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Real Estate Law
 
Maple Street A.M.E., Zion Church v. City of Williamsport

Maple Street A.M.E. Zion Church (Church) and the City of Williamsport and City Council of the City of Williamsport (collectively, City) file cross-appeals from the order of the Court of Common Pleas of Lycoming County (trial court) striking a condition requiring the Church to obtain a written license for eight off-street parking spaces and otherwise affirming the City Council of the City of Willia... More...   $0 (10-08-2010 - PA)

Robert L. Cullen v. J. Bennett McNeal

In this cross-appeal, the Appellants-Respondents (the Homeowners) argue the circuit court erred in (1) considering extrinsic evidence in interpreting the Declarations for Wright's Point; (2) construing the term "Developer"; (3) finding undeveloped land was a part of Wright's Point; (4) finding B. McNeal Partnership, L.P. was a "successor developer"; (5) finding the Developers were entitled to co... More...   $0 (10-06-2010 - Sc)

Laurie Paul v. Providence Health System-Oregon

Plaintiffs brought this class action after unencrypted records containing personal, medical, and financial information of an estimated 365,000 patients were stolen from the car of one of defendant's employees. Plaintiffs alleged that defendant had negligently failed to safeguard those records and that defendant had violated the Unlawful Trade Practices Act (UTPA) by representing that it would kee... More...   $0 (10-06-2010 - OR)

Phil Holmes v. Sieglinde Summer

Particularly in these days of rampant foreclosures and short sales, “[t]he manner in which California‟s licensed real estate brokers and salesmen conduct business is a matter of public interest and concern. [Citations.]” (Wilson v. Lewis (1980) 106 Cal.App.3d 802, 805-806.) When the real estate professionals involved in the purchase and sale of a residential property do not disclose to the b... More...   $0 (10-06-2010 - CA)

Patrick L. Cogswell v. CitiFinancial Mortgage Company

CitiFinancial Mortgage assigned its interest in a mortgage to two investors—doing business as “The Patrick Group”—but never delivered the original or a copy of the underlying note. When The Patrick Group tried to foreclose on the mortgage in Illinois state court, its action was dismissed because it could not produce the note. After an unsuccessful appeal, The Patrick Group filed this breac... More...   $0 (10-05-2010 - IL)

Stephen Gregory v. Kenneth Pulasky

Plaintiff, a residential landlord, sued defendant, his tenant, for rent due and other expenses resulting from defendant's premature vacation of the premises. Defendant did not respond to the action and default was entered. After a proof hearing, the court entered judgment in plaintiff's favor for $10,514.86, plus costs and interest. The court did not allow additional expenses claimed by plaintiff... More...   $0 (10-01-2010 - NJ)

Leesboro Corporation v. Claude Hendickson

In this interlocutory appeal, appellant Leesboro Corporation challenges the trial court's grant of appellee Claude Hendrickson's special appearance. Leesboro sued Dixie Demolition, Hendrickson, who is the owner and manager of Dixie Demolition, and several other defendants on various claims related to a salvage operation at a power plant in Rockdale, Texas. Leesboro brought tort claims against Hen... More...   $0 (10-01-2010 - tX)

Carol C. Manson v. Cindy D. Shepherd

After the death of her husband, Maynard F. Manson, appellant Carol C. Manson became the sole trustee of the Maynard F. Manson and Carol C. Manson Revocable Living Trust (the Trust).1 In addition to being the trustee and the sole income beneficiary of the Trust, Carol is the president of the Trust‟s primary asset, Wave Crest Development, Inc. (Wave Crest), and the chair of Wave Crest‟s board of... More...   $0 (09-30-2010 - CA)

Kimberly Lynn Nichols v. Joseph L. Donaldson

Kimberly Lynn Nichols, Kerri Hanna and Kelly Lynn Donaldson (collectively Appellants) appeal from the trial court’s judgment awarding Joseph L. Donaldson (Respondent) $49,765.66 on their petition for partition and account and on Respondent’s counterclaim for quantum meruit. We reverse and remand.

Factual and Procedural Background

On March 23, 1992, Walter Donaldson (Donaldson... More...
   $0 (09-28-2010 - MO)

Evan Hoit v. Brent Warren Rankin and Kimberly Webb

This is an appeal from a judgment entered in a partition action. Brent Warren Rankin ("Rankin") and his wife, Kimberly Webb ("Webb"), (collectively referred to as the "Rankins")1 contend that the trial court erred when it found that the respective interests owned by the Rankins and Evan Lee Hoit and Evelyn Jeanne Hoit (the "Hoits") in a residence at 1713 Jordan Street, Kearney, Missouri (the "Hous... More...   $0 (09-28-2010 - MO)

Virgil Shelton v. Kennedy Funding

This appeal arises out of the sale of an Arkansas cemetery. A jury awarded the cemetery’s seller, Virgil Shelton, $1,675,000 on his breach-of-contract and fraud claims against Kennedy Funding, Inc. (KFI). KFI appeals. We affirm in part, reverse in part, and remand for reduction of Shelton’s judgment to $675,000.

I. BACKGROUND

A. Factual Background2

1. Shelton Sells R... More...
   $0 (09-28-2010 - )

Michael Bateman v. American Multi-Cinema, Inc.

In this Fair and Accurate Credit Transactions Act (“FACTA”) case, Plaintiff-Appellant Michael Bateman appeals the district court’s denial of class certification. Bateman sued American Multi-Cinema, Inc., (“AMC”) on behalf of a class of similarly situated individuals, alleging that AMC violated FACTA by printing more than the last five digits of consumers’ credit or debit card numbers o... More...   $0 (09-27-2010 - CA)

Ralph Leroy Menzies v. State of Utah

¶1 Nearly twenty-six years ago, a jury convicted Ralph Leroy Menzies of the first degree murder of Maurine Hunsaker. At sentencing, Judge Raymond Uno imposed the death penalty. Since then, we have issued three opinions in Mr. Menzies‘s case:
MENZIES v. STATE
Opinion of the Court
2
two from direct appeals1 and one from a post-conviction appeal.2 In Mr. Menzies‘s first post-conv... More...
   $0 (09-23-2010 - UT)

In Re: Community Bank of Northern Virginia and Guaranty National Bank of Tallahassee Second Mortgage Loan Litigation

This is the second appeal from the certification of a consolidated “settlement only” nationwide class action that alleged an illegal home equity lending scheme involving two banks and a company that purchased second mortgage loans from them. Certain members of the class (the “Objectors”) contest the District Court’s decisions certifying that class and approving the class settlement. As i... More...   $0 (09-23-2010 - )

Dafna Uzyel v. Neil Kadisha

Neil Kadisha served as the trustee of two trusts. The beneficiaries, Dafna Uzyel and her children Izzet and Joelle Uzyel (collectively the Uzyels), filed petitions for breach of trust against Kadisha and terminated the trusts. After a nonjury trial, the trial court awarded the Uzyels over $59 million in compensatory damages and disgorgement of profits, plus $5 million in punitive damages and over ... More...   $0 (09-22-2010 - CA)

JPMorgan Chase Bank, N.A. v. Specialty Restaurants, Inc.

¶1 We granted certiorari to address a single issue: whether, after foreclosure, the guarantors1 were entitled to credit on the mortgagee's judgment for the fair and reasonable market value of the property2 disposed of at sheriff's sale?3 We determine that the guarantors effectively waived the right to a credit or setoff of the fair and reasonable market value of the property. Our determination is... More...   $0 (09-21-2010 - OK)

Marlene Westerfeld v. Provident Funding Assocs, L.P.

Marlene Westerfeld, a Missouri resident, filed this class action in Missouri state court against Independent Processing, LLC, a Missouri limited liability company that processed residential mortgage documents, and Provident Funding Associates, LP, a California limited partnership that provided residential mortgages. Westerfeld alleged that when Independent and Provident charged her and other Misso... More...   $0 (09-20-2010 - MO)

In Re: Universal Service Fund Telephone Billing Practice Litigation

This multidistrict litigation involves multiple class action lawsuits arising from the billing practices of defendant AT&T Corporation. Each class of plaintiffs challenged the lawfulness of a monthly line-item charge defendant imposed on its customers to recover contributions to the federal Universal Service Fund (“USF”) required by 47 U.S.C. § 254. One subclass of plaintiffs, comprising all ... More...   $0 (09-20-2010 - CA)

Abi-Najm v. Concord Condominium, LLC

In this appeal from the dismissal of an action alleging breach of contract, fraud in the inducement, and violation of the Virginia Consumer Protection Act, Code §§ 59.1-196 et seq. (“VCPA” or “the Act”), we consider whether the trial court erred when it sustained the demurrers of Concord Condominium, LLC (“Concord”) to the complaints of Phillip Abi-Najm (“Abi-Najm”) and other pur... More...   $0 (09-16-2010 - VA)

Michael Caress v. Jane M. Lira

This is an appeal from a partial summary judgment rendered in favor of appellee on her trespass to try title claim against appellants. The disputed property was sold to appellee, and then, one month later, also sold to appellants at a foreclosure sale. We affirm.

BACKGROUND

The following facts are not in dispute. In 2006, Gares II, Inc. (“Gares”) purchased a tract of land in a... More...
   $0 (09-15-2010 - TX)

Glenn R. Dexter v. Reisel R. Strickland

This is an appeal from a take-nothing no-evidence summary judgment rendered in favor of the appellees on all of appellant’s claims. Because the summary judgment granted more relief than was requested, we affirm in part and reverse and remand in part.

BACKGROUND

Appellant, Glenn Dexter, was the owner of a tract of land in Wilson County, Texas. In 2004, the Floresville Independent ... More...
   $0 (09-15-2010 - TX)

Tolano Anderson v. Wachovia Mortgage Corporation

This case is brought by three African-American couples who, in 2004, purchased adjacent houses in a Dover, Delaware, community known as “Silver Lake.” Plaintiffs received mortgages from Wachovia Mortgage Corporation, but only after Wachovia imposed several conditions on the approvals of these mortgages. Plaintiffs allege that these conditions were racially motivated, and brought suit against W... More...   $0 (09-13-2010 - DE)

Julie A. Derossett v. Duke Energy Carolinas, L.L.C.

Plaintiffs Julie A. DeRossett and Richard A. Sutton appeal from the trial court’s order granting partial summary judgment in favor of Defendant Duke Energy Carolinas, LLC. After a careful review of Plaintiffs’ challenges to the trial court’s order in light of the record and the applicable law, we conclude that the trial court’s order should be affirmed.

I. Factual Background

... More...
   $0 (09-07-2010 - NC)

Kevin D. Buchanan v. Teresa Hagy Buchanan

Kevin D. Buchanan, individually, as executor of the estate of Kelly Buchanan, and as guardian of the property of Tiffany Hope Buchanan, a minor, and Christopher Buchanan, individually, (collectively referred to as “plaintiffs”) appeal from a trial court’s order declaring that Teresa Hagy Buchanan (“defendant”) received an “estate for years” from decedent’s will and an order denying... More...   $0 (09-07-2010 - NC)

Hinerfeld-Ward, Inc. v. Mark Lipian

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

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