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Real Estate Law
American International Industries, Inc. v. Phillip Scott

Appellant, American International Industries, Inc. (“AII”), appeals the trial court’s summary judgment in favor of appellees, Phillip Scott, Surgicare, Inc., and Keith G. LeBlanc (collectively, “Surgicare”). In four issues, AII argues that the trial court erred in (1) granting Surgicare’s traditional motion for summary judgment on its res judicata defense and on AII’s claims for bre... More...   $0 (04-28-2011 - TX)

Rodney Gordon v. West Houston Trees. Ltd.

Appellant, Rodney Gordon, appeals from the summary judgment granted by the trial court in favor of appellee, West Houston Trees, Ltd. In one point of error, Gordon argues that the trial court erred in granting summary judgment.

We affirm. ... More...
   $0 (04-28-2011 - TX)

Butler Block, LLC v. Tri-County Metropolitan Transportation District of Oregon

Plaintiff Butler Block, LLC (Butler Block) appeals, assigning error to the trial court's allowance of summary judgment in favor of defendant Tri-County Metropolitan Transportation District of Oregon (TriMet). On appeal, Butler Block raises a single assignment of error, contending that the trial court erred in granting summary judgment to TriMet because there are issues of material fact as to wheth... More...   $0 (04-27-2011 - OR)

Bobby G. Barham v. Patricia McGraw

Blood may be thicker than water, but money beats everything.[1]

He that is greedy of gain troubleth his own house.[2]

Before us lies a dispute between brother and sister regarding the division of their deceased father’s real estate. When their father died, the realty in question became the corpus of a trust to benefit his widow, Margie, the trust’s truste... More...
   $0 (04-27-2011 - TX)

Calvin Monasco v. Gilmer Boating and Fishing Club

The Gilmer Boating and Fishing Club (the Club) is a private, unincorporated association[1] located in Upshur County, formed for the purpose of “conducting and maintaining the same as a pleasure resort for the benefit of its members and their families and friends while promoting good environmental practices.” The Club has thirty shares of stock, apparently a majority of which were issued to c... More...   $0 (04-27-2011 - TX)

Sam Roberts Properties, Inc. v. Linda Lan Chmura

After a nonjury trial, Sam Rodgers Properties, Inc. (SRP), appeals an amended final judgment entered in favor of Linda Lan Chmura in the amount of $355,742.55, plus interest. We affirm the portion of the amended final judgment that complies with our prior mandate in Chmura v. Sam Rodgers Props., Inc., 2 So. 3d 984 (Fla. 2d DCA 2008), which orders that the previous foreclosure sale and certificate ... More...   $0 (04-27-2011 - FL)

Mark Hess v. Canberra Development Company, L.C.

¶1 In 2004, Appellees, Mark and Marilyn Hess (collectively, the “Hesses”) purchased an undeveloped lot of land from Canberra Development Company, LC (“Canberra”), located in a subdivision owned and developed by Canberra. After constructing a home on the lot and moving into it, the Hesses began to notice several structural problems, including large cracks in the home’s floor. A short tim... More...   $330057 (04-26-2011 - UT)

Thomas M. Tully v. Daniel E. McLean

Plaintiffs Thomas M. Tully, as trustee of the Thomas M. Tully Trust, and F.P.A., LLC (FPA), individually and derivatively on behalf of Old Town Development Associates, LLC (OTD), filed an action against defendants Daniel E. McLean, Piper’s Alley Management, Inc. (PAM), Lincoln Park Development Associates, LP (LPDA), MCL Companies of Chicago, Inc. (MCL), MCL Management Corp. (MCL Management) (col... More...   $0 (04-26-2011 - IL)

RCB Bank v. Villas Development, L.L.C.

¶1 Plaintiff/Appellant RCB Bank and Plaintiff/Appellee Bank of Commerce (BOC) each filed foreclosure actions involving the same property, which were consolidated in the trial court.1 Although the District Court action involved several lienholders, the issue on appeal is only the priority between mortgages held by the two banks. The trial court found BOC's mortgage had priority; RCB appeals that d... More...   $0 (04-22-2011 - OK)

Bank of Commerce v. Breakers, L.L.C.

¶1 Movants/Appellants Marvin Y. and Soohyun Jin (Jins) and Bank of Oklahoma (BOK) (collectively, Appellants) appeal from the trial court's order denying their Motion to Intervene in a foreclosure action.1 Appellants acquired their interest in the property at issue in this case after lis pendens was recorded. As a result, Appellants' interest is void as to the prevailing party in this case. Appell... More...   $0 (04-22-2011 - OK)

Pelican Real Estate & Development Company v. Richard Boone

Both sides appeal an amended final order entered after we remanded the case to the trial court in Boone v. Pelican Real Estate & Dev. Co., Inc., 13 So. 3d 528 (Fla. 1st DCA 2009). We need not decide the merits of any of the substantive points raised on appeal or cross-appeal because even considering them is precluded by the effect of the prior judgment and our previous opinion under doctrines of f... More...   $0 (04-21-2011 - FL)

Brittany Stephens v. Federal Home Loan Mortgage Corporation

Appellant Brittany Stephens, appearing pro se, appeals the trial court’s judgment awarding possession of the property on which she lived to Appellee Federal Home Loan Mortgage Corporation (Fannie Mae). In two issues, Stephens argues that the evidence is insufficient to support Fannie Mae’s right to possession and that the final judgment should be vacated due to the trial court’s failure to ... More...   $0 (04-21-2011 - TX)

Falls Mill of Vernon Condominium Association, Inc. v. John R. Subsbury, et al.

The defendant mortgage lender, Beneficial Mortgage Co. of Connecticut, appeals from the judgment of the trial court denying its motion to open a judgment of strict foreclosure.1 The defendant contends that the court improperly concluded that it lacked authority to open that judgment.2 We disagree and, accordingly, affirm the judgment of the trial court.

In its memorandum of decision, the co... More...
   $0 (04-21-2011 - CT)

Hans Alexander Hendgen v. Shauna Lynne Hendgen

Husband appeals from a dissolution judgment, contending that the trial court erred in awarding wife $4,000 in indefinite spousal support, in valuing some of the parties' marital property, and in dividing their property without attributing to wife alone some debts that she incurred after the parties' separation. On de novo review, ORS 19.415(3) (2007),(1) we conclude that the dissolution judgment m... More...   $0 (04-20-2011 - OR)

John Caltabiano v. Land L. Real Estate Holdings II, LLC

The plaintiffs in this action for equitable relief and monetary damages, John Caltabiano1 and The Dohnna, LLC, appeal from the judgment of the trial court in favor of the defendants L & L Real Estate Holdings II, LLC (L & L); Cumberland Farms, Inc.; Robert Landino and BL Companies, Inc.2 The plaintiffs claim that the court improperly struck the third and fourth counts of their substitute revised a... More...   $0 (04-19-2011 - CT)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

Elias Bobadilla-German v. Bear Creek Orchards, Inc.

In these appeals, we consider whether certain on-site housing costs of seasonal farm workers can be credited toward the minimum wage set by Oregon statute. Under the circumstances presented by this case, we conclude that they may not. We also conclude that the workers in this case were entitled to be paid on the last workday, rather than the following day. 4988 BOBADILLA-GERMAN v. BEAR CREEK
<... More...
   $0 (04-18-2011 - OR)

Kathleen Liebrecht v. Thomas Liebrecht

Kathleen Liebrecht (the Wife) appeals various aspects of the final judgment dissolving her marriage to Thomas Liebrecht (the Husband). We affirm the final judgment in all respects except one. Because the trial court abused its discretion under the specific circumstances of this case by failing to award the Wife a nominal amount of permanent alimony, we reverse the portion of the final judgment tha... More...   $0 (04-15-2011 - FL)

National Bank of Arkansas v. Panther Mountain Land Development

Debtor Panther Mountain Land Development, LLC owns certain tracts of undeveloped real estate. More than a year prior to the filing of this bankruptcy case, representatives of the Debtor obtained the approval of the Pulaski County Court to form certain Improvement Districts under applicable Arkansas statutes. The Improvement Districts are separate entities which are not themselves in bankruptcy.More...   $0 (04-15-2011 - AR)

Wade P. Fitzgerald v. Schroeder Ventures II, LLC

The issue presented in this appeal is whether defendants who successfully defended claims arising from a real estate transaction should have been awarded attorney’s fees and costs under the parties’ earnest money contract. The trial court refused to award attorney’s fees and costs under the contract, relying on the Texas Supreme Court’s decision in Intercontinental Group P’Ship v. KB Hom... More...   $0 (04-06-2011 - TX)

Dugas Limited Partnership v. Donna Neal Goode Dugas

In this accelerated, interlocutory appeal, Appellants Dugas Limited Partnership (Dugas, LP); Dugas 1998 Irrevocable Trust (Dugas 1998 Trust); William Bruce Dugas Grandchild Trust (Grandchild Trust); and James Stephen Turner (Steve) and Hurley Calister Turner, Jr. (Cal), Co-Trustees of the Dugas 1998 Irrevocable Trust f/b/o William Bruce Dugas (Bruce) challenge the trial court’s order denying the... More...   $0 (04-05-2011 - )

Arizona Christian School Tuition Organization v. Winn

Arizona provides tax credits for contributions to school tuition organizations, or STOs. STOs use these contributions to provide scholarships to students attending private schools, many of which are religious. Respondents are agroup of Arizona taxpayers who challenge the STO tax credit as a violation of Establishment Clause principlesunder the First and Fourteenth Amendments. After the Arizona Sup... More...   $0 (04-04-2011 - AZ)

Jeffrey B. Wagner v. Susan W. Wagner

Appellant contests certain aspects of the trial court’s Final Judgment of Dissolution of Marriage. He raises six issues, arguing the trial court erred by: 1) ordering an in-kind real property distribution of a 90-acre tract owned by the parties; 2) attributing to active appreciation the entire increase in value of a parcel of land purchased by Appellant prior to the marriage; 3) awarding Appelle... More...   $0 (03-31-2011 - FL)

Arlene Pecora v. Bret Berlin

Arlene Pecora appeals from a final summary judgment determining that she was not entitled to exercise a right of first refusal in the sale, by a court-appointed receiver, of Signature Grand, a catering facility located in Broward County. We affirm, holding that, given the nature of the sale, and the express language of the agreement creating the right of first refusal, the trial court was correct ... More...   $0 (03-30-2011 - FL)

Jonathan Nnebe v. Matthew Daus

The named plaintiffs in this putative class action, brought pursuant to 42 U.S.C. § 1983, are the New York Taxi Workers Alliance (“NYTWA” or “Alliance”) and four New York City taxi drivers whose licenses to drive yellow cabs were automatically suspended when they were arrested on criminal charges. It is the policy of the City of New York (“City”) and its Taxi and Limousine Commission ... More...   $0 (03-30-2011 - NY)

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