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Real Estate Law
 
Bruce Rebholz v. Lakeland Leisure Corporation

¶1 Bruce Rebholz and Janet Rebholz (collectively “Rebholz”) appeal an order granting Club Car, Tiziani Golf Car, Lakeland Leisure Corporation, and State Farm Mutual Automobile Insurance Company (“State Farm Auto”) summary judgment on all claims that Rebholz asserted against them. Rebholz argues that summary judgment was inappropriate in this case because—contrary to the trial co... More...   $0 (08-09-2011 - WS)

Stepping Stone Homes, Inc. v. Wisconsin Public Service Corpration

¶1 Spouses Tiffany and Joshua DeWall defaulted on a land contract. They appeal from a judgment of strict foreclosure entered in favor of Stepping Stone Homes, Inc., and dismissing their counterclaims and affirmative defenses. The DeWalls contend that their claims of unconscionability, fraud and/or misrepresentation and a breach of the duty of good faith present questions of fact making s... More...   $0 (08-03-2011 - WS)

Jack Lepisto v. Senior Lifestyle Newport Limited Partnership d/b/a The Pointe at Newport Place

Jack and Nancy Lepisto appeal a non-final order compelling them to arbitrate a lawsuit brought under the Assisted Living Facilities Act, section 429.29, Florida Statute. We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(iv). On appeal, the Lepistos contend the trial court erred in compelling arbitration when the agreement was not signed b y Jack Lepisto or b y Nancy Lepisto as his authorized re... More...   $0 (08-03-2011 - FL)

Jose Aguayo v. U.S. Bank

Jose Aguayo (“Aguayo”) appeals the district court’s grant of Defendant U.S. Bank N.A.’s (“U.S. Bank”) motion to dismiss. Aguayo claims U.S. Bank violated a section of California’s Rees-Levering Act that requires a car loan lender to provide certain post-repossession notices to a defaulting borrower prior to selling the repossessed car. If the lender fails to provide the required noti... More...   $0 (08-01-2011 - CA)

Oklahoma Foreign Auto Sales, Inc. v. T Bear 1-2, LLC, et al.

OKLAHOMA FOREIGN AUTO SALES INC, an Oklahoma Corporation, OKLAHOMA FOREIGN PARTS INC, an Oklahoma Corporation and I-35 IMPORTS INC, an Oklahoma Corporation, SAMUEL COFFIN and MARY C COFFIN, sued T BEAR 1-2 LLC, T BEAR 1-1 LLC, TEDDY BEAR PARTNERS LLC, BEST LOCATIONS LLC, YESHA INC, SC MOORE OK LLC, RIVERWALK CENTRE I-OKLAHOMA LLC, OPTIMA INVESTMENT GROUP LP, CAMPBELL PROPERTIES LIMITED PARTNERSHIP... More...   $1 (07-31-2011 - OK)

Odette Rogers v. Bob Bailey

¶1 The issues before us are whether the Baileys timely asserted a claim of title to the property when a forcible entry and detainer action was filed seeking to oust them from the property, and whether the trial court should have transferred the action from the Small Claims Docket. We conclude that the matter should have been tried as one in ejectment and that the trial court should have transferr... More...   $0 (07-29-2011 - OK)

Ricky Moore v. City of Desloge

After concluding police violated Ricky E. Moore’s constitutional rights in seizing items from Moore’s residence, a Missouri state trial court suppressed the evidence. Missouri filed an interlocutory appeal of the suppression order in the Missouri Court of Appeals, which was dismissed. Moore then brought this civil rights lawsuit against his ex-wife Theresa Moore (Theresa) and son Jason Moore (... More...   $0 (07-28-2011 - MO)

Jerry Washington v. Countrywide Home Loans, Inc.

Jerry W. and Golda M. Washington sued Countrywide Home Loans, Inc. under the Missouri Second Mortgage Loan Act (MSMLA), Mo. Rev. Stat. § § 408.231- 408.241. The Washingtons alleged, for a putative class, that Countrywide charged them unauthorized interest and fees in violation of section 408.233.1 of the MSMLA.

The case was removed from state court on diversity grounds based on the Class ... More...
   $0 (07-28-2011 - MO)

Wortham Bros. Inc. v. Eddie Haffner

This is an appeal from a bench trial. Appellees, Eddie and Beth Haffner, filed a DTPA action against appellant, Wortham Bros., Inc., in connection with roofing jobs performed by Wortham Bros. on houses owned by the Haffners. The trial court found in favor of the Haffners on all issues. The central issue in this appeal focuses on the extent that a property owner may testify regarding repairs m... More...   $0 (07-28-2011 - TX)

William Cody Wheeler v. Howard L. Phillips

This suit involves the partition of 82.201 acres of real property located in Bastrop County (the "Property"). See Tex. Prop. Code Ann. § 23.001 (West 2000); Tex. R. Civ. P. 756-771. (1) After several hearings, the trial court found that the Property was not susceptible to fair and equitable partition in kind and signed a decree of partition by sale. See Tex. R. Civ. P. 770. In the decree, the... More...   $0 (07-28-2011 - TX)

Richard M. Owen v. Option One Mortgage Corporation

Appellants, Richard M. Owen and Marsha Long Owen (“the Owens”), appeal the trial court’s dismissal of their tort claims against appellee, Option One Mortgage Corporation, a/k/a Sand Canyon Corporation (“Option One”), and they also appeal the trial court’s award of an injunction bond to Option One. In three issues, the Owens argue that the trial court erred (1) in sustaining Option One... More...   $0 (07-28-2011 - TX)

Robert B. Allen v. Devon Energy Holdings, L.L.C.

This appeal is from a traditional summary judgment in a securities fraud lawsuit. The dispute arises out of the redemption of a minority interest owned by Robert Allen in a closely-held natural gas exploration and development company, Chief Holdings, LLC. Allen claims that Chief and Trevor Rees-Jones, Chief’s manager and majority owner, fraudulently induced him to redeem his interest two years... More...   $0 (07-28-2011 - TX)

Kim Rivera v. American General Financial Services, Inc.

{1} We granted certiorari in this case to review a Court of Appeals opinion upholding a district court’s order compelling arbitration of Petitioner Kim Rivera’s claims against a title loan lender, American General Financial Services, Inc., and its affiliated insurance agency, American Security Insurance Company. We base our reversal of those decisions on our holding that the arbitration provis... More...   $0 (07-27-2011 - NM)

Jared Muhlbauer v. Estate of Glenn E. Olson

[¶1.] The personal representative of an estate sold real property that had been specifically devised to several heirs. This Court ruled in a previous appeal that the personal representative lacked the authority to sell the property. We remanded the case to allow the buyers of the real property to intervene to protect their interests. After remand, the buyers filed suit against the estate. The hei... More...   $0 (07-27-2011 - SD)

Daniel E. Burg v. Marsha C. Dampier

The case involves a dispute over the use of a non-exclusive roadway and utility easement. Daniel Burg ("Mr. Burg") and Kris Burg ("Mrs. Burg") (collectively the "Burgs") own a tract of residential property benefitted by the easement. The easement runs across a tract of property owned by Marsha Dampier ("Dampier"), but occupied by Sabrina Graham ("Graham") (collectively the "Appellants") pursuant t... More...   $0 (07-26-2011 - MO)

Charles Pater v. The City of Casper

This case arises out of a contract dispute between two landowners and the City of Casper regarding whether the landowners are obligated to reimburse the City for certain street improvements. When the landowners did not comply with the City’s demands for payment, the City recorded deficiency notices in the local property records for their lots. With this burden on the landowners’ titles, the Ci... More...   $0 (07-25-2011 - WY)

Kang S. Park v. Gary B. Stanford

¶1 This appeal concerns the application of payments made in connection with a real estate transaction between Dr. Gary B. Stanford and Kang and Marsha Park. The court of appeals held that payments submitted to the Parks could not be credited toward a personal guaranty Dr. Stanford had made on a note payable to the Parks. Noting that this appeal presents an issue of first impression, we disagree w... More...   $0 (07-22-2011 - UT)

Quincy V LLC v. Queens Syndicate Company

Lisa Minor appeals from an order to enforce a settlement agreement against her, which she signed after mediation of several lawsuits concerning six family-run real estate partnerships. The procedural history is complex but, in the end, the central question is whether the district court had authority to enter the order in question, which helps bring to a close at least four lawsuits in multiple cou... More...   $0 (07-22-2011 - MA)

Winecellar Farm, Inc. v. Leona Hibbard & a.

The petitioner, Winecellar Farm, Inc. (Winecellar), appeals an order of the Superior Court (Brown, J.) ruling that it was not entitled to: (1) a decree pro confesso awarding it specific performance to purchase the Bedard Farm; (2) specific performance to purchase the Bedard Farm under the doctrine of part performance; and (3) continue haying activity in perpetuity under a lease agreement. The resp... More...   $0 (07-21-2011 - NH)

Hovnanian Land Investment Group, LLC v. Annapolis Towne Centre at Parole, LLC

In this case, we must revisit contracts with “non-waiver” clauses and determine whether and how a party to such a contract can waive its requirements and conditions. Respondent, the owner of a large, mixed-use development near Annapolis, Maryland, agreed to sell a portion of the property to Petitioner, a developer, for the construction of a residential tower. The contract required certain cond... More...   $0 (07-20-2011 - MD)

Glenn M. Moss, Jr. v. Robert Kroner

Glenn Moss, Jr. appeals the dismissal of his action against Robert Kroner and Robert E. Kroner Insurance Services, Inc.1 (collectively, the Kroner defendants) after they successfully demurred to his Fourth Amended Complaint and the trial court denied leave to amend. We reverse the judgment, conclude that Moss stated two viable causes of action under the Corporations Code, and remand the matter to ... More...   $0 (07-20-2011 - CA)

Steven W. Selvig v. Blockbuster Enterprises, LC

¶1 Barbara and Steven Selvig (as sellers) and Blockbuster Enterprises
(as buyer) entered into a Real Estate Purchase Contract (the
Contract) for the purchase of the Kastle Inn (the Inn or the Property),
a bed and breakfast located in Midway, Utah. The Contract
specified that the Selvigs would deliver possession of the Inn to
Blockbuster and that the deed to the Property would ... More...
   $0 (07-19-2011 - UT)

Steven W. Selvig v. Blockbuster Enterprises, LC

¶1 Barbara and Steven Selvig (as sellers) and Blockbuster Enterprises (as buyer) entered into a Real Estate Purchase Contract (the Contract) for the purchase of the Kastle Inn (the Inn or the Property), a bed and breakfast located in Midway, Utah. The Contract specified that the Selvigs would deliver possession of the Inn to Blockbuster and that the deed to the Property would be recorded when Blo... More...   $0 (07-19-2011 - UT)

Wayne DeMarco v. Travelers Insurance Company

What are the responsibilities of an insurance company when a single motor vehicle collision results in multiple claims being asserted against the insureds, which claims in the aggregate exceed the policy limits? That, in essence, is the question that this appeal calls upon us to answer.

The defendant, Travelers Insurance Company (Travelers),1 appeals from the Superior Court’s grant of par... More...
   $0 (07-15-2011 - RI)

Skypark Airport Association, LLC v. Jay Jensen

¶1 Dynasty Corporation (Dynasty) appeals from the trial court’s denial of its motion to intervene in a suit between Skypark Airport Association, LLC (Skypark) and defendants Jay Jensen, Elinor Jensen, and Gas Busters (collectively, Gas Busters). We affirm.

¶2 Dynasty argues that the trial court erred in denying its motion to intervene, asserting that the trial court misinterpreted and m... More...
   $0 (07-14-2011 - UT)

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