The Appellants, the Leila Corporation of St. Pete; Susan J. Agia, individually and as trustee of the Susan J. Agia Living Trust; and Dr. Raymond Agia, appeal a final judgment, which the Appellees, Fareed Ossi; Ossi Consulting Engineering, Inc.; and Ossi Construction, Inc., also appeal. The trial court entered a final judgment on numerous claims and counterclaims. It denied relief to all parties se... More...   $0 (01-17-2014 - FL)

Jeff Greene appeals a final judgment and order dismissing his complaint against Times Publishing Company, Miami Herald Media Company, and three reporters for libel. Concluding that the complaint states a legally sufficient cause of action against each defendant, we reverse and remand the case to the circuit court for further proceedings.

I. Parties

Greene was a candidate for nominati... More...   $0 (01-15-2014 - FL)

Shortly after midnight on January 28, 2011, Giuseppe Cracchiolo fell and drowned after slipping from an obviously hazardous place on a pier at a New Bedford fishery while attempting to return to the commercial fishing boat on which he was working. His wife Carla Cracchiolo, acting individually and as administratrix of the estate, sued defendants RCP Realty and Eastern Fisheries, Inc. for damages ... More...   $0 (01-15-2014 - MA)

[¶1] Theodore Stanislaw appeals from a divorce judgment entered in the District Court (Ellsworth, Mallonee, J.) dividing the parties’ marital property. He contends that the court failed to make requisite findings concerning his financial misconduct to support its judgment; that it erred when it considered his criminal conduct for purposes of dividing the property; and that its division of the m... More...   $0 (01-14-2014 - ME)

Kazandra Bern (“Bern” or “Plaintiff”) appeals the trial court’s order denying
a motion for new trial. The issue is whether the trial court erred in permitting the
Defendants to introduce evidence and argue to the jury that one of the trial
witnesses had been sued and was originally named as a defendant in the case, in
violation of section 768.041(3), Florida Statutes (201... More...   $0 (01-08-2014 - FL)

The simplest description of this case is that it involves a dispute between a bank, which foreclosed a first mortgage, and a condominium association. In fact, however, the plaintiff is the United States of America,1 suing on behalf of the Secretary of the Department of Housing and Urban Development ("HUD"), as the successor to two separate banks, each of which foreclosed a first mortgage, and - to... More...   $0 (01-03-2014 - FL)

¶1 Defendant/Appellant, David Lincoln (Father), seeks review of the trial court's order awarding child support to Plaintiff/Appellee, Sara Knight (Mother), for the support of their minor child. We hold the trial court erred as a matter of law (1) in failing to deduct from Father's self-employment income the ordinary and reasonable expenses necessary to produce the income, and (2) in failing to de... More...   $0 (01-03-2014 - OK)

Lisa Detournay and Brenda Randol, who own homes in Coral Gables, and their homeowners’ association, the Rivera Neighborhood Association, Inc., (hereinafter “the Homeowners”) filed a two-count complaint to require the City of Coral Gables to prosecute an enforcement action against nearby property owned by Amace Properties, Inc. The trial court dismissed the first count for lack of standing. A... More...   $0 (12-04-2013 - FL)

Jennifer Bellevue sued Frenchy's South Beach Café, Inc. ("Frenchy's"), for personal injury damages that she sustained when she was attacked inside Frenchy's premises by one or more intoxicated patrons who had been consuming alcohol there for

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several hours prior to "last call" when the attack occurred. Before trial, following a hearing on Frenchy's motion in limine, the court r... More...   $0 (12-04-2013 - FL)

Plaintiff/appellant Janos Farkas appeals from a joint no-evidence and traditional summary judgment granted in favor of defendants/appellees Aurora Loan Services, LLC (Aurora), Aurora Bank FSB (Aurora Bank), and Federal National Mortgage Association in a non-judicial foreclosure lawsuit. In four issues, Farkas argues Aurora is not the mortgagee or mortgage servicer and, therefore, Aurora lacked the... More...   $0 (11-26-2013 - TX)

Premier Finishes, Inc., and Peter Torres seek certiorari review of a circuit court order that discharged their claim of lien and lis pendens. The basis for the discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of - 2 -

the law by discharging the claim of lien without determini... More...   $0 (11-15-2013 - FL)

Suzana Popescu (Popescu) seeks prohibition to bar the Palm Beach Circuit Court from exercising jurisdiction over a motion for rehearing in a post-judgment foreclosure action. We deny th e petition for reasons which follow.

Respondent Laguna Master Association, Inc. (Association) sued Fay Morrison (Morrison) for unpaid homeowner’s association dues and obtained a final judgment against he... More...   $0 (11-13-2013 - FL)

¶ 1. DOOLEY, J. Plaintiff Janet Knutsen appeals the decision of the superior court denying her motion for summary judgment and granting defendant Vermont Association of Realtors, Inc.’s (VAR) motion for summary judgment on her consumer fraud claim arising out of her purchase of a home in Moretown. Plaintiff argues that VAR’s form purchase and sale agreement, which was used in h... More...   $0 (11-08-2013 - VT)

[¶1] This matter comes before us pursuant to M.R. App. P. 24(c) on report from the Superior Court (York County, Fritzsche, J.). Littlebrook Airpark Condominium Association (“the Association”) brought this action seeking, among other things, a declaratory judgment clarifying the rights of the parties pursuant to a lease of real property. The reported question concerns the effectiveness of an u... More...   $0 (10-31-2013 - ME)

Granada Lakes Villas Condominium Association (“Granada”) argues that the Second District Court of Appeal in Metro-Dade Investments, Co. v. Granada Lakes Villas Condominium, Inc., 74 So. 3d 593 (Fla. 2d DCA 2011), erred because sections 617.1432, 718.117, and 718.1124, Florida Statutes (2010), restrict a trial court’s inherent, equitable authority to appoint a receiver in an action involving ... More...   $0 (10-31-2013 - FL)

The Petitioners seek review of the decision of the Fourth District Court of Appeal in Fetterman & Assocs., P.A. v. Friedrich, 69 So. 3d 965 (Fla. 4th DCA 2011). In this negligence case, the key issue is whether the Fourth District Court of Appeal impermissibly reweighed the testimony of expert witnesses during trial. We conclude that by reweighing the evidence, the Fourth District’s decision bel... More...   $0 (10-24-2013 - FL)

Appellant Colony Cove Properties, LLC, a Delaware limited liability company, is the owner of the Colony Cove Mobile Estates, a mobilehome park (the Park) containing approximately 400 spaces, located in respondent City of Carson (the City). At the time appellant purchased the Park, it was rent controlled.1 Appellant submitted applications for rent increases in September 2007 and again in September ... More...   $0 (10-21-2013 - CA)

¶1 We are presented with two consolidated cases. The first is a direct appeal (Appeal) from an injunction entered against Ogden Trece (Trece), a criminal street gang. The second is a petition for

WEBER CO. v. OGDEN TRECE

Opinion of the Court

extraordinary writ (Petition) brought by three alleged Trece members who were served with the injunction.

¶2 Weber County (Count... More...   $0 (10-18-2013 - UT)

Carolyn Bearden sued the Delaware Crossing Condominiums Association, Inc. on a premises liability theory.

Delaware Crossing appeared and moved for summary judgment in its favor asserting:

COMES NOW Defendant, Delaware Crossing Condominiums Association, Inc, and pursuant to 12 Okia. Stat. §2056 and Rule 13 of the Rules for District Courts, moves for sununary judgment on Plaintiff’s... More...   $0 (10-18-2013 - OK)

Appellant, Alpha Data Corporation, a government contractor that provides information technology and engineering services, filed a multi-count complaint against Appellees HX5, Margarita Howard, Timothy Deckert, and Tracy Allen.1 Count I alleged theft of trade secrets, Count II alleged Appellees breached a teaming agreement, Count III alleged breach of a “Mentor-Protege Agreement”, Count IV alle... More...   $0 (10-18-2013 - OK)

Fondren Southwest Tempos Association sued Ramesh Kapur (d/b/a AIC Management Company) for unpaid maintenance assessments and violating various deed restrictions in the Fondren Southwest Tempos townhouse complex. The trial court granted the Association’s motion for summary judgment. Kapur appeals, contending that (1) the Association failed to conclusively prove each of its claims

2
<... More...   $0 (10-15-2013 - TX)

¶1 A condominium resident was injured when she tripped on a group of tree root offshoots concealed within the grassy common area of her complex. She sued the complex‘s contract property management company, which was tasked with performing some maintenance activities in that area. She claimed that the company had been negligent in dealing with the tree offshoots, asserting that it had breached d... More...   $0 (10-11-2013 - UT)

¶1 Westgate Resorts, Ltd. (Westgate) appeals from the district court’s entry of summary judgment in favor of Jeff Burningham in Burningham’s action for the return of $89,900 that he had paid to

1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud.

Admin. R. 11‐201(6).

Burningham v. Westgate Resorts<... More...   $0 (10-10-2013 - UT)

This appeal arises from a judgment issued after a bench trial in these two consolidated cases, on a stipulated record, (1) granting declaratory relief at the request of a homeowners association of a common interest development, that an election rule it adopted is valid and enforceable; and (2) denying an owner's request in his small claims case to challenge that rule as inconsistent with the devel... More...   $0 (10-09-2013 - OK)

In a commercial real estate transaction, Paraic O‟Donoghue, Tony Manning, Enda G. Quigley, Sean Murphy, Daniel Walsh, and Christopher Flood (collectively defendants) each signed a separate personal continuing guaranty in favor of a lender. The guaranty agreements (agreements) contained a provision authorizing dispute resolution through judicial reference. (Code Civ. Proc., § 638.)1 In its actio... More...   $0 (09-27-2013 - CA)