § 20-418 et seq., (2) awarded damages under the Connecticut Unfair Trade Practic... More...   $0 (09-03-2002 - CT)

Thomas C. Miller v C.C. Meisel Co., Inc.

In 1976, defendant's board members had discussions about how to give plaintiff an interest in the company, including a "phantom stock" idea that was rejected. At that time, they made no further efforts to structure the method by which plaintiff would be compensated for the "added value." In 1981, there was a change in ownership, and Town lost control of defendant temporarily. In 1982, Town rega... More...   $1360000 (07-07-2002 - OR)

United States of America Plaintiff v. Premises know as 7725 Unity Avenue North, Brooklyn Park, Minnesota; Tonya Howell; Anthony Tyrone Howell; et al.

** After Anthony Tyrone Howell pleaded guilty to conspiracy to distribute cocaine, cocaine base, and marijuana, the Government filed this action seeking civil forfeiture of Howell's house at 7725 Unity Avenue North, Brooklyn Park, Minnesota, under 21 U.S.C. § 881(a)(6) (2000). Howell and his wife, Tonya Howell, refinanced an existing GMAC mortgage through GMAC Mortgage Corporation (GMAC) in... More...   $0 (07-01-2002 - MN)

Pond Place Partners, Inc. v. David C. Poole

This is an action for slander of title. Initially, David C. Poole ("Poole"), along with the other named Defendants, filed a declaratory judgment action against a plethora of individuals and entities, including the named Respondents. The Poole group challenged an amendment to the restrictive covenants on the subject property, which reduced the minimum lot size restriction from 5 acres to 1 acre lot... More...   $0 (06-17-2002 - SC)

Karl F. Tropf, et al. v. Fidelity National Title Insurance Company

Plaintiffs-Appellants Karl E. Tropf and Catherine Tropf ("the Tropfs") appeal the district court's dismissal of their claims and imposition of sanctions. The Tropfs' claims arose out of a complicated set of real estate transactions in Michigan in the 1980s and early 1990s, during which, the Tropfs allege, the Tropfs' house was taken from them by fraudulent conveyance. A number of state court actio... More...   $0 (05-10-2002 - MI)

David J. Caito v. Mauro Juarez, alias and General Dry Wall Services, Inc.

The plaintiff, David J. Caito (Caito or plaintiff), has appealed a judgment in favor of the defendants, Mauro Juarez, alias (Juarez), and General Drywall Services, Inc. (GDS) (collectively, defendants), in this action for specific performance of a cont ract for the sale of real estate. 1 This case came before the Supreme Court for oral argument on April 8, 2002, pursuant to an order directing ... More...   $0 (05-03-2002 - RI)

Holmes Development, LLC v. Paul Cook, et al.

1 Holmes Development, LLC ("Holmes"), appeals from an order granting summary judgment to First American Title Insurance Co. ("First American") and from an order granting summary judgment to Paul Cook ("Cook") and Cook Development, LC ("Cook Development"). We affirm.

BACKGROUND

2 The parties to this appeal do not dispute the material facts. In 1993, Cook purchased two parcels of land i... More...   $0 (04-16-2002 - UT)

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