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Real Estate Law
 
Donna F. Wilson v. Leon Hunter Wilson

The appellant, Donna F. Wilson, (See footnote 1) ex-wife of appellee, Leon Hunter Wilson, appeals the June 4, 2009, order of the Circuit Court of Berkeley County. In that order, the circuit court denied Ms. Wilson's motion for reconsideration (See footnote 2) of the court's March 25, 2009, order which reversed the November 21, 2008, final divorce order of the Berkeley County Family Court and rem... More...   $0 (11-23-2010 - WV)

Leeorr M. Rosier v. Robert L. Roiser

This appeal arises from the judgment of the Circuit Court of Tucker County, West Virginia, in a case between the appellant, Leeorr Rosier (hereinafter referred to as Mrs. Rosier), and her son, the appellee, Robert Lee Rosier. Mrs. Rosier brought the action against her son as the widow of Stearl Rosier and as the Executrix of his estate. At issue is the ownership of bank accounts, farm machinery, ... More...   $0 (11-23-2010 - WV)

Larry Cason v. James King

James King ("Defendant") timely appeals a civil judgment for monetary damages entered against him in favor of plaintiffs Larry and Paula Cason ("the Casons") and Donnie and Kelly Hatton ("the Hattons") (collectively, "Plaintiffs") after a bench trial. The suit arose out of work Defendant performed on two septic systems. The judgment awarded the Casons $3,500, representing the cost to repair their ... More...   $0 (11-18-2010 - MO)

Bryan Jacquot v. James Rozum

[¶1.] When Bryan and Kayla Jacquot experienced water problems in their basement, they initiated this action against the prior owners of their home, James and Karen Rozum, and the parties’ limited real estate agent, Stephen Peschong, an employee of Mitchell Realty, LLC. The trial court granted the Rozums’ motion for summary judgment on the Jacquots’ fraud, deceit, and fraudulent misrepresent... More...   $0 (11-18-2010 - SD)

Craig E. Adelizzi v. Roger Fred Stratton, d/b/a Stratton Real Estates

[¶1] This is an appeal from a summary judgment granted by the district court in favor of a real estate agent and broker who were sued by former clients for professional negligence. We affirm because there are no genuine issues of material fact, and the appellees are entitled to judgment as a matter of law.

ISSUES

[¶2] 1. When did the limitation period for professional negligence be... More...
   $0 (11-17-2010 - WY)

DRD Enterprises, L.L.C. v. Todd Thomas Flickema, et al.

[¶1.] Appellant DRD Enterprises, LLC commenced a declaratory action against Todd and Dawn Flickema (Flickemas) and PSC Properties, LLC to obtain an access easement across their properties. DRD based its claim upon a “Blanket Easement” granted by Dakota Resorts Management Group (Dakota Resorts), a prior owner of Flickemas’ and PSC’s properties. The circuit court concluded that the Blanket ... More...   $0 (11-17-2010 - SD)

Romanna Manusos v. Francis L. Skeels, Jr.

The principal issue in this case is whether someone who is not party to a deed may nevertheless obtain its reformation. Plaintiff contends that, when defendants acquired their property from a third party, the deed was supposed to have included an easement for her benefit. She argued that, because defendants were aware of her interest, the deed should be reformed to reflect it. The trial court a... More...   $0 (11-17-2010 - OR)

Gerald Molaver v. Edmund Thomas

The defendant, Edmund Thomas, appeals from the judgment of the trial court awarding the plaintiffs, Gerald Molaver and Edie Molaver, damages in an action seeking payments due under a commercial lease. On appeal, the defendant claims that the trial court improperly concluded that he (1) was liable to the plaintiffs for his pro rata share of the increase in property taxes assessed for the years 2002... More...   $0 (11-16-2010 - CT)

Daniel McCarthy v. City of Cleveland

Plaintiffs Daniel McCarthy and Colleen Carroll appeal the judgment of the district court dismissing their action brought under 42 U.S.C. § 1983. Plaintiffs allege that the City of Cleveland’s decision to enforce its traffic camera ordinance against drivers who lease their cars constituted an unconstitutional taking of private property without just compensation because the ordinance origi... More...   $0 (11-16-2010 - OH)

Terri A. Georgen-Running v. Larry Grimlie

In these consolidated appeals, Debtor Larry James Grimlie1 appeals from three Orders in which the Bankruptcy Court2 (i) vacated and denied his discharge pursuant to 11 U.S.C. §§ 727(a)(2) and (a)(4)(A); (ii) sustained an objection to his homestead and farming equipment exemptions; and (iii) avoided fraudulent transfers to his wife and children under 11 U.S.C. § 548 and ordered the sale of his h... More...   $0 (11-15-2010 - MN)

Wayne Vanderwier v. Joshua Baker

Wayne and Susan Vanderwier (“the Vanderwiers”) appeal the trial court‟s judgment in favor of Joshua and Stephanie Baker (“the Bakers”) on the Bakers‟ claims for fraud arising from the Bakers‟ purchase of the Vanderwiers‟ home. Concluding that trial court properly entered judgment in favor of the Bakers, we affirm.

Facts and Procedural History

After listing their h... More...
   $0 (11-15-2010 - IN)

Allstate Insurance Company v. Ron Dooley

Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent... More...   $0 (11-12-2010 - AK)

Michael McAllister v. Loretta A. Sanders

Appellants-Plaintiffs, Michael and Lois McAllister (collectively, McAllisters) and Gregory Zirkle (Zirkle), appeal the trial court‟s Order granting summary judgment in favor of Appellees-Intervenors, Ken Williamson (Williamson) and Charles and Hazel Gray (collectively, Grays), when the trial court concluded that there had been a common law dedication of the disputed parcel of land (disputed alle... More...   $0 (11-12-2010 - IN)

Lee Shafer and Pamela Shafer v. Joel Gulliver and Maryanne Gullive

Appellants, Lee and Pamela Shafer, appeal from the trial court’s judgment entered after a bench trial in favor of appellees, Joel and Maryann Gulliver, on their claim for breach of contract. The trial court awarded the Gullivers specific performance, interest damages, and attorney’s fees. The Shafers challenge the trial court’s judgment in three issues. We affirm, in part, and reverse and... More...   $0 (11-12-2010 - TX)

Richard Denton v. Good Way Oil 902 Corp.

This contract to sell commercial real estate failed to close. The buyer sued the seller for specific performance and other equitable relief. It also sued other defendants for intentional interference with the contract and slander of title. The claims were tried simultaneously to a jury (money damages) and the judge (equitable claims). As Murphy’s law would predict, the jury went one way and the ... More...   $0 (11-10-2010 - FL)

Friends of Animals, Inc. v. United Illuminating Company

In this equitable action, the plaintiff, Friends of Animals, Inc., sought a declaration and injunction restraining the defendant, United Illuminating Company, from gassing, killing or capturing monk parakeets (parakeets) that were nesting on power lines and electrical equipment. The plaintiff appeals from the judgment rendered by the trial court when it granted the defendant’s motion to dismiss ... More...   $0 (11-09-2010 - CT)

Linda Eastwood dba KK Farm v. Horse Harbor Foundation, Inc.

Since the 1800s, lessors of real property in Washington

have been able to recover damages for the tort of waste. In this case, however, the

Court of Appeals interpreted our jurisprudence on the economic loss rule and

concluded that lessor Linda Eastwood was limited to contractual remedies for the

damage done to her horse farm by lessee Horse Harbor Foundat... More...
   $0 (11-04-2010 - WA)

Bonnie Kircher v. Adelaide Kircher

Defendant and appellant Adelaide Kircher appeals the judgment entered after a bench trial.1 Adelaide contends: (1) The trial court erred by concluding that a marital settlement agreement (MSA) between Adelaide‟s deceased husband, Vincent Kircher, and his former wife, plaintiff Bonnie Kircher, which was executed in June 1976 and modified in 1987 by stipulation of the parties,2 waived the provisio... More...   $0 (11-04-2010 - CA)

Elizabeth Small Boren v. Suntrust Bank

Elizabeth Boren appeals a final order wherein the circuit court determined that Boren's mother's contractual interest in a condominium—which was owned by Boren's mother at the time of her death—was not homestead property protected from claims of creditors. By virtue of this determination, the value of the contractual interest was included in Boren's mother's estate, and as a result, the amount... More...   $0 (11-03-2010 - FL)

Maria Pena v. Joan C. Petano

This case involves a dispute over a real estate commission. Following a bench trial, the trial court rendered judgment in favor of the plaintiff, Maria Pena. Although multiple claims are advanced in this appeal, only one merits discussion. The defendant Richard T. Petano, executor of the estate of Joan C. Petano (decedent), contends that the court’s determination that the plaintiff was entitled ... More...   $0 (11-02-2010 - CT)

Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. v. Shelby Jackson

Following a bench trial, the trial court entered judgment against Appellants Don Norris and Avery Air Conditioning/Heating and A-ABAC Services, Inc. (Avery) and in favor of Appellee Shelby Jackson. In six issues, Norris and Avery (collectively, Appellants) contend that the evidence is legally and factually insufficient to establish that Avery violated the Texas Deceptive Trade Practices Act (DTPA... More...   $0 (10-30-2010 - TX)

Lucy Vuki v. HSBC Bank USA

Lucy and Manatu Vuki lost their Buena Park home to foreclosure. The sale took place October 7, 2009, with their erstwhile lender, HSBC Bank USA (HSBC), as the buyer at the foreclosure sale. In early January 2010 the Vukis stipulated to entry of judgment in an unlawful detainer action (denominated a “Limited Civil” action) brought against them by HSBC. The stipulation provided for an immediate ... More...   $0 (10-29-2010 - CA)

Robert Dunning v. Nancy Buendig

{1} Plaintiffs, the owners of nine lots in the Eastern Nighthawk Trail area of a subdivision near Taos, New Mexico, appeal the district court’s entry of summary judgment in favor of Defendant Nancy Buending, the owner of one lot in the same area. Plaintiffs filed suit against Defendant for declaratory judgment, seeking enforcement of a restriction allegedly prohibiting Defendant from subdividing... More...   $0 (10-27-2010 - NM)

Baer, Timberlake, Coulson & Cates, P.C. v. Rahmana Warren

¶1 Rahmana Warren appeals a judgment in favor of attorneys Baer, Timberlake, Coulson & Cates, P.C., arguing Baer was not a holder of note and should not be allowed to recover when a mistake in a payoff amount used in closing documents was caused by its own calculation error. The judgment of the trial court is supported by competent evidence and is not affected by an abuse of discretion or error o... More...   $0 (10-22-2010 - OK)

John Chiatello v. City and County of San Francisco

This court has repeatedly recognized that “money is the lifeblood of modern government. Money comes primarily from taxes, and, as the importance of a predictable income stream from taxes has grown, governments at all levels have established procedures to minimize disruptions” that would interfere with essential public operations. (Batt v. City and County of San Francisco (2007) 155 Cal.App.4th... More...   $0 (10-21-2010 - CA)

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