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Real Estate Law
 
Little Bear Resources, LLC v. Nemaha Services, Inc.

¶1 Appellant Nemaha Services, Inc. (Nemaha) appeals the trial court's order confirming the sheriff's sale of certain real property upon a writ of general execution in favor of Little Bear Resources, LLC (Little Bear) to collect on a judgment. Nemaha contends the full appraised value of the property of $160,000 should have been credited against Little Bear's judgment instead of Little Bear's purch... More...   $0 (02-22-2011 - OK)

Pack 2000, Inc. v. Eugene C. Cushman

The plaintiff, Pack 2000, Inc., brought these actions against the defendant, Eugene C. Cushman, seeking specific performance of two options to purchase realty that the plaintiff had leased from the defendant. After a trial to the court, the court rendered judgments in favor of the plaintiff. The defendant then filed this appeal, claiming that the court was required to apply a strict compliance sta... More...   $0 (02-21-2011 - CT)

Wes Johnson v. Wells Fargo Home Mortgage, Inc.

The District Court, believing it was implementing an agreement between the parties, did not review an arbitrator’s award when presented with motions to confirm and to vacate the award under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

It instead passed initial review of the award onto this appellate court. We should not, and will not, permit the Congressionally-established structu... More...
   $0 (02-19-2011 - NV)

Donald Brandt v. Jonathan E. Ozmint

Donald Brandt instituted a legal malpractice suit against Elizabeth Gooding and her law firm, Gooding & Gooding PA, (collectively "Gooding") in South Carolina state court after Gooding represented Brandt in the closing of a real estate transaction. During the course of that proceeding, the state court summarily found Brandt guilty of criminal contempt and sentenced him to six months’ imprisonmen... More...   $0 (02-18-2011 - SC)

William White v. R.M. Packer Co., Inc.

The plaintiffs in this case complain that the prices for gasoline on Martha's Vineyard have been artificially high due both to an illegal price-fixing conspiracy among four of the island's nine gas stations and to unconscionable price-gouging in the aftermath of Hurricanes Katrina and Rita in 2005. As to the antitrust claims, the stations agree for the purposes of summary judgment that there is ev... More...   $0 (02-18-2011 - MA)

Ramior Rodriguez v. E.D. Construction, Inc.

The plaintiff, Ramiro Rodriguez, appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner) to dismiss his claim for benefits for injuries he suffered in an accident while installing a roof for the defendant E.D. Construction, Inc.1 On appeal, the plaintiff claims that the board improperly affirmed... More...   $0 (02-18-2011 - CT)

Peter C. Kores v. Thomas L. Calo

The plaintiff, Peter C. Kores, appeals from the judgment of the trial court awarding him only nominal damages in his successful action against the defendants, Thomas L. Calo and Gail M. Calo. On appeal, the plaintiff claims that the court improperly (1) concluded that Kemp Road in Winchester, also known as Calo’s Way, was a private road, (2) treated the defendants’ motion for articulation and ... More...   $0 (02-18-2011 - CT)

City of North Richland Hills v. Home Town Urban Partners, Ltd.

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (02-17-2011 - TX)

Chapman Kelley v. Chicago Park District

Chapman Kelley is a nationally recognized artist known for his representational paintings of landscapes and flowers—in particular, romantic floral and woodland interpretations set within ellipses. In 1984 he received permission from the Chicago Park District to install an ambitious wildflower display at the north end of Grant Park, a prominent public space in the heart of downtown Chicago. “Wi... More...   $0 (02-15-2011 - IL)

Henry C. Suominen, Jr. v. Goodman Industrial Equities Management Group, LLC

The plaintiff, Henry C. Suominen, Jr., was employed as the construction manager of defendant Goodman Industrial Equities Management Group, LLC (GIE), a small real estate development firm. [FN2] In that position, he enjoyed an annual salary of $225,000. After he was fired in 2004, Suominen filed an action against GIE and its principal, defendant Steven E. Goodman, alleging that Goodman had broken a... More...   $0 (02-11-2011 - MA)

Dewayne Gibson v. The Automobile Insurance Co. of Hartford, Connecticut

¶1 Plaintiffs/Appellants Dewayne and Susan Gibson appeal from summary judgment entered in favor of The Automobile Insurance Company of Hartford, Connecticut (Insurer).1 The material facts are not in dispute. The record shows the Gibsons did not have a policy of insurance in effect at the time of their claimed loss and Insurer was therefore entitled to judgment as a matter of law. We affirm.
More...
   $0 (02-10-2011 - OK)

Aspenwood Apt. Corporation v. Coinmach, Inc. f/k/a Solon Automated Services, Inc.

Appellee, Coinmach, Inc. f/k/a Solon Automated Services, Inc. (“Coinmach”), filed a motion for rehearing of our August 19, 2010 opinion. We grant rehearing and withdraw our August 19, 2010 opinion and judgment and issue this opinion and judgment in their place. The disposition of the case remains unchanged.

Appellant, Aspenwood Apartment Corporation (“Aspenwood”), appeals the tr... More...
   $0 (02-10-2011 - TX)

Reliant Energy Services, Inc. v. Cotton Valley Compression, L.L.C.

Cotton Valley Compression, L.L.C. (“Cotton Valley”) brought a breach‑of‑contract action against Reliant Energy Services, Inc. (“Reliant”) based on theories of actual and apparent agency by a third-party, Westfield Oil & Gas, Inc. (“Westfield”).[1] The jury found in favor of Cotton Valley on both theories of agency and rejected Reliant’s affirmative defense of quasi-estoppel. Th... More...   $0 (02-10-2011 - TX)

JSC Neftegas-Impex v. Transcontinental Products and Services, Inc. and Citibank, N.A.

A jury rendered judgment in favor of JSCNI and against Transcontinental Products and Services, Inc. ("TPS") for fraud and breach of fiduciary duty. The jury also rendered judgment in favor of JSCNI and against Citibank for fraud, knowing participation in TPS's breach of fiduciary duty, and conspiracy. The jury awarded actual damages against both defendants and exemplary damages against Citibank. T... More...   $0 (02-10-2011 - TX)

Sonja Leonard v. Olayinka O. Olawale

This is an appeal from the statutory county court’s judgment awarding possession of a residence to appellee Olayinka O. Olawale based on appellant Sonja Leonard’s nonpayment of rent.[1] The forcible‑detainer suit was originally filed by Olawale in the justice court against Leonard, and the justice court rendered judgment for Olawale. See Olawale v. Leonard, No. EV71C0035513 (J.P. Ct. Preci... More...   $0 (02-10-2011 - TX)

George Wasserman & Janice Wasserman v. Jack Kay

Appellants, The George Wasserman and Janice Wasserman Goldsten Family Limited Liability Company (“WGF”) and Anthony Tanzi, as Trustee of the Lisa W. Gill Trust (“Gill Trust”), are partners in five real estate investment general partnerships and members in two real estate investment LLCs (collectively, the “investment vehicles”). Appellees are Jack Kay (“Mr. Kay”), the managing memb... More...   $0 (02-09-2011 - MD)

Chad Anderson v. EMC Mortgage Corporation

After Chad Anderson’s damaged credit rating caused him to lose favorable financing for a real estate purchase, he commenced this action in state court against a real estate adviser or broker, two credit reporting agencies (CRAs), and the furnisher of the adverse credit information, EMC Mortgage Company (EMC), which holds a second mortgage on Anderson’s home. He alleged that EMC violated the Fa... More...   $0 (02-09-2011 - MN)

Irish Oil and Gas, Inc. v. Gerald C. Riemer

[¶1] Irish Oil and Gas, Inc. appeals from the district court judgment dismissing its complaint against Gerald C. Riemer, Doris E. Riemer, Lillie J. Riemer, and Joanne Johnson ("the Riemers") with prejudice. We affirm in part, reverse in part and remand for proceedings consistent with this decision.

I

[¶2] In January and February 2008, Irish Oil entered into oil and gas leases with ... More...
   $0 (02-08-2011 - ND)

Richard Bennett, Jr. v. New Milford Hospital, Inc.

In this certified appeal, we consider two significant issues that have arisen under General Statutes (Rev. to 2005) § 52-190a, as amended by Public Acts 2005, No. 05-275, § 2 (P.A. 05-275),1 namely: (1) whether a surgeon, who likely would be qualified to testify as an expert witness at the trial of a medical malpractice action against a specialist physician pursuant to subsection (d) of General ... More...   $0 (02-08-2011 - CT)

Cathleen Schandelmeier-Bartels v. Chicago Park District

While employed by the Chicago Park District, Cathleen Schandelmeier, a Caucasian, reported to her immediate supervisor that she had witnessed a possible incident of child abuse against an African-American child by his African-American aunt.

Technically, the Park District’s cross-1 appeal is unnecessary.

See Advisory Committee Note to Fed. R. Civ. P. 50(c)(1) (“The party in whose ... More...
   $0 (02-08-2011 - IL)

Lenan Cappel v. Riaso, L.L.C.

In this appeal, we are asked to determine whether, in an action to enforce a confession of judgment clause in a guarantee of a promissory note executed outside the State of Maryland, the Circuit Court for Montgomery County had personal jurisdiction over Lenan Cappel and his wife, Pauline Cappel, (the “Cappels”), appellants, by virtue of their ownership of unimproved real property in Maryland u... More...   $0 (02-07-2011 - MD)

Town of Coventry v. Baird Properties, L.L.C.

This case came before the Supreme Court on October 27, 2010, pursuant to an order directing the parties to appear and show cause why the issues in this appeal should not summarily be decided. The defendant, Baird Properties, LLC (defendant or Baird) appeals from: (1) a Superior Court order enjoining the defendant and “its member,” Michael Baird, from harassing the intervenors, James and Lee St... More...   $0 (02-07-2011 - RI)

D. Douglas Rehman v. Lake County, Florida

D. Douglas Rehman [“Rehman”], pro se, appeals the trial court’s entry of summary final judgment in favor of Lake County, Florida, [“Lake County”], Mid-Lake Holdings, LLC, Ashish Karve, Chaitrali Karve, and Albert E. Harthman [“collectively Harthman”].

The proceeding below was an action for declaratory and injunctive relief brought pursuant to section 163.3215, Florida Statutes... More...
   $0 (02-04-2011 - FL)

DAvid K. Panico v. State Farm Fire and Casualty Company

This case concerns an insurance company’s duty under Colorado law to defend its insureds against claims by third parties. The plaintiff/appellants, David Panico and Janice Panico (the Panicos), sold a property and the buyers, Martha Cesery Taylor and Walter Taylor (the Taylors), sued them upon discovering the property was not as represented.1 State Farm Fire and Casualty Company (State Farm) ref... More...   $0 (02-03-2011 - CO)

George Kelley v. Warren Yadon

This is an appeal from a judgment holding that the Plaintiffs are beneficiaries of a resulting trust in land titled in the names of the Defendants. We affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

In the late 1990’s, George and Joann Kelley wanted to purchase a 670-acre farm, but they had neither the cash nor the credit to do so. They persuaded a friend to purchase the farm,... More...
   $0 (02-02-2011 - ID)

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