Lis Pendens Law
 
Edith Carolyn Fryar v. Sav-Amil, LLC

Edith Carolyn Fryar and the Robert B. Fryar Residuary Trust (“the Fryar Trust”) (collectively known as “the Fryar family”) appeal the district court’s entry of judgment in favor of appellees after a three–day bench trial. The Fryar family sold Sav–Amil, LLC (“Sav–Amil”)—a company owned by Alan Nunnelee and Steve Hammack—roughly 3,600 acres of land in Mississippi and Tenness... More...   $0 (11-12-2010 - MS)

Blue Moon Venture, L.L.C and JME Properties, L.L.C v. Barry Horvit

This appeal arises from a suit filed by Barry Horvitz against Blue Moon Venture, L.L.C., for specific performance and breach of contract concerning the purchase of real property for $125,000. JME Properties, L.L.C., intervened to establish it owned an undivided one-half interest in the property and to enforce its agreements with Blue Moon. Horvitz counterclaimed against JME for declaratory relie... More...   $0 (10-14-2010 - TX)

J. Lynn Bock v. Robert E. Slater, Jr., et al.

¶1 This is one in a series of appeals stemming from a shareholders' derivative action. This appeal concerns the trial court's denial of a motion to cancel notices of lis pendens. We affirm in part, reverse in part, and remand with directions.

BACKGROUND

¶2 Plaintiffs are investors in a plan to purchase and renovate "distressed" hotels across the country. Defendants are Robert S... More...
   $0 (09-24-2010 - OK)

Securities and Exchange Commission v. Dell, Inc.

1. The SEC brings this action for various disclosure and accounting violations involving Dell Inc. ("Dell") from 2001 to 2006. Dell's disclosure violations, which relate primarily to Dell's receipt oflarge payments from Intel Corporation ("Intel"), fraudulently misrepresented the basis for Dell's impr~ving profitability. Dell's separate fraudulent and improper accounting during this tirrie period ... More...   $100000000 (07-23-2010 - DC)

Lance Williams v. George Coulam

This appeal concerns an agreement for the sale of all the stock of the Texas Renaissance Festival, Inc. (the “Company”), which operates the Texas Renaissance Festival near Plantersville, Texas. Appellee, George Coulam, the sole shareholder of the Company, brought suit seeking a declaratory judgment that his contract with appellant, Lance Williams, for sale of the Company was invalid. William... More...   $0 (06-24-2010 - TX)

Tobore Kokoricha v. The Estate of Donald I. Keiner

{1} At issue in this appeal is the ownership of a single-family residence in Clovis, New Mexico (the Property). Tobore Kokoricha and Oyinkan Kokoricha (the Kokorichas) appeal the district court’s order dismissing with prejudice their request for a declaratory judgment stating that they are good-faith purchasers for value of the Property. The Kokorichas contend that the district court erred when ... More...   $0 (05-06-2010 - NM)

James F. Miller v. Gary Kresser

James F. Miller, Jerry Miller, as Trustee of the James F. Miller Irrevocable Trust, Ken Bastani, and Centennial Bank appeal a final judgment in proceedings supplementary.1 We reverse the portion of the final judgment in which the trial court terminated the trust’s spendthrift provision and allowed Gary Kresser to reach undistributed trust assets.

In April 2004, Elizabeth Miller establishe... More...
   $0 (05-05-2010 - FL)

Elsie L. Braunstein v. Robinson Family Limited Partnership, LLP

[¶1] Since the earliest days of settlement and statehood, complaints and claims of adverse possession have occupied much of the time of the courts of Wyoming. Once again we are requested to grapple within that arena . . . . Snell v. Ruppert, 582 P.2d 916, 917 (Wyo. 1978).

[¶2] Today, we consider the appeal of Elsie L. Braunstein (Braunstein), record owner of several parcels of land tota... More...
   $0 (03-08-2010 - WY)

Forsgren Associates, Inc. v. Pacific Golf Community Development, LLC, et al.

Plaintiff and appellant Forsgren Associates, Inc. (Forsgren), the general contractor for construction of a public golf course and flood channel, brought this breach of contract and foreclosure action against Pacific Golf Community Development, LLC (Pacific), the developer, and against property owners, Wilshire Road LLC (Wilshire), Makasa LLC (Makasa), and Desert Tortoise Public Financing Authority... More...   $0 (02-23-2010 - CA)

Elbar Investments, Inc. v. Cheryle R. Johnston

The sole issue brought this appeal is whether the trial court can order a party to pay $500 in attorney’s fees because the party filed a lis pendens. See generally Tex. Prop. Code Ann. § 12.007(a)–(c) (Vernon 2009). We affirm.

The underlying proceeding is a divorce in which the parties, Timothy O’Bier and Eileen O’Bier, requested the trial court to appoint a receiver fo... More...
   $0 (02-18-2010 - TX)

Anthony G. Petrello v. Rahul Nath

Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nath”) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Prucka”) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More...   $0 (10-23-2009 - TX)

Keith Myers v. Wesley C. Leedy

This case presents the question of whether a tenant‟s leasehold interest in property survives a land contract vendee‟s forfeiture when the tenant is not made a party to the forfeiture action and the vendor has actual knowledge that the tenant is in possession of the property. We conclude that in this case the tenant‟s leasehold interest survives.

Facts and Procedural History

On... More...
   $0 (10-15-2009 - IN)

Valerium Pereira v. Roy Thompson and Thompson & Bogran, P.C.

On appeal, judgment on claim for legal negligence reversed and remanded for new trial with instructions to strike paragraphs 16(a) and 16(b) from plaintiff's complaint; judgment on counterclaim for breach of written contingent fee contract reversed and remanded. On cross-appeal, judgments for directed verdict on slander of title and misuse of civil proceedings claims involving lis pendens and sta... More...   $0 (09-09-2009 - OR)

Burk Collins, Fountain Mall, Inc., and Mall Group, Ltd. v. Tex Mall, L.P. and Michael Kest

This is an arbitration case. The primary issue before us is whether a trial court may review and confirm a Apartial final@ arbitration award that does not dispose of all matters submitted to arbitration or a separate independent claim of the parties. We hold, as a matter of first impression, that it may not. We, therefore, reverse and vacate the trial court=s orders and remand the case for furt... More...   $0 (08-20-2009 - TX)

City of Branson v. Branson Hills Master Association, Inc. and Grant General Contractors, Inc., and Jista, Inc.

The City of Branson, Missouri, exercised its eminent domain authority by condemning a parcel of land in Branson Hills, a development in Taney County, Missouri, owned by Grant General Contractors, Inc. (Grant). An order of condemnation was entered appointing commissioners to assess damages as prescribed by Rule 86.06. The Commissioners’ Report was filed, after which exceptions were filed by the c... More...   $0 (08-05-2009 - MO)

Martha L. Asher v. Alkan Shelter, LLC

An employer sued a former employee and his ex-wife for damages it incurred when the employee embezzled a substantial sum from the employer. The ex-wife now appeals that portion of the judgment rendered against her, arguing that the court’s findings are insufficiently specific for appellate review, that the complaint did not plead fraud with sufficient particularity, that the court should not hav... More...   $0 (07-31-2009 - AK)

M.M. Silta, Inc. v. Cliffs Erie, L.L.C.

M.M. Silta, Inc. (Silta)1 brought this breach of contract action against Cliffs Erie, L.L.C. (Cliffs), alleging that Cliffs failed to perform its obligations under two agreements stemming from reclamation of a Minnesota taconite mine.2 A jury returned a verdict for Silta on one of its contract claims, and Cliffs appeals, arguing that the district court3 submitted an erroneous jury instruction, tha... More...   $0 (07-16-2009 - MN)

Zino Davidoff SA v. CVS Corporation

18 Defendant appeals from a preliminary injunction ordered by the United States District
19 Court for the Southern District of New York (Karas, J.), which enjoined defendant, inter alia,
20 from selling plaintiff’s trademarked products with the unique production code removed. The
21 Court of Appeals (Leval, J.) affirms. Because the production codes play an important role in
22 he... More...
   $0 (06-19-2009 - NY)

United Hearts, LLC v. Mozafar Zahabian, a/k/a Mike Zahabian



Charles I. Epstein (Epstein) appeals and defendant Zan Associates, L.L.C. (Zan) cross-appeals from an order entered by the trial court on July 17, 2008, which imposed sanctions upon Epstein pursuant to Rule 1:4-8(d). For the reasons that follow, we reverse the trial court's order and dismiss the cross-appeal.

I.

This appeal arises from the following facts. On May 4, 2005, pla... More...
   $0 (05-29-2009 - NJ)

Rondigo, LLC v. Casco Township, Michigan

Plaintiffs-Appellants Rondigo, L.L.C., Delores Michaels, Ronald Michaels, and King of the Winds, Inc. (collectively, “Rondigo”) appeal the order of the district court granting summary judgment in favor of Defendant-Appellee Casco Township (“Casco” or “the Township”) in this § 1983 action. After Casco failed to approve Rondigo’s applications to operate a composting facility in Casco,... More...   $0 (05-13-2009 - MI)

Manhattan Loft, LLC v. Mercury Liquors, Inc., et al.

This appeal arises out of a storied real estate transaction. Plaintiff and appellant Manhattan Loft, LLC (appellant) purchased certain real property from Sixth & Spring, LLC, subject to an existing lease for a portion of the basement and first floor to Mercury Liquors, Inc. (Mercury). A dispute arose, prompting those with an interest in the lease1 to commence two arbitration proceedings against ap... More...   $0 (05-06-2009 - CA)

Town of Perry v. DSG Evergreen Family Ltd. Partnership

DSG Evergreen Family Limited Partnership appeals a circuit court order assigning the Town of Perry’s condemnation petition to the county condemnation commission. The primary issue is whether the Town violated the negotiation requirement in WIS. STAT. § 32.06(2a),1 causing a “fundamental” defect in the condemnation proceedings. DSG argues that such a defect arose because, after the time for ... More...   $0 (04-23-2009 - WI)

Township of West Orange v. 769 Associates, LLC

We are called upon in this matter to interpret the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 to -50, which provides in relevant part that:

If the court renders final judgment that the condemnor cannot acquire the real property by condemnation or, if the condemnation action is abandoned by the condemnor, then the court shall award the owner of any right, or title to, or interest in such re... More...
   $0 (04-09-2009 - NJ)

Allon R. Hahn d/b/a Hahn's Gulf Service v. Bertrand R. Love

Appellee Bertrand R. Love, the purchaser of a property located in Harris County, Texas, intervened in a lawsuit between appellant, Allon R. Hahn, individually and d/b/a Hahn's Gulf Service (collectively, "Hahn"), and Mid-Town Roofing and Construction, Inc. ("Mid-Town"), seeking to enjoin Hahn from carrying out an execution sale on the property to satisfy a judgment lien against a third-party, O'N... More...   $0 (03-27-2009 - TX)

John A. Kowske v. Ameriquest Mortgage Company

¶1 In A.B.C.G. Enterprises, Inc. v. First Bank Southeast, N.A., 184 Wis. 2d 465, 515 N.W.2d 904 (1994), the Wisconsin Supreme Court considered whether claim preclusion barred a mortgagor’s mortgage-related claims against a mortgagee where the mortgagee was previously granted numerous default judgments of foreclosure. See id. at 471. The court held that the mortgagor “was required to countercl... More...   $0 (03-24-2009 - WI)

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