Thomas Nickerson and Claire Nickerson v. Watermark Marina of Palm County and Martin County Marine Corporation |
Thomas Nickerson and Claire Nickerson (collectively, the Nickersons), defendants below, sought certiorari and prohibition relief from a non-final order which granted the plaintiff's motion for release of a lis pendens bond, substituting a pledge of stock. By earlier order, this court denied the petition for writ of prohibition on the merits. We now grant the petition for writ of certiorari. ... More... $0 (01-12-2008 - FL) |
Greensleeves, Inc. v. Philip B. Smiley, Sr., et al. |
Justice Robinson for the Court. The plaintiff, Greensleeves, Inc., appeals to this Court from the entry of judgment in favor of the defendant, Eugene W. Friedrich.1 This case came before the Court for oral argument on October 1, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering ... More... $0 (12-13-2007 - RI) |
Marian B. Farris v. Advantage Capital Corporation |
1 Arizona law permits a party to a legal "action affecting title to real property" to file a lis pendens with the county recorder. Ariz. Rev. Stat. ("A.R.S.") § 12-1191(A) (2003 & Supp. 2006). The filing provides notice to interested persons that the property is subject to litigation. 2 The United States District Court for the District of Arizona has asked us whether a creditor's action... More... $0 (11-29-2007 - AZ) |
Mountain West Surgical Center, LLC, et al. v. Hospital Corporation of Utah, et al. |
1 Mountain West Surgical Center and Mountainwest Medical Properties (collectively "Mountainwest") appeal the district court's decision granting summary judgment to Hospital Corporation of Utah ("HCU") on Mountainwest's claims of tortious interference with economic relations and abuse of process. The district court granted summary judgment in favor of HCU, in part because Mountainwest fa... More... $0 (11-27-2007 - UT) |
Front Range Home Enhancements, Inc. v. Michael Stowell |
Plaintiff, Front Range Home Enhancements, Inc., appeals from the trial court order denying its request for an award of attorney fees against defendant, Michael Stowell. Plaintiff also appeals from a subsequent order imposing sanctions against it pursuant to section 13-17-102, C.R.S. 2007. We affirm. Plaintiff filed a complaint alleging that defendant failed to pay for certain improvemen... More... $0 (11-01-2007 - CO) |
Leland Stahelin and Jes Ventures, LLC v. The Forest Preserve District of Du Page County and Morton Abroetum |
Plaintiffs, Leland Stahelin and JES Ventures, L.L.C., are owners of an 18-acre parcel of land bordered on three sides by defendant Morton Arboretum (Morton). Plaintiffs wish to develop the property, and defendant the Forest Preserve District of Du Page County (the District) wishes to preserve the property in its current state, for the benefit of the public. Following negotiations to buy t... More... $0 (10-10-2007 - IL) |
Mavco, Inc. d/b/a Maverick Construction v. Rodney Eggink, et al. |
Approximately four months after filing a mechanic's lien statement against Rodney and Karla Eggink's real property and serving a copy of the statement on the Egginks, Mavco, Inc. commenced an action in Sherburne County District Court to foreclose its lien. Three days before Mavco filed its complaint, summons, and notice of lis pendens, the Egginks granted a mortgage on their property to Wells ... More... $0 (09-08-2007 - MN) |
Jon A. Potcinski v. McDonald Property Investments, Ltd. |
Appellant, Jon A. Potcinske, claims that he and appellee, McDonald Property Investments, Ltd., (McDonald Property), entered into a contract in which McDonald Property agreed to sell 2.1 acres of real property to Potcinske. When McDonald Property did not convey the property, Potcinske filed suit alleging breach of contract and seeking specific performance. In two issues, Potcinske appeals ... More... $0 (06-16-2007 - TX) |
Erin Brown v. Grace Smith |
In this case, we must examine the nature of a nominal damages award, and whether there is a maximum limitation on the dollar amount that can be considered nominal damages. We do so in the context of a claim that appellants and cross-appellees Erin and Norma Brown trespassed on property owned by Grace and Viola Smith, appellees and cross-appellants, by traveling over a farm lane to access a public ... More... $0 (03-29-2007 - MD) |
Jayendra A. Shah, et al. v. Marilyn E. McMahon |
Plaintiffs, Jayendra and Usha Shah (the Shahs), have purported to appeal from an order of the superior court awarding attorneys fees to respondent Marilyn McMahon (McMahon) following the court's order granting McMahon's motion to expunge lis pendens. (Code Civ. Proc., § 405.38) We conclude the appeal is taken from a nonappealable order, and grant McMahon's motion to dismiss the appeal. ... More... $0 (03-14-2007 - CA) |
Jeanne Morris and Chuck Pate v. Arthur J. Osteen, etc., et al. |
Jeanne Morris and Chuck Pate ["Morris and Pate"] appeal the trial court's order granting Appellees', Neil T. and Lisa M. Barzano ["Barzanos"], summary final judgment on their claim for ejectment, foreclosure and reasonable rental value. We reverse. This case is about rights to a single piece of property, initially owned by Ronald and Carla Gagliano ["Gaglianos"]. The Gaglianos mortga... More... $0 (01-26-2007 - FL) |
Joseph F. Perroncello v. Paul J. Donahue, Sr. |
In this case, we must decide whether the seller of real estate is entitled to liquidated damages for the buyer's breach of the contract of sale where, subsequent to the breach, the seller obtained court-ordered specific performance from the buyer. The question is one of first impression in the Commonwealth. A judge in the Superior Court granted summary judgment against the seller, conclud... More... $0 (01-17-2007 - MA) |
Sonia DeLuna, et al. v. Eloy Burciaga, et al. |
Plaintiffs, Sonia DeLuna, Susanna DeLuna, Griselda DeLuna, and Oscar DeLuna, filed a legal malpractice action in the circuit court of Cook County against defendants, Eloy Burciaga, Barbara Clinite, and Michael Rathsack. Defendants moved to dismiss plaintiffs' fourth amended complaint, arguing that plaintiffs' suit was foreclosed by the applicable statute of repose. The circuit court granted def... More... $0 (10-18-2006 - IL) |
Orhan Yavuz v. 61 MM, Ltd., et al. |
Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More... $0 (09-22-2006 - OK) |
Orhan Yavuz v. 61 MM, Ltd., et al. |
Orhan Yavuz, a Turkish citizen, has been involved in various international business transactions with Kamal Adi, a dual Syrian and Swiss citizen, since the early 1980s. Frustrated with the treatment of what he considers an investment in certain real property in Tulsa, Oklahoma (the Tulsa Property), Mr. Yavuz has brought suit against Mr. Adi and others, seeking relief under the federal Racketee... More... $0 (09-20-2006 - OK) |
Robert Ortiz v. Andrew Collins, Tim Welsh and Jerel S. Twyman |
The trial court granted summary judgment against appellant Robert Ortiz on all of his claims against appellees Andrew Collins, Tim Welsh, and Jerel S. Twyman. In four issues, Ortiz claims the trial court erred in dismissing his claims. In one cross issue, Collins and Welsh challenge this court=s appellate jurisdiction.[1] We affirm in part and reverse and remand in part. ... More... $0 (07-07-2006 - TX) |
Anna Slintak, et al. v. Buckeye Retirement Co., LLC, Ltd. |
Appellant Buckeye Retirement Co., L.L.C., Ltd. (Buckeye) appeals from summary judgment entered on the cross-complaint of Anna Slintak and Bohumir Marik (collectively Marik) for quiet title and cancellation of a deed of trust held on property owned by Marik. The trial court held that Buckeye's right to foreclose on a deed of trust encumbering Marik's property had expired under the statute of... More... $0 (05-17-2006 - CA) |
Leonard Askew v. City of Chicago, Illinois, et al. |
According to a dispatch based on a 911 call, a black man driving a maroon car had pulled a gun near 103rd Street and Pulaski Avenue in Chicago. Police arrived swiftly and found Leonard Askew's maroon car on the median that divides Pulaski's lanes. They asked Askew, who is black, whether he had a gun; he said no, though a frisk turned up a knife. Craig Padgett and Carrie Lis, who had been... More... $0 (03-16-2006 - IL) |
Varian Medical Systems, Inc., et al. v. Michelangelo Delfino, et al. |
Under Code of Civil Procedure section 425.16, subdivision (b)(1),1 a defendant may move to strike any cause of action "arising from any act . . . in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue . . . ." If the plaintiff cannot demonstrate a "probability" of prevailing on that cause of acti... More... $0 (03-07-2005 - CA) |
Gregory Wilson and Susan Wilson v. Nicola DeCosola |
Following a bench trial, the circuit court of Du Page County entered judgment against defendant, Nicola DiCosola, and in favor of plaintiffs, Gregory and Susan Wilson, in the amount of $78,143.15 plus costs. Initially, defendant raised four issues on appeal. However, he later moved to dismiss all but the issues of: (1) whether plaintiffs' damages for loss of use were actually damages for menta... More... $3144 (09-15-2004 - IL) |
In the Matter of the Estate of Cordellia Steffes Trust, Cordellia Steffes, a/k/a Cordelia Steffes vs. Justin A. Hoffman, and John F. Foust, Trustee and/or Franklin Trust Interest, Alden Steffes, Trustee and/or M. Life Foundation, and Whitfield Financial Corporation. |
Justin Hoffman and Franklin Trust Interests (Franklin Trust) appeal from the district court's grant of summary judgment in favor of Cordellia Steffes. We reverse and remand for further proceedings consistent with this opinion. I. Background Facts and Proceedings. On July 6, 1998, Alden Steffes conveyed two parcels of real estate, referred to as the Audubon County property and ... More... $0 (08-26-2004 - IA) |
Brandon Farms Property Owners Association, Inc. v. Brandon Farms Condominium Association, Inc. |
In this case, the primary issue is whether the Condominium Act (Act), N.J.S.A. 46:8B-1 to –38, permits a developer to require a condominium association to b... More... $0 (07-23-2004 - NJ) |
Lisa Lind-Larsen v. Fleet National Bank of Connecticut, et al. |
The plaintiff, Lisa Lind-Larsen,1 appeals from the summary judgment rendered by the trial court in favor of the defendants, Fleet National Bank of Connecticut and its subsidiary, GTT Corporation, (Fleet)2 and Ocwen Federal Bank, FSB (Ocwen). The court granted Fleet's motion for summary judgment on the ground that the respective statutes of limitation applicable to counts one through five... More... $0 (07-19-2004 - CT) |
VICTORIA LIS ALBERTY-VÉLEZ v. CORPORACIÓN DE PUERTO RICO PARA LA DIFUSIÓN PÚBLICA, D/B/A WIPR CHANNEL 6 |
This pregnancy and gender discrimination case is before us for the second time. See Alberty-Vélez v. Corporación de Puerto Rico Para La Difusión Pública, 242 F.3d 418 (1st Cir. 2001) ("Alberty-Vélez I"). Despite its complicated history, this second appeal presents a familiar question--did the district court correctly grant summary judgment for the defendant? We conclude that summary disposition... More... $0 (03-02-2004 - PR) |
William Bilgere v. Madlyn C. Bilgere. |
The personal representative of the estate of William T. Bilgere appeals the judgment abating the dissolution action that was pending when Mr. Bilgere died. We dismiss the appeal for lack of jurisdiction. Mr. Bilgere filed a petition for dissolution in early 2002. Prior to entry of judgment in the dissolution action, Mr. Bilgere died. Mrs. Bilgere filed a motion to abate the dissolution proce... More... $0 (02-25-2004 - MO) |
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