This is a breach of contract case. Appellant CenterPlace Properties, Ltd. (CenterPlace) appeals an adverse judgment following a bench trial in a suit for breach of a lease agreement that CenterPlace filed against Appellee Columbia

2

Medical Center of Lewisville Subsidiary, L.P. d/b/a Medical Center of Lewisville (MCL) and Raymond Dunning. 1 The trial court’s judgment ordered th... More...   $0 (05-30-2013 - TX)

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w... More...   $0 (05-02-2013 - TX)

¶1 This is a dispute over a $675,000 promissory note. The note was amortized over thirty years, but a balloon payment was due in about ten years. Although Appellees (the Bradys) made every monthly payment for nearly ten years—albeit some late—

Brady v. Park

20110208�CA 2 2013 UT App 97

Appellants (Park) won a judgment against them for more than $2.4 million.

¶2 ... More...   $0 (04-18-2013 - UT)

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Appellant Linda Lough appeals the trial court’s order granting summary judgment for appellees James Pack and Betty Pack. We affirm.

Background Facts

Linda Lough and James and Betty Pack were friends. On February 9, 2011, James Pack picked Lough up from her house and took her to the Packs’ house for a visit. There had been an ice storm the day before, and there wa... More...   $0 (03-21-2013 - TX)

Mauna Loa Investments, LLC (“Mauna�), appeals from a final judgment
entered in favor of Anamaria Santiago (“Santiago�) after a default was entered
against it and a jury trial conducted on damages. Because the complaint fails to
state a claim upon which relief may be granted against Mauna, we reverse.

I. FACTUAL AND PROCEDURAL HISTORY

Santiago leased space for ... More...   $0 (03-20-2013 - FL)

Appellant Crosstex DC Gathering Company, J.V. condemned a portion of land owned by Terry Titus Button and Ossie A. Button for purposes of a pipeline easement.[2] The Buttons objected to the commissioner’s award, and the issue of damages resulting from the easement was tried to a jury. Crosstex now appeals from the part of the trial court’s judgment in condemnation awarding the Buttons $794,7... More...   $794789 (01-26-2013 - TX)

Plaza de Santa Fe Limited, LLC (Plaza) and Stump's Market, Inc. (Stump's Market) have enjoyed a long contractual relationship in which Plaza leases certain commercial property in a shopping center to Stump's Market. Stump's Market operates a grocery store on the leased premises. Unfortunately, after a dispute regarding the calculation of rent, the existence of an option to extend the lease, and th... More...   $0 (01-12-2013 - CA)

Oakdale Mall Associates (Oakdale), a Minnesota limited partnership, and Cincinnati Insurance Company (Cincinnati), an Ohio corporation, dispute whether the commercial property insurance policy Oakdale purchased from Cincinnati covers a loss Oakdale suffered on August 4, 2009. On cross-motions for summary judgment regarding coverage, the district court 1 denied Oakdale’s motion for summary judgme... More...   $0 (01-10-2013 - MN)

Appellants Denise and Greg Brown appeal from a summary judgment granted in favor of appellee American Western Home Insurance Company. In only a single issue, the Browns contend the trial court erred by granting summary judgment. We affirm.

Background and Procedural History

Denise and Greg Brown own a condominium unit located at 4439 Travis, Dallas, Texas. Like the other condominium u... More...   $0 (01-07-2013 - TX)

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78Bâ€�5â€�825. See Utah Code Ann. § 78Bâ€�5â€�825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78Bâ€�5â€�825. See Utah Code Ann. § 78Bâ€�5â€�825 (LexisNexis 2012). We vacate the judgment and re... More...   $0 (01-04-2013 - UT)

Jeffrey Cox and Brandy Fox d/b/a Leo's Exotic Artz sued Kerry Kifer, Kerry Kifer Insurance Agency, Inc. and Scottsdale Insurance Company on fraud, negligence and bad faith insurer liability theories.

Kerry Kifer Insurance Agency, Inc. is an “independenV’ insurance agency and is a retailing agent for various insurers, including Scottsdale Insurance Company (“Scottsdale�).

... More...   $1 (12-21-2012 - OK)

Skidmore, Owings & Merrill LLP (SOM) and HKS, Inc. (individually & doing business as HKS Architects, Inc.; hereafter HKS) are design professionals. SOM and HKS (collectively Respondents) provided architectural and engineering services, as well as construction administration and construction contract management, for the Beacon Residential Condominiums—595 condominium units and associated common a... More...   $0 (12-14-2012 - CA)

This is an appeal from an order granting summary judgment in favor of Appellee, Barker Roofing, L.P. (Barker) in a subrogation lawsuit filed by Appellant, American Zurich Insurance Company (AZIC), as Subrogee of the Varsity Golf Club, Ltd d/b/a The University of Texas Golf Club (UT), seeking to recover damages suffered by its insured, UT, due to a fire allegedly caused by Barker. The trial court g... More...   $0 (10-25-2012 - TX)

A construction crew encountered evidence of rodents the

day they began moving into leased housing. They left without waiting for the

problem to be resolved, and the construction company sued the landlord to

recover prepaid rents. A rodent infestation evident at move-in represents an

actionable breach of the implied warranty of habitability, justifying res... More...   $0 (10-08-2012 - WA)

2 Husband appeals a judgment of dissolution, challenging the trial court's
3 spousal support award to wife and its division of the parties' property and debts. We
4 reject his challenge to the spousal support award without discussion and write only to
5 address the division of the property and debts. We conclude that the trial court acted
6 within its discretion in making the divis... More...   $0 (09-26-2012 - OR)

Appellants Kostas, Inc., and Kenneth Berdick appeal a final judgment dismissing with prejudice their complaint against Gabe Costilla. We reverse and remand for further proceedings.

The complaint filed by appellants alleges that Gabe Costilla is the owner and landlord of commercial property he leased to Maria Longo through her power of attorney, Constantine Angeles. Longo leased the property... More...   $0 (09-14-2012 - FL)

In this personal injury action, Louis Fernandes sued AGAR Supply Company, Inc., for negligence in federal district court under diversity jurisdiction. Fernandes, a resident of Rhode Island, injured his back when he stepped into a hole in the floor of a tire "shed" which was on property leased by AGAR, a Massachusetts corporation, to Fernandes's employer, Penske Truck Leasing. Whatever remedies Fe... More...   $0 (07-31-2012 - MA)

General Star Indemnity Company (“General Star�) seeks certiorari review of an order overruling its objections to discovery of materials concerning its business practices and policies. We grant the petition and quash the order.

General Star issued a commercial property insurance policy to Atlantic Hospitality of Florida, LLC (“Atlanticâ€�). Hurricane Charlie damaged Atlantic’s proper... More...   $0 (07-25-2012 - FL)

The defendants Beverly Hills Suites, LLC, and Sharok Jacobi1 appeal from the summary judgment of strict foreclosure rendered in favor of the plaintiff, MCCFunding, LLC. On appeal, the defendants claim that the court abused its discretion in denying their request for a continuance to present their own appraisal report on the property. We disagree with the defendants, affirm the judgment of the tria... More...   $0 (07-23-2012 - CT)

Plaintiffs Naranjibhai Patel and Ramilaben Patel are owners and operators of motels in Los Angeles. They challenge the constitutionality of Los Angeles Municipal Code (LAMC) § 41.49, which requires operators of hotels in the City to maintain certain guest registry information and to make that information available to police officers on request. Appellants contend that LAMC § 41.49 is facially un... More...   $0 (07-18-2012 - CA)

After purchasing a commercial property in Santa Rosa in 2006, Michael Standefer learned the property was subject to a local ordinance that required him to incur substantial earthquake retrofitting costs. He sued the seller and the seller‘s real estate brokers and property manager—as well as his own broker—for failing to make him aware of the ordinance or its possible application to the prope... More...   $0 (06-08-2012 - CA)

Ken Shifren filed a legal malpractice action in 2009 against defendants Randy M. Spiro and the firm Altshuler & Spiro (Attorneys) after a court determined in Shifren‟s marriage dissolution action that the trust documents Attorneys prepared failed to ensure that Shifren‟s mother‟s gift of real property would be characterized as his separate property. In the marriage dissolution action, the co... More...   $0 (05-25-2012 - CA)

Appellant, Jessica Port, and Appellee, Virginia Anne Cowan, married in California in 2008. Approximately two years later, Port and Cowan agreed mutually to separate. Port filed ultimately a divorce complaint, on the ground of voluntary separation, in the Circuit Court for Prince George’s County (at the time, she was a resident of the County). Cowan answered the complaint in a “no contestâ€� ma... More...   $0 (05-18-2012 - MD)