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Real Estate Law
 
Coralie Kurstin v. Bromberg Rosenthal, LLP

Our concern is with the threshold of appealability. The particular aspect thereof that commands our attention is the collateral order doctrine. Does the denial in this case of a motion to quash a discovery order qualify as a privileged collateral order within the contemplation of the doctrine? Or shall its review more properly await a final judgment?

The Procedural Background

The app... More...
   $0 (03-01-2010 - MD)

William Henry Myre v. Carl Meletio

This fraud case arises out of the purchase and sale of residential properties alleged to have diminished value because they are prone to flooding. A jury returned a verdict in favor of homeowners Carl Meletio (“Meletio”), Rusty Mobley (“Mobley”), Jeff Schmitz (“Schmitz”), James Young (“Young”), Bobby White (“White”), Renee Hill (“Hill”), Jeff Milford (“Milford”), James ... More...   $0 (02-26-2010 - TX)

Forsgren Associates, Inc. v. Pacific Golf Community Development, LLC, et al.

Plaintiff and appellant Forsgren Associates, Inc. (Forsgren), the general contractor for construction of a public golf course and flood channel, brought this breach of contract and foreclosure action against Pacific Golf Community Development, LLC (Pacific), the developer, and against property owners, Wilshire Road LLC (Wilshire), Makasa LLC (Makasa), and Desert Tortoise Public Financing Authority... More...   $0 (02-23-2010 - CA)

Oaktree Capital Management, L.P. v. Russell S. Bernard

Russel S. Bernard appeals from the trial court‟s judgment confirming an arbitration award against him. We affirm.

FACTS AND PROCEEDINGS

Respondents Howard Marks and Bruce Karsh and others formed respondent Oaktree Capital Management L.P. (Oaktree) in 1995, a real estate investment hedge fund. Oaktree established limited partnerships called “funds,” which it marketed to outside... More...
   $0 (02-22-2010 - CA)

Interstate Fire and Casualty Insurance Company v. Cleveland Wrecking Company

Interstate Fire and Casualty Insurance Company (Interstate) appeals from a judgment entered after the court sustained, without leave to amend, a demurrer to Interstate‟s amended complaint against Cleveland Wrecking Company (Cleveland). Interstate contends the court erred because: (1) its subrogation complaint, based on its insured‟s contractual indemnification claim against Cleveland, was not ... More...   $0 (02-22-2010 - CA)

City of Detroit v. Crown Enterprises, Inc.

This case involves a condemnation action. In Docket No. 285258, defendant Crown Enterprises Inc. appeals as of right a judgment, following a jury trial, awarding it $2 million as just compensation for 19.09 acres of property that plaintiff City of Detroit condemned for use in the Conner Creek Combined Sewerage Overflow Basin Project. In Docket No. 288429, defendant appeals by leave granted1 an ord... More...   $2000000 (02-21-2010 - MI)

Willco Enterprises, LLC v. Conchita L. Woodruff and Victore Insurance Company

¶1 In a dispute arising out of a residential construction contract, Plaintiff/Counter-Defendant/Appellant Willco Enterprises, L.L.C. (Willco) and Third-Party Defendant/ Appellant Donny Williamson (Williamson), appeal the trial court's order denying their motion to compel arbitration. Willco and Williamson (Appellants) argue the Uniform Arbitration Act, 12 O.S. Supp. 2006 §§1851-1881 (the New Ac... More...   $0 (02-19-2010 - OK)

Universal Concrete Products Corporation v. Turner Construction Company

This appeal requires us to consider the applicability and enforceability of a "pay-when-paid" clause agreed to by the parties in this case. Specifically, we must decide whether certain provisions in a prime contract, which the general contractor and a subcontractor incorporated by reference into their subcontract, render an otherwise unambiguous pay-when-paid clause within that subcontract ambiguo... More...   $0 (02-19-2010 - VA)

John Adi v. Rapid Bail Bonding Company

Appellant, John Adi, appeals a take-nothing judgment rendered against him upon appellees’—Rapid Bail Bonding Company and Martin Halick, Rapid Bail Bonding Company Surety—motion for traditional summary judgment. We determine whether the trial court erred in granting the traditional summary judgment and entering a take-nothing judgment on all of Adi’s claims. We reverse the trial court’s... More...   $0 (02-19-2010 - TX)

Randall J. Bartoe v. Karen Bartoe

Plaintiff appeals as of right from a judgment of divorce. For the reasons set forth in this opinion, we affirm.

I. Facts and Procedural History

The parties were married for about 24 years. The marriage produced no children. The parties’ marriage, though long in duration, was a difficult one that included a separation, marriage counseling at different times, and extra-marital af... More...
   $0 (02-18-2010 - MI)

Farouk (Frank) Alattar v. John Ganim

In the dispositive issue in this appeal, we are asked to determine whether the statute of frauds bars a claim for appellant’s alleged breach of an agreement to purchase real property on behalf of a partnership. Because the statute of frauds applies but was not satisfied, we reverse and render judgment that appellee take nothing.

I. Factual and Procedural Background

On... More...
   $0 (02-18-2010 - TX)

Bluehaven Funding, LLC v. First American Title Insurance Company

Bluehaven Funding, LLC and Kanich Development, LLC (collectively, “appellants”) lost approximately $2.4 million in real estate loan proceeds as a result of doing business with Robert Hartmann d/b/a DHP Investments LLC (“Hartmann”) and Capital Title Company (“Capital Title”). In an effort to recover the losses, appellants filed this lawsuit against First American Title Insurance Company... More...   $0 (02-18-2010 - MO)

Joe H. Bryant, Jr. v. Military Department of the State of Mississippi

Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1... More...   $0 (02-17-2010 - MS)

Flanaigan's Enterprises, Inc. v. Futon County

Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip ... More...   $0 (02-17-2010 - GA)

Keota Mills & Elevator v. Othel Gamble, Jr.

¶1 This cause concerns an attempt to recover on a defaulted promissory note. The dispositive question presented is whether partial payment on the note extended the time within which to bring an action. The parties stipulated that the issue was whether the suit was time-barred by the five year limitation period of 12 O.S. 1981 §95,1 which was in effect in 1989 when the note was executed, or the s... More...   $0 (02-16-2010 - OK)

Bradford Kuish v. William W. Smith, Jr., et al.

Plaintiff Bradford Kuish entered into a written agreement to purchase defendants William W. Smith, Jr., and Rhonda Lynn Smith‟s Laguna Beach residence for $14 million, but later unilaterally cancelled escrow. Defendants promptly sold the property to a third party for $15 million, but refused to return plaintiff‟s $620,000 deposit, relying on the agreement‟s description of the deposit as “n... More...   $0 (02-16-2010 - CA)

Zeecon Wireless Internet, LLC v. Joanna McEwen

This appeal arises from a suit for a breach of a lease agreement filed by lessor, appellee Joanna McEwen, against lessee, appellant Zeecon Wireless Internet, LLC. Finding that no equitable exception applies to remove the lease agreement from the requirements of the statute of frauds, we reverse the judgment of the district court and render judgment that McEwen take nothing on her claims.

Ze... More...
   $0 (02-15-2010 - TX)

The LLK Trust v. Town of Wolfeboro

The petitioner, The LLK Trust, Thomas R. Walker, trustee, appeals an order of the Superior Court (Fauver, J.) denying its request for an abatement from property taxes assessed by the respondent, Town of Wolfeboro. We affirm. The record evidences the following facts. The petitioner owns property in Wolfeboro consisting of a residence with an attached barn and ninety-three acres of land, including 1... More...   $0 (02-11-2010 - NH)

Southern New Hampshire Medical Center v. Anthony Hayes

The defendant, Anthony Hayes, appeals: (1) an order of the Superior Court (Brennan, J.) granting summary judgment in favor of the plaintiff, Southern New Hampshire Medical Center (SNHMC), with respect to Karen Hayes’ unpaid medical expenses; (2) an order of the Superior Court (Nicolosi, J.) granting SNHMC’s motion in limine to exclude evidence that Karen Hayes “eloped” under the doctrine o... More...   $0 (02-11-2010 - NH)

John Dubinsky v. Mermart

John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan (“Subordinate Bondholders”) invested in a refinancing venture for a real estate development.

They sued the developer of the project, Mermart, L.L.C. (“Mermart”), alleging breach of contract and demanding equitable 2The Honorable Carol E. Jackson, United States District Judge for the Eastern ... More...
   $0 (02-10-2010 - MO)

Citizens State Bank v. Vasilios L. Melistas

Defendant Ramzia Nakash, Trustee of the Ramzia Nakash Revocable Trust, appeals as of right from the trial court’s order of judgment in favor of plaintiff Citizens State Bank. The court held that defendant did not have a future advance mortgage and, therefore, his bid at a foreclosure sale created a surplus to which plaintiff was entitled as a junior mortgagee. We affirm.

On July 24, 2004,... More...
   $0 (02-09-2010 - MI)

Simmons vs. Uintah Health Care Special Services

Rossa Lee Simmons filed this 42 U.S.C. § 1983 action alleging a violation of her procedural and substantive due process rights in the February 2001 termination of her employment with the Uintah County Care Center, a nursing home in Vernal, Utah. The Care Center is operated by the Health Care Special Service District (the District), a political subdivision of Uintah County. The District maintained... More...   $0 (02-09-2010 - UT)

Nestlé Purina Petcare Co. v. Commissioner of Internal Revenue

In 1989, Ralston established an employee stock ownership plan (“ESOP”). See 26 U.S.C. §§ 401(a), 401(k), 4975(e)(7). A trust held the ESOP’s assets, primarily Ralston preferred stock.

Ralston contributed to the ESOP for the benefit of participating employees. In 1994 and 1995, Ralston claimed deductions, totaling over $66 million, for its stated dividends on the preferred stock, wh... More...
   $0 (02-09-2010 - )

Jorge Chacon v. Edward Litke

In these consolidated appeals, defendants Edward Litke and the Edward Litke Revocable Trust of 1995 (Litke) appeal from a judgment and postjudgment order of the San Francisco Superior Court in a wrongful eviction action in favor of plaintiffs Jorge Chacon, Sr., Gilma Chacon and their adult children, Jorge Chacon, Jr., Amilcar Chacon, and Tania Chacon (Chacons).1 Following a bench trial, the court ... More...   $0 (02-08-2010 - CA)

Marcus Hesehorst Schwinn v. Harleysville Mutual Insurance Company

Stephen Ebbets, a licensed real estate agent representing Long and Foster Real Estate, Inc. (“Long and Foster”), caused a motor vehicle collision that severely injured Josef and Doerte Hesse. The Hesses, through their guardians ad litem, brought this declaratory judgment action against Ebbets and Harleysville Mutual Insurance Company (“Harleysville”), Long and Foster’s insurance carrier,... More...   $0 (02-08-2010 - VA)

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