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

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discharge was a name discrepancy. The order also dismissed their lien foreclosure claim without prejudice. The circuit court departed from the essential requirements of the law by discharging the claim of lien without ho... More...   $0 (09-25-2013 - FL)

¶1 Sundial Inc. (Sundial) appeals from a judgment awarding it damages for unjust enrichment on the ground that the trial court failed to include prejudgment interest. We affirm.

¶2 The underlying claim for equitable relief relates to The Villages at Wolf Hollow development, a sixty‐four unit condominium project (the Project) in Salt Lake County. The original developer of the Project was... More...   $0 (09-12-2013 - UT)

An unconventional real estate financing scheme presents us with some unconventional legal questions. Questions ranging from whether an Austrian financier should be denied access to the American legal system because he failed to comply with an order freezing his assets worldwide — to whether the district court had the power to issue such a far-flying order in the first place.

Our case st... More...   $0 (09-06-2013 - CO)

¶ 1 The instant consolidated appeals concern a two-story four-unit building purchased by plaintiffs, Siegel Development, LLC, Gary Siegel, and Ross Siegel, for the purpose of converting the building into condominium units. Plaintiffs allege that they purchased the property in reliance on a promise from several of the defendants that defendant Peak Construction LLC would perform the renovations ne... More...   $0 (08-28-2013 - IL)

In this agreed interlocutory appeal, we must determine whether the insurer, Mid-Continent Casualty Company, owed its insured, Robert Krolczyk, a duty to defend in a suit involving damage to a road built by Krolczyk. Mid-Continent contends that it had no duty to defend because two exclusions in its commercial general liability policy barred insurance coverage. Because the allegations potentially su... More...   $0 (08-17-2013 - TX)

In these consolidated cases, Ocean Bank appeals orders that denied its requests for attorney’s fees against Caribbean Towers Condominium Association.

The Bank claims attorney’s fees as the prevailing party in disputes over unpaid assessments. The Association responds that the trial courts lacked subject matter jurisdiction to grant attorney’s fees. In the alternative, the Associatio... More...   $0 (08-14-2013 - FL)

A transaction that looks nothing like a sale of stock and involving such diverse items as citrus groves and vacation homes may qualify as a sale of a security under federal law. See SEC v. W.J. Howey Co., 328 U.S. 293 (1946); Hocking v. Dubois, 885 F.2d 1449 (9th Cir. 1989) (en banc). Here, we must decide whether Plaintiffs-Appellants have alleged the sale of a security based on their purchase of ... More...   $0 (08-13-2013 - CA)

Pulte Home Corporation (Pulte) seeks review of the circuit court's order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners' Association, Inc. (the HOA), for alleged building code

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violations under section 553.84, Florida Statutes (2011). 1 We reverse the order under review on the authority of Pulte Home Corp. v. Vermilli... More...   $0 (08-09-2013 - FL)

Appellant, Alice Donahue, appeals from the trial court’s summary judgment in favor of appellee, First American Title Company. By one issue, Donahue contends that a fact issue remains regarding her claim that appellee owed a duty to pay her a commission. We affirm.

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I. BACKGROUND

Donahue served as a real estate agent for the sale of a condominium by Sapphire, VP, LP to Macua... More...   $0 (08-01-2013 - TX)

Petitioner, J. John Marshall (“Marshall”), seeks a writ of certiorari quashing an order granting Buttonwood Bay Condominium Association, Inc.’s

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(“Association”) motion for a protective order barring Marshall from deposing the Association’s Corporate Representative, Board President, and Property Manager (collectively, the “Association’s representatives”). For the re... More...   $0 (07-24-2013 - FL)

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

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a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen... More...   $0 (07-19-2013 - NJ)

This is a defamation suit arising out of a dispute between members of a homeowner’s association. In this appeal, we consider whether the trial court properly granted Randall D. Jones’s motion for summary judgment on John F.

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Vecchio’s defamation claims against him. Specifically, we address (1) whether the statements were opinions, (2) substantially true, or (3) made with actua... More...   $0 (07-13-2013 - )

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

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(“SVI”). As ... More...   $0 (07-12-2013 - TX)

Rick Wolfe Roofing & Construction, Inc. sued Copperchase Condominium Owners' Association on a breach of contract theory claiming:

1. That Wolfe is an Oklahoma Corporation doing business in the State of Oklahoma; that the Defendant, CCOA, is an Oklahoma Domestic Not for Profit Corporation doing business in the State of Oklahoma; and that the cause of action herein complathcd of arose in Okla... More...   $0 (07-11-2013 - OK)

This suit arises from the foreclosure of eighteen condominium units in the Braes Woods Condominium complex. Yigal Bosch sued the Braes Woods Condominium Association for wrongful foreclosure. Braes Woods moved for summary judgment, contending, among other things, that res judicata bars Bosch’s suit. The trial court granted the motion. Bosch appeals that ruling, and the trial

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court... More...   $0 (07-11-2013 - TX)

In 2006 Gregg and Janet Short (together the Shorts, who are not parties to this appeal but are interested persons) purchased a home in the Isla Verde residential community (Isla Verde). They then transferred title to themselves as trustees of their family trust and later transferred title to plaintiff SB Liberty, LLC (SB Liberty), a California limited liability company organized in early 2011, whi... More...   $0 (06-21-2013 - CA)

Order, Supreme Court, New York County (Paul Wooten, J.), entered December 19, 2012, which, to the extent appealed from, granted plaintiff's motion for summary judgment cancelling a mortgage, granted third-party defendant Brown, Harris, Stevens on Site Marketing and Sales LLC's (BHS) motion to dismiss the third-party complaint as against it, and denied defendant/third party plaintiff Mad52 LLC's cr... More...   $0 (06-20-2013 - NY)

Order and judgment (one paper), Supreme Court, New York County (Eileen A. Rakower, J.), entered July 16, 2010, which, to the extent appealed from as limited by the briefs, in a turnover proceeding pursuant to CPLR 5225(b), directed the sale of stock held by petitioner judgment debtor Meryl Brodsky, unanimously affirmed, without costs.

The turnover proceedings at issue on this appeal arise... More...   $0 (06-20-2013 - NY)

Jacqueline Goldberg sued 401 North Wabash Venture LLC, Trump Chicago Managing Member LLC, Donald Trump on breach of contract and fraud theories claiming that Trump did not perform on a promise to share the profits on a luxury hotel and condominium development in which she invested by buying two units in the project in 2006. She claimed to have lost $500,000 sought much more in damages from Mr. Tr... More...   $0 (05-24-2013 - IL)

This is an interlocutory appeal challenging the trial court’s denial of appellants’ motions to compel arbitration. Appellee, Sapphire, V.P., L.P. sued appellants for breach of contract and negligence for damage to its condominium complex caused by Hurricane Dolly. The appellants include: (1) the architectural firm that designed the

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condominium complex, ZCA Residential, LLC (“... More...   $0 (05-23-2013 - TX)

Robert R. Tweed (Tweed) and his investment firm, Tweed Financial Services, Inc. (TFI), appeal the order denying their petition to compel arbitration of claims for damages asserted against them by Ronay Family Limited Partnership (Ronay). The claims arose out of Tweed's provision of advice concerning Ronay's purchase of investments offered by CapWest Securities, Inc. (CapWest), for which Tweed and ... More...   $0 (05-23-2013 - CA)

Timothy N., a juvenile, pled guilty to one count of burglary of an inhabited dwelling, a felony, in exchange for the dismissal of five other counts and the agreement of the prosecutor that if Timothy "successfully complete[d] probation" the prosecutor would dismiss the residential burglary allegation and reduce the charge to a misdemeanor. The parties did not further define "successfully complete ... More...   $0 (05-22-2013 - CA)

David S. Band appeals the trial court's order granting in part and denying in part a motion for judgment notwithstanding the verdict and motion for new trial filed by Harold L. Libby and Libby St. John, L.L.C. (collectively, the Libby parties). Mr. Band

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also challenges the trial court's denial of his motion for directed verdict on several grounds. The Libby parties cross-appeal... More...   $0 (05-22-2013 - FL)

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El... More...   $0 (05-22-2013 - TX)

The Board of Managers (Board) of the Brentwood Forest Condominium Association (Association) appeals the trial court’s declaratory judgment in favor of unit-owner Sterling Investment Group (Sterling). We reverse and enter judgment in favor of the Board pursuant to Rule 84.14.

Background

The Board is the governing body of the Association, which comprises 1,425 condo units. Sterli... More...   $0 (05-21-2013 - MO)