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Real Estate Law
 
Curt Daniels v. John Holtz

“Won’t you be my neighbor?”1 Curt Daniels, the owner of a corporation sold at a sheriff’s sale, seeks to have the sale set aside because, he argues, it lacked a just appraisal, the appraisers were not “disinterested householders of the neighborhood,” and the property sold for a grossly inadequate price. Iowa Code § 626.93 (2005). Daniels argues it is improper to adjust the appraisal o... More...   $0 (12-30-2010 - IA)

Marsha R. Cohen v. Chicago Title Insurance Company

Marsha R. Cohen (“the plaintiff”) appeals from a final order granting the defendants’ motion to dismiss Count I of her complaint with prejudice. Chicago Title Insurance Co. (“Chicago Title”), Lawyers Title Insurance Corp. (“Lawyers Title”), and Ticor Title Insurance Co. (“Ticor Title”) (collectively, “the defendants”) brought the motion to dismiss. On the authority of Hechtma... More...   $0 (12-29-2010 - FL)

Ann Moore v. Mary Dougherty

This appeal arises from Ann Moore’s claimed future interest in a cottage owned by her mother, Mary Dougherty. Moore appeals from the part of an order granting Dougherty’s motion for sanctions against her for violating Wis. Stat. § 802.05 (2007-08).[1] We affirm the order. In addition, we deny Dougherty’s motion to find this appeal frivolous because we conclude that Moore had a right to c... More...   $0 (12-29-2010 - WI)

Joseph Davis v. Patrick J. McGuigan

Joseph and Kimberli Davis (“the Davises”) purchased an unimproved, corner lot in the Horseshoe Bend subdivision near Nashville, Tennessee, for $135,500. They subsequently retained an architect to design a custom home for the lot and selected Frawood Custom Builders as the contractor. After working extensively with the Davises to refine the home’s design and to select amenities, furniture, an... More...   $0 (12-26-2010 - TN)

Estate of Rommy Ray Lyon and Ronda Lyon v. Rodney H. Heemstra

This appeal presents the question of whether, during a refereeship, a senior judgment lienholder may redeem property from a junior judgment creditor who purchased the debtor‟s property at an execution sale. To answer this question we must wade into the murky waters of our state‟s statutory redemption provisions, which our supreme court long ago described as “philological monstrosities, illus... More...   $0 (12-22-2010 - IA)

Linda Gibson v. David E. Hatfield

Plaintiff Linda Gibson appeals the district court‘s denial of her request to confirm an easement by implication over the land of her neighbor, David Hatfield. Because the record reveals nothing about the activities giving rise to beneficial enjoyment of what is now Gibson‘s land before the property was severed into two parcels, the type of access provided by the road at issue, or the necessity... More...   $0 (12-22-2010 - IA)

Mary Field Jarvis v. Frank Ewing Field and John Shaw Field

This dispute pertains to the accounting and distribution of the estate of Caroline P. Feild, deceased. Appellant, Mary Feild Jarvis, appeals from an “Order Approving Account for Final Settlement” signed by the trial court on February 23, 2010. By four issues, Jarvis, advancing pro se, argues that: (1) the trial court did not have jurisdiction over this case; (2) the trial court erroneously ... More...   $0 (12-21-2010 - TX)

Mary E. Perry v. Randall R. Whitehead

[¶1] Randall R. Whitehead appeals from that part of a parental rights and responsibilities judgment of the District Court (Waterville, Dobson, J.) ordering that he pay his entire child support obligation to Mary E. Perry in money. Whitehead argues that the court should have classified certain payments he made on the residence where Perry and his children live as in-kind credits against his child ... More...   $0 (12-21-2010 - ME)

Hosea Anderson v. John S. Burson

Hosea Anderson and his wife, Bernice Anderson, live at 6534 Frietchie Row, Columbia, Maryland (the “Residence”). In 2006, the Andersons decided to refinance their home. Accordingly, on October 13, 2006, Mr. Anderson signed an “Adjustable Rate Balloon Note” promising to pay the lender, Wilmington Finance, Inc. (“Wilmington”), the amount he had borrowed ($227,250.00), plus interest, in m... More...   $0 (12-20-2010 - MD)

Joann Abshure v. Methodist Healthcare-Memphis Hospitals

Joann Abshure, a woman in her mid-sixties with a family history of colon and pancreatic cancer, complained of bloating and changes in her bowel patterns to Dr. Whitney T. Slade, her primary care physician. Dr. Slade advised her to have a colonoscopy. Dr. Jeremiah Upshaw performed the colonoscopy as an outpatient procedure on May 2, 2001 at the GI Diagnostic and Therapeutic Center in Memphis. Dr. U... More...   $0 (12-20-2010 - TN)

Prince Jefri Bolkiah v. Thomas Derbyshire and Faith Zaman

Prince Jefri Bolkiah sued Thomas Derbyshire and Faith Zaman on fraud theories claiming that they had defrauded him of $7 million in a variety of schemes while representing him between May of 2004 and November of 2006.

Defendants claimed that they were authorized by Plaintiff to use his money in a variety of lucrative leases and real estate deals.

Defendants counterclaimed for $12 mi... More...
   $21000000 (12-17-2010 - NY)

Wilber Collins v. Clarence Walker d/b/a Brotherhood Recycling

This is an appeal by appellant, Wilber Collins from a judgment in favor of appellee, Clarence Walker d/b/a Brotherhood Recycling. Finding no error, we affirm.

Factual and Procedural Background

This litigation arose out of a dispute involving a real estate lease. Appellant owned the real estate and evicted appellee because appellee allegedly violated terms of the lease. Appellee th... More...
   $0 (12-16-2010 - TX)

Todd Lowe v. Washoe County

Plaintiffs Todd Lowe, Janet Lowe, Tom Henderson, Nancy Henderson, J. Robert Anderson, Carole Anderson, Dean Ingemanson, Kathy Nelson, and Arthur Berliner own residential real property in Incline Village and Crystal Bay, which are communities located on the North Shore of Lake Tahoe in Washoe County, Nevada. As the putative representatives of a class of approximately 9,000 Incline Village and Cryst... More...   $0 (12-16-2010 - NV)

Marcus Saiz De La Mora v. David Andonie

This is an appeal by the Miami-Dade County Property Appraiser and the Florida Department of Revenue from a final summary judgment, bestowing an exemption from ad valorem taxation upon the owners of residential real estate in Miami-Dade County on the basis the property is the “permanent residence” of their minor children, who are “naturally dependent” upon them within the meaning of article... More...   $0 (12-15-2010 - FL)

Zinc Nacional, S.A. v. Bouche Trucking, Inc. v. Jorge Arrellano

Zinc Nacional, S.A. brings this interlocutory appeal from the denial of a special appearance. At issue is whether a Mexican company that trucks its product into the United States at Laredo, Texas for transport to New Mexico may be sued in Texas for negligence in loading the trailer at its facility in Monterrey, Mexico which allegedly caused an accident that injured a Texas driver. In our original ... More...   $0 (12-15-2010 - TX)

Letitia Heaton Watson v. John Heaton

Letitia Heaton Watson brought this enforcement action against her former spouse, John Heaton, regarding the property settlement agreement incorporated into the parties’ divorce decree. See Tex. Fam. Code Ann. §§ 7.006, 9.006 (Vernon 2006). The trial court denied Watson’s request to retake possession of a house in Baytown awarded to Heaton under the agreement and decree. We affirm.
More...
   $0 (12-14-2010 - TX)

Linda A. Theberge v. Michael J. Theberge

[¶1] Michael J. Theberge appeals from a divorce judgment entered in the District Court (Lewiston, Lawrence, J.), arguing that the court erred in assessing the value of several items of marital property and in giving his ex-wife, Linda A. Theberge, a mortgage on his real estate to secure his spousal support obligation.

He also contends that a portion of the judgment is ambiguous. Linda cr... More...
   $0 (12-14-2010 - ME)

Unique Staff Leasing, LLC v. Richard Onder

Appellants, Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (collectively “Unique”), challenge the jury’s verdict in a breach of contract case in favor of appellee, Richard Onder. By four issues, Unique argues that: (1) the statute of frauds bars Onder’s claims for breach of an oral agreement for future commissions; (2) the statute of frauds bars Onder’s claim for breach of a... More...   $0 (12-09-2010 - TX)

Joseph Marioni v. Roxy Garments Delivery Co., Inc.

Previously, we reversed the denial of plaintiff's application for specific performance and remanded for an adjustment of the compensation to be paid by plaintiff to regain the property -- a task complicated by the fact that the interloping purchaser had substantially renovated and leased the property. We reverse again because the trial judge's final adjustment required plaintiff to pay an entrepre... More...   $0 (12-09-2010 - NJ)

Daniel Dixon v. The Hallmark Companies, Inc.

Mary Sharon and Daniel Dixon appeal the district court’s order granting summary judgment to their former employer, Hallmark Management, Inc., on their claims of religious discrimination, retaliation, and failure to accommodate religious beliefs in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and retaliation and housing discrimination in violation of the Fa... More...   $0 (12-09-2010 - FL)

UNIQUE STAFF LEASING, LLC AND UNIQUE STAFF LEASING I, LTD. v. RICHARD ONDER

Appellants, Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (collectively “Unique”), challenge the jury’s verdict in a breach of contract case in favor of appellee, Richard Onder. By four issues, Unique argues that: (1) the statute of frauds bars Onder’s claims for breach of an oral agreement for future commissions; (2) the statute of frauds bars Onder’s claim for breach of a... More...   $0 (12-09-2010 - TX)

UL, Inc., D/B/A Urgan Living and George Silaski v. Jose L. Pruneda

This appeal involves a suit brought by real estate agent, Jose L. Pruneda, to recover commissions from appellants, UL, Inc., d/b/a Urban Living and George Silaski arising from the sale of two pieces of real property. The trial court rendered summary judgment for monetary damages and attorney’s fees in favor of Pruneda against Urban Living and Silaski.

On appeal, Urban Living a... More...
   $0 (12-09-2010 - TX)

Patrick J. Keller v. Dennis Gaszak

Dennis and Laurie Gaszak appeal from a judgment that they failed to disclose basement cracks and a bulging wall when Patrick and Margaret Keller purchased their home. The Gaszaks argue that because there was no expert testimony as to cause, existence of a defect, and necessary repairs, their motion for a directed verdict should have been granted at the conclusion of the Kellers’ presentation of... More...   $0 (12-08-2010 - WI)

Dartmouth College v. Leslie Kevin Kozaczek

¶ 1. Defendant appeals a superior court order granting plaintiff’s motion for summary judgment and motion to dismiss defendant’s counterclaims. This appeal arises out of a collections action in which plaintiff, Dartmouth College, alleges defendant owes it $17,743 plus interest under three student loans. At trial, defendant claimed he did not owe these funds and that plaintiff ha... More...   $0 (12-08-2010 - VT)

Valley View Angus Ranch, Inc. v. Duke Energy Field Services, L.P.

In this diversity action, Valley View Angus Ranch, Inc. and its President, Otis Culpepper (plaintiffs), sued Duke Energy Field Services, LP (now known as DCP Midstream, LP), to recover damages for injury caused when Duke’s oil-and-gas pipeline underlying Valley View’s property leaked condensate. Plaintiffs’ amended complaint raised claims for private and public nuisance, trespass, unjust enr... More...   $0 (12-06-2010 - OK)

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