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)

Terri Greig brought this medical malpractice action against Dr. Maged Botros in the District of Kansas based on diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). The decedent Michael Greig, Terri Greig’s husband, died from a ruptured aortic dissecting aneurysm, which occurs when the aorta tears. We exercise our jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. ___________________... More...   $0 (05-21-2013 - KS)

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

In this case we consider whether a municipal ordinance may validly establish superpriority status for municipal code enforcement liens. In City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011), the Fifth District Court of Appeal concluded that such an ordinance superpriority provision is invalid because it conflicts with a state statute and that the City’s lien accordingl... More...   $0 (05-16-2013 - FL)

The Interstate Land Sales Full Disclosure Act (“ISLA”), 15 U.S.C. § 1701 et seq., “protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments, including condominiums, by mandating that developers make certain disclosures.” Bacolitsas v. 86th & 3rd Owner, LLC, 702 F.3d 673, 676 (2d Cir. 2012). The question presented in this appeal is whether... More...   $0 (05-06-2013 - NY)

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

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and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w... More...   $0 (05-02-2013 - TX)

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c... More...   $0 (05-02-2013 - TX)

Karen Marie Kline filed this adversary proceedi ng in the United States Bankruptcy Court for the District of New Mexico, seeking damages from the defendants under 11 U.S.C. § 362( k) based on their alleged willful violation of the automatic stay. The bankruptcy court granted summary judgment in favor of the defendants. The Tenth Circuit Bankrupt cy Appellate Panel (BAP) affirmed. Kline v. Deutsch... More...   $0 (04-18-2013 - NM)

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Xiaodong Li appeals the trial court’s judgment denying his petition for a bill of review concerning a default judgment taken against him by DDX Group Investment, LLC, d/b/a Dong Tin Chinese Restaurant. In four issues, Li argues (1)

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he was not properly served with process in the underlying suit, (2) he was not required to file a restricted appeal before bringing this action, (3) t... More...   $0 (04-12-2013 - TX)

This is an appeal by the government from the district court's grant of defendant Anthony Dapolito's motion to suppress evidence (a firearm) as the fruits of an unconstitutional detention. United States v. Dapolito, No. 2:12-cr-00045-NT, 2012 WL 3612602 (D. Me. Aug. 21, 2012).

The prosecution does not challenge on appeal the district court's findings of historical fact. Rather, it ... More...   $0 (04-12-2013 - ME)

Michael Burke signed a contract to purchase a condominium unit and two parking spaces in the Trump International Hotel & Tower in downtown Chicago for about $2.2 million. Burke made two earnest payments totaling 20% of the purchase price. When it came time to close, however, Burke refused to pay. He filed this lawsuit after the developer declined to refund his earnest money. Burke maintains
More...   $0 (04-10-2013 - IL)

The Calypso Developers I, LLC (“Calypso”), appeals the final judgment entered in an action for equitable reformation brought by Appellee, Pelican Properties of South Walton, LLC (“Pelican”). The judgment grants Pelican’s

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claims, based on mutual mistake, for reformation of a purchase and sale agreement and the concomitant special warranty deed to include a condominium unit... More...   $0 (03-28-2013 - FL)

The question presented is whether an easement is void ab initio or merely subject to a lien-type interest when the male owner of a servient estate violates the statute of frauds by granting an easement without securing his wife’s waiver of her then-inchoate dower interest. Consistent with long-standing precedent of the Michigan Supreme Court, an inchoate dower interest is an encumbrance on a hus... More...   $0 (03-28-2013 - MI)

In this breach of contract suit, Brent Timmerman d/b/a Timmerman Custom Builders appeals the trial court’s order denying his motion for summary judgment and awarding Richard P. Dale, Jr. damages for lost rental value for failing to proceed with reasonable diligence in remodeling Dale’s homestead residence. In a single issue, Timmerman contends Dale’s claim falls under the Residential Constru... More...   $0 (03-28-2013 - TX)

After plaintiff Gustavo E. Vasquez purchased a used car on credit from defendant Greene Motors, Inc. (Greene), the vehicle‘s financing was assigned to defendant American Honda Finance Corporation (Honda). When Vasquez later sued Greene and Honda in connection with the terms of the financing, defendants petitioned the superior court to compel arbitration of the matter under a clause in the sales ... More...   $0 (03-27-2013 - CA)

Donna R. Wendler, Scott Wendler, and Wendler Properties III, Inc. (collectively, “the Wendlers”), brought this action against the City of St. Augustine under the Bert J. Harris, Jr., Private Property Rights Protection Act, section 70.001, Florida Statutes

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(2010) (“Harris Act”).1 The trial court found the action was untimely and dismissed the complaint with prejudice. We rev... More...   $0 (03-15-2013 - FL)

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-ap... More...   $0 (03-13-2013 - FL)

Esperanza Real Estate Investments, LLC sued Dequean J. Steele and Dequean Steele on breach of contract theories claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15,... More...   $0 (03-10-2013 - OK)

Esperanza Rezl Estate Investments, LLC sued Dequean J. Steele on a breach of contract theory claiming:

1. Plaintiff was at all times hereinafter mentioned and now is duly organized, existing and authorized to bring this action.

2. Upon information and belief, defendant Steele was at all times hereinafter mentioned, and now is, a single person.

3. On July 15, 2010, Steele... More...   $93935 (03-09-2013 - OK)

¶1 Defendant Jordan Pines Townhomes Owners Association, Inc. appeals the district court’s grant of partial summary judgment in favor of plaintiff, Isaac McQueen. McQueen cross‐appeals the district court’s denial of his requested attorney fees. We affirm.

BACKGROUND

¶2 Jordan Pines Townhomes Owners Association, Inc. (the Association) is a condominium association located in Wes... More...   $0 (02-28-2013 - UT)

This is an appeal from a divorce and child-custody jury trial. By eleven issues— which we consolidate into five—appellant Robert Scott Howell contends that the trial court erred by: (1) making an improper comment on the evidence; (2) overruling several of his evidentiary objections; (3) overruling his expert challenge; and (4) overruling his motion for judgment notwithstanding the verdict on t... More...   $0 (02-28-2013 - TX)

This appeal arises from a negligence action brought by the plaintiff, Catherine O. Duncan, against the defendants, Mill Management Company of Greenwich, Inc. (management company), and the Greenwich Chateau Condominium Association (condo- minium association), after the plaintiff fell and was injured when stepping down from the roof deck of the Greenwich Chateau Condominiums (condominium building), ... More...   $0 (02-21-2013 - CT)

Seascape Owners Association, Inc. (―Seascape‖) is the managing corporation of a large condominium complex on Galveston Island. In September 2008, following the torrent of Hurricane Ike, many units on the property sustained extensive damage from water and wind. Seascape tried to assess the damage in the aftermath of the storm and collect the sums that it believed were due under its various insu... More...   $0 (02-19-2013 - TX)

Bryan P. Butler sued Mask Development, LLC, Mary Kean, Aaron Talton, Shawn Linfoot, Kristin Vannaconne and Keane Realtors, Inc. on negligence theories:

1. Plaintiff Bryan Butler is an individual residing in Tulsa County, State of Oklaho4i.

2. Defendant Mask Development, LLC is an Oklahoma Limited Liability Compy doii1g business in Tulsa County, State of Oklahoma.

3. Defe... More...   $1 (02-15-2013 - OK)