[¶1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium’s smoking ban. He appeals from a judgment entered in the Business and Cons... More...   $0 (02-12-2013 - ME)

Hans J. Rapold, who is Swiss, sued the pharmaceutical company Baxter International, Incorporated (“Baxter”) after it revoked an employment offer for him to work as the Medical Director of Cellular Therapy at its corporate headquarters in Deerfield, Illinois. Dr. Rapold sued Baxter in state court and alleged a number of state law causes of action, but Baxter removed the case to federal court in... More...   $0 (02-01-2013 - IL)

Plaintiff John Scheenstra was a member of defendant California Dairies, Inc. (Cal Dairies), a member-owned milk marketing and processing cooperative. After Cal Dairies instituted internal production quotas for its members and reduced payments for milk deliveries in excess of the quotas, Scheenstra sued for breach of contract claiming his quota was too low. The contract provision in question obliga... More...   $0 (01-30-2013 - ca)

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole... More...   $0 (01-26-2013 - CA)

This case is before the Court for review of four questions of Florida law certified by the United States Court of Appeals for the Eleventh Circuit that are determinative of a cause pending in that court and for which there appears to be no controlling precedent. We have jurisdiction. See art. V, § 3(b)(6), Fla. Const.

FACTS AND PROCEDURAL HISTORY

The four certified questions bef... More...   $0 (01-24-2013 - FL)

The Balmoral Condominium Association (“Balmoral”) appeals from an order that granted Grace Grimaldi’s (“Ms. Grimaldi”) motion to vacate a final judgment. Because the motion was not authorized by either rule 1.530 or 1.540 of the Florida Rules of Civil Procedure, we reverse the order granting the motion to vacate and leave the final judgment intact. This case illustrates the danger of con... More...   $0 (01-23-2013 - FL)

Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse.

In July 2008, Appellee initiated lien foreclosure proceedings against the owner of unit #402 (the Unit) in the Spiaggia Ocean Condominium located at 9499 Collins Avenue in Surfside. In July of 2009, Appellee obtained a default f... More...   $0 (01-23-2013 - FL)

[¶1] Kay Cox appeals from the entry of a summary judgment in the Superior Court (York County, Fritzsche, J.) in favor of Commonwealth Land Title Insurance Company (Commonwealth) determining that Commonwealth had no duty to defend Cox against a claim from a third party that Cox’s property is subject to a view easement. We vacate the judgment.

I. BACKGROUND

[¶2] On April 8, 1998, C... More...   $0 (01-20-2013 - ME)

This appeal involves a dispute between a homeowners association and property owners who built a cabana and fireplace in their backyard without obtaining prior approval from the homeowners association. The homeowners association contends the applicable governing documents prohibited the cabana and fireplace. Thus, the homeowners association concludes it properly denied the owners‟ request for a v... More...   $0 (01-15-2013 - CA)

This case involves a dispute over the construction and sale of a condominium unit. Appellants, Dale and Pamela Jackson (the “Jacksons”), appeal the trial court’s entry of summary judgment in favor of Appellee, The Palms at Perdido (“The Palms”) on their claims for breach of contract and violations of section 718.202, Florida Statutes. We affirm the trial court’s disposition of the Jack... More...   $0 (01-09-2013 - FL)

This appeal comes to us from a traditional summary judgment. For the reasons that follow, we reverse and remand.

BACKGROUND

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 win... More...   $0 (01-08-2013 - TX)

Appellants Denise and Greg Brown appeal from a summary judgment granted in favor of appellee American Western Home Insurance Company. In only a single issue, the Browns contend the trial court erred by granting summary judgment. We affirm.

Background and Procedural History

Denise and Greg Brown own a condominium unit located at 4439 Travis, Dallas, Texas. Like the other condominium u... More...   $0 (01-07-2013 - TX)

Estoril Incorporated (“Estoril”) appeals a final judgment entered by the trial court after granting summary judgment in favor of Mayfield Condominium Association, Inc. (“Mayfield” or the “Association”). For the reasons set forth below, we reverse.

This appeal centers around the Espirito Santo Plaza (“Espirito”), a multi-use, high-rise building in Miami comprised of a hotel c... More...   $0 (01-02-2013 - FL)

Shannon E. Jackson (“Homeowner”) appeals the Circuit Court of St. Louis County’s judgment following a bench trial in favor of Jamestowne Homeowners Association Trustees (“Association”) and against Homeowner for delinquent assessments, interest, collection costs, and attorneys’ fees. Homeowner argues that the trial court erred in: (1) entering judgment in favor of Association because As... More...   $0 (12-24-2012 - MO)

Plaintiffs-Appellees are individuals with “mental retardation” who reside in intermediate care facilities operated by Defendants-Appellees Department of Public Welfare of the Commonwealth of Pennsylvania and the Secretary of Public Welfare of the Commonwealth of Pennsylvania. By and through their respective next friends, they brought this current class action in the United States District Cour... More...   $0 (12-21-2012 - PA)

This appeal provides us with an opportunity to clarify the requirements of the Interstate Land Sales Full Disclosure Act (“ILSA”), 15 U.S.C. §§ 1701-20, a statute that, while enacted more than forty years ago, has received little attention from the federal courts until recently. In basic terms, ILSA protects individual buyers or lessees who purchase or lease lots in large, uncompleted housin... More...   $0 (12-21-2012 - NY)

Marisue Van Zant, Van Zant Family Revocable Trust, Jim Van Zant and Richard Hoffman sued Willow Creek I Neighborhood Association, Inc., Bud Proffitt and Jim Scalet on breach of contract, negligence, breach of fiduciary duty, equitable estoppel, equitable tolling, and punitive damage theories.

Plaintiffs were owners of condominium units at the Willow Creek I condominium complex in Tulsa, ... More...   $1 (12-19-2012 - OK)

Skidmore, Owings & Merrill LLP (SOM) and HKS, Inc. (individually & doing business as HKS Architects, Inc.; hereafter HKS) are design professionals. SOM and HKS (collectively Respondents) provided architectural and engineering services, as well as construction administration and construction contract management, for the Beacon Residential Condominiums—595 condominium units and associated common a... More...   $0 (12-14-2012 - CA)

Appellant City of Houston appeals from the district court‟s denial of the City‟s motion for judgment and the entry of judgment reversing the City‟s order requiring appellees to vacate their property. In three issues, the City argues the district court erred in reversing the City‟s order to vacate and entering final judgment in favor of appellees because (1) the district court did not have ... More...   $0 (12-07-2012 - TX)

The Fairway Estates Association of Apartment Owners -- a

condominium association comprised entirely of persons owning their apartment

units by way of leasehold -- appeals from the trial court's determination that its

statutory lien for unpaid assessments attaches only to a member's leasehold

interest in that unit. The Association asserts that, because both the relev... More...   $0 (12-06-2012 - WA)

The Gensers appeal an order awarding attorney’s fees and costs in favor of the Reef Condominium Association, which prevailed o n its complaint that the Gensers violated condominium rules by enclosing a hallway vestibule in their condominium unit. We reverse, because the trial court did not calculate the full judgment due as well as the prejudgment interest. Interest from that judgment thereafter... More...   $0 (11-12-2012 - FL)

Wehr Construction, L.L.C. (Wehr) appeals from a judgment awarding damages for breach of contract to Williams Construction, Inc. (Williams). Wehr contends the trial court erred by: (1) finding Wehr’s termination of a purchase order was a breach of the agreement when Williams’ earlier noncompliance with the agreement’s terms was the first breach; and (2) awarding damages for lost profits and o... More...   $0 (11-09-2012 - MO)

Chino MHC, LP (the Owner) owns Lamplighter Chino Mobile Home Park in Chino. It applied to the City of Chino (the City) to convert the park to resident ownership. This is analogous to converting an apartment building into a condominium; it would mean subdividing the park into individual lots, which would be offered for sale to the residents. Resident ownership conversions are governed by Government... More...   $0 (10-31-2012 - CA)

At issue in this case is the right to control nine parking spaces

located in the courtyard at the main entrance of the Bellevue Pacific Tower

Condominium. The trial court properly granted partial summary judgment to

Bellevue Pacific Center Limited Partnership (LP), dismissing with prejudice the

counterclaims of the Bellevue Pacific Tower Condominium Owners A... More...   $0 (10-29-2012 - WA)

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an... More...   $0 (10-24-2012 - FL)