Condominium Law
 
Montreaux at Deerwood Lake Condominium Association, Inc. v. Citibank, N.A.

After acquiring a condominium at a foreclosure sale, Appellee Citibank, as the trustee for the trust owning the property, filed a “motion to enforce final judgment of foreclosure” to determine the amount of unpaid condominium assessments owed to the association, Montreux at Deerwood Lake Condominium Association. The trial court held a hearing and granted the motion. The Association appealed an... More...   $0 (12-18-2014 - FL)

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc.

It has long been said in the courts of this state that “every litigant is entitled
to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis
v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has
abandoned his post as a neutral overseer of the dispute between the parties,
compelling us to grant Great American Insurance C... More...
   $0 (12-17-2014 - FL)

Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m... More...
   $0 (12-16-2014 - CA)

United States of America v. Joshua Michael Riley. Nicholas Collado and Jacob Fisher

LAS VEGAS, NV – U.S. District Judge Jennifer A. Dorsey sentenced three defendants this morning for their involvement in a conspiracy to distribute the synthetic drugs known as “spice” and “bath salts,” announced U.S. Attorney Daniel G. Bogden, for the District of Nevada.

Joshua Michael Riley, 32, of Henderson, Nev., was sentenced to 51 months in prison and three years of supe... More...
   $0 (11-27-2014 - NV)

Charter Schools USA, Inc. v. John Doe. 93, etc., et al.

Charter Schools USA, Inc., The Downtown Charter School, Inc., Charter
Schools USA at Downtown Miami, L.C. (collectively Charter Schools) appeal
from an order denying their motion to dissolve writs of garnishment and to enforce
supersedeas bond. We find no error in the order on appeal and affirm.
This action was commenced on behalf of a minor child who claimed to have
been sexua... More...
   $0 (11-12-2014 - FL)

Sonia Graciano v. Mercury General Corporation

Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured
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by one of CAIC's insureds, during which time Graci... More...
   $0 (11-12-2014 - CA)

Total Restoration, Inc. v. Vernon Merritt and Sandra Merritt

¶1 Vernon and Sandra Merritt appeal from the trial court’s
determination that a mechanics’ lien that Total Restoration, Inc.
recorded against the Merritts’ home was valid and enforceable.
Total Restoration recorded the lien after a dispute arose over
payment for flood-remediation work that Total Restoration had
performed on the home. The Merritts argue that the work Tota... More...
   $0 (10-30-2014 - UT)

Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his... More...   $0 (10-30-2014 - CA)

United States of America v. Brandon Lynn Barber

Fort Smith, Arkansas - Conner Eldridge, United States Attorney for the Western District of Arkansas, announced today that Brandon Lynn Barber, age 38, of New York, New York, was sentenced today to 65 months in prison and three years of supervised release for conspiracy to commit bankruptcy fraud, conspiracy to commit bank fraud, and money laundering. The Honorable P. K. Holmes, III presided over t... More...   $0 (10-28-2014 - )

State of Utah v. GTrace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...   $0 (10-17-2014 - UT)

State of Utah v. Grace C. Kelson

¶1 Grace Kelson was convicted of five securities law violations and one count of maintaining a pattern of unlawful activity (rack-eteering) related to an investment scheme. The court of appeals overturned Kelson’s securities convictions on the basis of ineffec-tive assistance of trial counsel in stipulating to a jury instruction that purportedly relieved the State of its burden to prove each el... More...   $0 (10-17-2014 - UT)

United States of America v. Douglas Edward Henderson

PENSACOLA, FLORIDA – Douglas Edward Henderson, 52, of Fort Walton Beach, Florida, was sentenced to prison and ordered to pay over $1.2 million in restitution following his guilty plea to an Information that charged five counts of submitting a false tax return, two counts of aiding in the preparation of a false tax return, one count of mail fraud, and one count of conspiracy to commit mail and wi... More...   $0 (10-16-2014 - FL)

Oxbow Construction, LLC v. The Regent at Town Center Homeowners' Association

In this opinion, we consider several issues raised by
consolidated writ petitions arising out of a construction-defect action.
Specifically, we address whether the district court acted arbitrarily or
capriciously by failing to perform an NRCP 23 class-action analysis,
determining that previously occupied units in a common-interest
community do not qualify for NRS Chapter 40 rem... More...
   $0 (10-16-2014 - NV)

Leonard K. Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc.

Pursuant to an order of a bankruptcy court, Leonard K. Hoskins, Colonel Clifton Hoskins, and Hoskins, Inc. (the “Company”) were all parties to an arbitration proceeding. After a final arbitration award was entered with regard to Leonard’s claims against Clifton and the Company, Leonard filed a motion to vacate the arbitration award, while Clifton and the Company filed a motion to confirm the... More...   $0 (10-15-2014 - TX)

Huntington Continental Townhouse Association, Inc. v. Joseph A. Miner

The Orange County Superior Court, after a decision by the appellate division (Huntington Continental Town House Assn., Inc. v. Miner (2014) 222 Cal.App.4th Supp. 13 (Huntington Continental)), certified this case for transfer to this court pursuant to rule 8.1005(a)(1) of the California Rules of Court to address a single question. The question is whether a homeowners association is required by the ... More...   $0 (10-14-2014 - CA)

Luani Plaza, Inc. v. Michael Burton d/b/a Burton Family Partnership

This is an appeal from a final judgment rendered after a bench trial,
resolving disputes between Dr. Michael Burton, the owner of two units in Luani
Plaza in the City of Key West, Florida, and Luani Plaza, Inc., the business owner’s
association (the “Association”) which administers the common areas of Luani
Plaza. We summarily affirm the well-reasoned final judgment of the tr... More...
   $0 (10-08-2014 - FL)

The People v. Duwan D. Fields

A jury convicted defendants Duwan D. Fields and Claudiens Santrail Griffin of eight counts of pimping, pandering, and committing sexual offenses against minors. Defendants contend their convictions must be reversed due to asserted instructional errors. Griffin further contends his conviction for oral copulation with a minor is not supported by substantial evidence and his felony sentence for the o... More...   $0 (09-30-2014 - CA)

Mercury Casualty Company v. Hung Chu

Mercury Casualty Company (Mercury) filed an action seeking declaratory relief regarding its insurance obligation towards students Hung Chu (Chu) and his roommate Tu Pham (Pham). Mercury issued an automobile policy to Chu insuring his
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1995 Honda Accord. Chu was driving, and Pham was a passenger, when Chu collided with a vehicle driven by Krystal Nguyen Hoang (Hoang). Pham filed a personal... More...
   $0 (09-24-2014 - CA)

United States of America v. Alvaro Lopez Tardon

Miami, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigations (FBI), Miami Field Office, and Donnell Young, Acting Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Alvaro López Tardón, 39, of Miami Beach and Madrid, Spain, was sentenced by U.S. ... More...   $0 (09-19-2014 - FL)

Lee Ann Wheelbarger v. City of El Lago and Richard Smith

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
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damaged” by Hurricane Ike. She claimed that this determination, communicated in a le... More...
   $0 (09-18-2014 - TX)

Clyde Klemke v. Radergroup, Inc.

Tulsa, OK - Clyde Klemker and Jennifer Dimaggio f/k/a Jennifer Page sued Radergroup, Inc., David Tyrien, Joanne Tyrien and Excel PM, LLC d/b/a Radergroup Property Management on breach of contract theories claiming:

1. Plaintiffs, Clyde Klemke [hereinafter individually identified as “Klemke”j and Jennifer DiMaggio [hereinafter individually identified as “Page” (otherwise identified... More...
   $0 (09-02-2014 - OK)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

Medical Recovery Services, LLC v. Bonneville Billing and Collections, Inc.

This is an appeal from the district court sitting in its appellate capacity and comes before this Court on review from the Idaho Court of Appeals. We reverse the decision of the district court and remand with instructions.
I. FACTUAL AND PROCEDURAL BACKGROUND
This is a dispute between two collections agencies, Medical Recovery Services, LLC (MRS) and Bonneville Billing and Collections, Inc... More...
   $0 (08-21-2014 - ID)

Judge Rodrigo v. State Farm Florida Insurance Company

We deny the insured’s motion for rehearing, rehearing en banc, and for certification. We do however withdraw our previously issued opinion and substitute this opinion in its place.
An insured appeals an adverse final summary judgment on her claim for property damage to her condominium, its contents, and related expenses. She argues the trial court erred in entering summary judgment because: ... More...
   $0 (08-20-2014 - FL)

Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr... More...
   $0 (08-19-2014 - TX)

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