Condominium Law
 
Carl E. Woodward, L.L.C. v. Acceptance Indemnity Insurance Company

Carl E. Woodward, LLC has filed a petition asking for panel rehearing of the court’s decision in Carl E. Woodward, L.L.C. v. Acceptance Indem. Ins. Co., 743 F.3d 91 (5th Cir. 2014). The petition is DENIED.

Woodward challenges the panel’s conclusion that the claims alleged against it in a “complaint” (actually, cross-claims by a co-defendant), taken together with the damages identifi... More...
   $0 (04-15-2014 - MS)

Casa Del Mar Association, Inc. v. Gossen Livingston Associates, Inc.

Appellant, Casa del Mar Association, Inc. (“Casa del Mar”), sued appellee, architecture firm Gossen Livingston Associates, Inc. (“GLA”), for services GLA

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provided during renovation of Casa del Mar’s condominiums.1 GLA moved for summary judgment, arguing that the doctrine of collateral estoppel applied based on a previous arbitration proceeding addressing the same renovati... More...
   $0 (04-10-2014 - TX)

United States of America v. Scarlet Veres, and Steven M. Veres, III

Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and Jose A. Gonzalez, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), announce that Scarlet Veres, and Steven M. Veres, III, both of Clermont, formerly of Broward County, pled guilty today before U.S. District Judge Robert N. Scola, Jr. for their participation in a scheme to evade pa... More...   $0 (04-01-2014 - FL)

United States of America v. Walter Ryan Macapaz

Former Houston resident Walter Ryan Macapaz has been ordered to prison along with Houston businessman Tony David Maldonado and attorney and former mortgage loan officer Buffy Marie Lawrence for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans, announced United States Attorney Kenneth Magidson along with FBI Special Agent in Charge Stephen L. Morris ... More...   $0 (03-28-2014 - TX)

A to Z Properties, Inc. v. Fariway Palms II Condominium Assoc., Inc.

A to Z Properties, Inc., appeals a circuit court order finding it liable to Fairway Palms II Condominium Association (“Association”) for $16,291.61 in unpaid assessments on a condominium unit that appellant acquired by a tax deed. Because the unpaid assessments did not survive the issuance of the tax deed, we reverse.

In October 2010, appellant purchased a condominium unit for $21,100 a... More...
   $0 (03-19-2014 - FL)

United States of America v. Sarah N. Underwood

Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that a Galena, Mo., woman pleaded guilty in federal court today to embezzling more than $300,000 from her employer.

Sarah N. Underwood,35, of Galena, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to wire fraud, money laundering and failure to file a tax re... More...
   $0 (03-17-2014 - MO)

IQ Holdings, Inc., Yohanne Gupta and Saroj Gupta v. Villa D'Este Condominium Owner's Association, Inc. and Lee Blask

The parties to this appeal executed a Rule 11 settlement agreement at mediation in which they agreed, among other things, to (1) execute final settlement

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documents to be drafted after the conclusion of the mediation and (2) return to the mediator to have her arbitrate, resolve and render a final decision in disputes “regarding the drafting of the [final settlement] agreement and ... More...
   $0 (03-13-2014 - TX)

United States of America v. Jose L. Baez

In United States v. Sparks, 711 F.3d 58 (1st Cir. 2013), we held that the warrantless installation of a global positioning system (GPS) device on a defendant's automobile and the use of that device to monitor his and a co-defendant's movements for eleven days fell within the good-faith exception to the exclusionary rule, because the monitoring had occurred before the Supreme Court decided that the... More...   $0 (02-28-2014 - MA)

Kevin Shevlin v. Civil Service Commission of the City of Bridgeport

This administrative appeal requires us to construe the Bridgeport City Charter (charter) and the rules (rules) of the Bridgeport Civil Service Commission (commission) to identify the date on which eligibility (eligibility date) to take fire captain promotion examination number 2319 (examination 2319) should have been determined. To determine the eligibility date, we must first decide whether the t... More...   $0 (02-24-2014 - CT)

Sharon Fowler v. Paradise Lake Condominium Association, Inc.

Sharon Fowler appeals the trial court's order dismissing her complaint against Paradise Lakes Condominium Association, Inc. We reverse.

According to the complaint, Ms. Fowler is visually impaired. She has a Labrador Retriever as a service animal. She rented a condominium unit at Paradise

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Lakes in August 2012. Her landlord was the unit owner, and he is not a party to this... More...
   $0 (02-21-2014 - FL)

Cenoplex, Inc. v. Scott Fox

Cenoplex, Inc. appeals from the trial court’s grant of Scott Fox’s special appearance and the dismissal of Cenoplex’s suit against Fox. Cenoplex contends that the trial court erred by concluding that Texas had no specific jurisdiction over Fox and that exercising jurisdiction over him would violate traditional notions of fair play and substantial justice. Cenoplex also contends that the tria... More...   $0 (02-21-2014 - TX)

Arnold J. Schmidt v. Bank of America

Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla... More...   $0 (02-21-2014 - CA)

Patrick Wells Knight v. Michael G. Merhige

These appeals arise from a tragic event—Michael and Carole Merhige’s 35-year-old son, Paul, shot and killed family members at a Thanksgiving gathering in Jupiter, Florida. Following the shooting, representatives of the victims’ estates sued the Merhiges, collectively alleging negligence.1 The circuit court dismissed the complaints for failure to state a cause of action. We affirm the ruling ... More...   $0 (02-19-2014 - FL)

Jared Rapp v. Robert Dutcher

Plaintiffs Jared Rapp and Moti Goldring jointly own a condominium in the City of East Lansing, Michigan, and rented it out without a landlord license in violation of certain municipal ordinances. As a result, the City issued plaintiffs 173 citations. The state court held plaintiffs responsible for all citations and ordered them to pay $45,480 in fines. While the state court proceedings were ongoin... More...   $0 (02-18-2014 - MI)

Midtown Edge, L.P. v. City of Houston

In this interlocutory appeal,1 appellants, Midtown Edge, L.P., and Midtown Condominiums, L.L.C. (collectively, “Edge”), challenge the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in


1 TEX. CIV. PRAC.& REM CODE ANN. §.51.014(a)(8) (Vernon Supp. 2013).

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Edge’s suit against the City for breach of contra... More...
   $0 (02-13-2014 - TX)

Mann v. Northgate Investors, LLC d.b.a Northgate Apartments

{¶ 1} The issue in this case is whether a landlord owes the statutory duty under R.C. 5321.04(A)(3) to “[k]eep all common areas of the premises in a safe and sanitary condition” to a tenant’s guest properly on the premises. We hold

SUPREME COURT OF OHIO

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today that a landlord does owe to a tenant’s guest the statutory duties under R.C. 5321.04(A)(3) and that a breach... More...
   $0 (02-12-2014 - OH)

Michele Cavallaro v. Omni Properties and Nancy Cavallaro

Michele Cavallaro, an active member of The Florida Bar but not a party to the dissolution of her parents’ marriage in the circuit court, appeals an order

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holding her in contempt and imposing attorney’s fees and costs (on her mother’s motion) against her. We reverse.

In 2012, Nancy Cavallaro, the appellant’s mother, obtained a final judgment dissolving her marriage to... More...
   $0 (02-12-2014 - FL)

Fernando Montes v. Mastec North America, Inc.

Fernando Montes and his wife appeal a final summary judgment against them in favor of Mastec North America, Inc. The circuit court lawsuit arose from

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personal injuries sustained by Mr. Montes, a condominium security guard, in 2008 when a ladder owned or used by Mastec allegedly fell on him, with resulting medical expenses exceeding $100,000. The final summary judgment was based on ... More...
   $0 (02-12-2014 - FL)

Yellow Book Sales & Distribution Co. v. Valle

In this certified appeal, the plaintiff,
Yellow Book Sales and Distribution Company, Inc.,
appeals from the judgment of the Appellate Court
affirming the trial court’s grant of summary judgment
in favor of the defendant, Dave Valle.1 Yellow Book
Sales & Distribution Co. v. Valle, 133 Conn. App. 75,
84, 35 A.3d 1082 (2012). The dispositive issue in this
appeal is wheth... More...
   $0 (02-11-2014 - CT)

Carl E. Woodward, LLC v. Acceptance Indemnity Insurance Company

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGL”) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t... More...   $0 (02-11-2014 - MS)

Portofino Professional Center, Inc. v. Prime Homes at Portofino

Portofino Professional Center Condominium Association, Inc. (“the Association”) challenges an order granting a motion to strike its untimely filed amended complaint and an order denying its motion for an enlargement of time to file that complaint. Because the practical effect of these two orders is to dismiss appellant’s complaint with prejudice, and because the trial court entered the order... More...   $0 (02-05-2014 - FL)

United States of America v. Douglas Edward Henderson

Pamela C. Marsh, United States Attorney for the Northern District of Florida, announced that Douglas Edward Henderson, 51, of Fort Walton Beach, Florida, pleaded guilty today to an Information charging him with 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 wire fra... More...   $0 (01-31-2014 - FL)

Fairchild Heights Residents Association, Inc. v. Fairchild Heights, Inc.

The plaintiff, Fairchild Heights Residents
Association, Inc. (association), appeals from the
judgment of the Appellate Court, which reversed the
judgment of the trial court and directed that court to
dismiss the association’s claims alleging negligence and
violations of the Connecticut Unfair Trade Practices
Act (CUTPA), General Statutes § 42-110a et seq., against
th... More...
   $0 (01-28-2014 - CT)

Lisa Monique Okoh-Brown v. Mark Allen Brown

When Lisa Okoh-Brown and Mark Brown divorced in Texas, they agreed that Mark would receive a condominium located in Tampa, Florida as part of the marital property division. Mark defaulted on the condominium’s note, and the

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bank named Lisa as a defendant in a Florida foreclosure proceeding. Lisa sought to extricate herself from the Florida proceeding by filing a motion to enforce ... More...
   $0 (01-28-2014 - TX)

Luca Baricchi v. Loraine Barry

Luca Baricchi appeals the final judgment dissolving his marriage to Loraine Barry. We find merit in his first contention that the trial court erred in proceeding on Ms. Barry's amended petition and reverse.1 1This disposition moots Mr. Baricchi's second contention that the trial court erred in distributing the equity of property located in Italy.

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BACKGROUND

Ms. Barry ins... More...
   $0 (01-17-2014 - FL)

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