This appeal concerns the property division between a couple who had been in a relationship for 12 years but never married. The couple and their children resided in a home titled in the man’s name. After they separated, pursuant t o a domestic violence protective order, the man paid the mortgage while the woman lived in the home with the children. The man filed for custody of the children and the... More...   $0 (10-19-2012 - AK)

This appeal is from an order of the trial court resolving a dispute between PV Little Italy, LLC (PV Little Italy) and India Street Venture, LLC (India Street), over their respective rights in a mixed office and retail condominium development in downtown San Diego, known as MetroWork. India Street was the original owner and developer of MetroWork, the centerpiece of which is the retail space that ... More...   $0 (10-18-2012 - CA)

This case is before the Court on the Miami-Dade Property Appraiser’s (Property Appraiser) appeal of the Third District Court of Appeal’s decision in De La Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010).1 In Andonie, the Third District affirmed a circuit court’s grant of an ad valorem homestead tax exemption to David and Ana Andonie (the Taxpayers), and declared a portion of section 196.03... More...   $0 (10-04-2012 - FL)

Douglas Cornwell appeals and Brenda Cornwell cross-appeals the provisions of the decree dissolving their marriage. Doug asserts the district court erred in (1) failing to grant him more visitation with the children, (2) inadequately accounting for the assets he owned prior to the marriage in the division of property, and (3) awarding an excessive amount of alimony. Brenda cross-appeals contending ... More...   $0 (10-03-2012 - IA)

This unconventional premises liability case concerns injuries sustained by a social invitee as a result of the intentional and criminal acts of a third party. The plaintiff, Marisol Perez, administratrix of the estate of Hiram D. Colon, Jr., appeals from the judgment of the trial court, rendered after a jury trial, in favor of the defendant, Elizabeth Cumba. The plaintiff claims that the court imp... More...   $0 (10-02-2012 - CT)

¶ 1. SKOGLUND, J. This litigation stems from the construction of a 143-unit condominium complex known as the Long Trail House at Stratton Mountain, Vermont. Plaintiff Long Trail House Condominium Association appeals from the trial court’s order granting summary judgment to defendant general contractor Engelberth Construction, Inc. on its complaint. The Association argues that th... More...   $0 (09-28-2012 - VT)

This appeal centers on an easement for shared use of a commercial driveway over one parcel of land in Waterbury to access an adjacent parcel. The defendant Waterbury Realty, LLC,1 appeals from the judgment of the trial court, rendered in favor of the plaintiff, Chase & Chase, LLC. On appeal, the defendant claims that the trial court improperly found that (1) the plaintiff was entitled to a prescri... More...   $0 (09-24-2012 - CT)

This appeal arises out of a quiet title action, brought pursuant to General Statutes § 47-31, concerning the location of a boundary between two parcels of land in Woodstock. The defendant, Jonathan C. Audette, appeals from the judgment rendered in favor of the plaintiffs, Michael F. Chebro and Jeanne E. Curtin- Chebro, after a trial to the court. On appeal, the defendant claims (1) that the court... More...   $0 (09-24-2012 - ct)

The self-represented plaintiff, Georgina Spilke, appeals from the judgment of the trial court awarding her $30,003 against the defendant, her former husband, Kenneth Spilke, and $1 in nominal damages against the defendant Jennifer Ballard1 on her vexatious litigation claim. The defendants cross appeal from the judgment rendered against them. The vexatious litigation action stemmed from a motion fo... More...   $0 (09-24-2012 - CT)

Barbara Zurliene, age 74, sued Plaza North Condominium Owners Association and Terra Properties on a negligence theory claiming to have been injured as a result of a fall in the Defendants' parking lot on June 25, 2009.. She claimed that she caught her foot on a parking block and struck her head on the concrete, cutting her head across the forehead and which result in 28 stitches. She claimed that... More...   $13000 (09-22-2012 - IL)

The plaintiff, Nancy Daoud, appeals from the judgment of the trial court rendered against her, following a hearing on a motion brought by the defendant, Whitney M. Cook, to compel compliance with an arbitration award requiring the plaintiff to use reasonable commercial efforts to rent office space not being used by her. On appeal, the plaintiff claims that the court improperly: (1) determined that... More...   $0 (09-16-2012 - CT)

In 2005, the appellant/purchaser signed a detailed written contract to buy a residential condominium in a high-rise tower then under construction. After a pre2 closing walkthrough in January 2007, the purchaser asserted that the appellee/developer’s sales team had assured the purchaser that the condominium unit, once completed, would have an unobstructed view of the nearby marina. The as-built f... More...   $0 (09-14-2012 - FL)

The defendant, Daniel Young,1 the administrator of the estate of Karolina Young, appeals from a series of postjudgment orders of the trial court. The defendant claims that the court erred when it denied his ‘‘motion for order that [the] parties immediately list for sale the real estate subject of this action’’ and, instead, ordered the property sold to the plaintiff, Clifford Young, subjec... More...   $0 (08-27-2012 - CT)

The dispositive issue presented by this premises liability appeal is whether the Appellate Court correctly concluded that the plaintiff, Karen DiPietro, had established the existence of a genuine issue of material fact concerning the defendants’ actual or constructive knowledge of a dangerous condition.

The defendants, Farmington Sports Arena, LLC (Arena), Dimensional Technology Group, LL... More...   $0 (08-27-2012 - CT)

An owners association filed the instant construction defect action against a condominium developer, seeking recovery for damage to its property and damage to the separate interests of the condominium owners who compose its membership. In response, the developer filed a motion to compel arbitration, based on a clause in the recorded declaration of covenants, conditions, and restrictions providing t... More...   $0 (08-20-2012 - CA)

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e... More...   $0 (08-16-2012 - MA)

This action, removed from Massachusetts Superior Court, involves residential condominium units in a development along Boston's Battery Wharf. Plaintiff Kenneth Edlow appeals the 12(b)(6) dismissal of his suit against the developer RBW, LLC, in which he sought to rescind his purchase of a condominium unit, to recoup his deposits on a second unit, and to recover damages. Mr. Edlow also appeals the d... More...   $0 (08-14-2012 - MA)

The appellants, former unit owners at Ocean Beach Resort Condominium (“Condo”), seek to reverse the trial court’s order involuntarily dismissing, with prejudice, their claims against Citizens Property Insurance Corporation (“Citizens”) and vacating the order certifying the unit owners as a class, and to remand for a new trial. We review de novo the order dismissing the complaint with pre... More...   $0 (08-08-2012 - FL)

Carolynne Kieffer appeals a judgment in favor of Jennifer Icaza, Ramiro Icaza, and Dianne Icaza on Kieffer’s petition for breach of contract and property damage.1 The judgment is affirmed.

FACTS

In July 1998, Kieffer and the Icazas entered into a lease agreement for a residence to be used by Jennifer Icaza. On September 16, 2005, Kieffer filed a petition for breach of contract and ... More...   $0 (07-31-2012 - MO)

Marina Towers Condominium Association sued Edie and Joseph Mathers on breach of contract theories seeking to collect $32,235.83 in delinquent condo fees.

Defendants denied that they had been properly notified of the amount allegedly owed. ... More...   $39358 (07-28-2012 - IL)

¶ 1. SKOGLUND, J. Plaintiff Stephen J. Pcolar appeals from a Chittenden Superior Court verdict in favor of defendant Casella Waste Systems, Inc. Plaintiff filed suit alleging negligence in connection with an incident where the gripper arm of a garbage truck owned by Casella and operated by defendant Robert Smith struck plaintiff. The superior court charged the jury to compare the ... More...   $0 (07-27-2012 - VT)

General Star Indemnity Company (“General Star”) seeks certiorari review of an order overruling its objections to discovery of materials concerning its business practices and policies. We grant the petition and quash the order.

General Star issued a commercial property insurance policy to Atlantic Hospitality of Florida, LLC (“Atlantic”). Hurricane Charlie damaged Atlantic’s proper... More...   $0 (07-25-2012 - FL)

To encourage the settlement of civil cases, General Statutes § 52-192a1 imposes sanctions on litigants who reject reasonable settlement offers by authorizing a trial court to order the payment of interest on a judgment if the amount recovered by the plaintiff exceeds or is equal to an offer of compromise tendered by the plaintiff and rejected by the defendant. See, e.g., Branford v. Santa Barbara... More...   $0 (07-23-2012 - CT)

The mortgagor defendant, John Tornatore, 1 appeals from the judgment of the trial court denying his motion to open the default judgment of strict foreclosure in favor of the mortgagee plaintiff, Selene Finance, L.P. The defendant claims that the court improperly denied his motion to open and awarded attorney’s fees to the plaintiff. We affirm the judgment of the trial court.

The following... More...   $0 (07-23-2012 - CT)

Appellant Paul Goldstone Trust U.T.D. June 27, 2003 (Goldstone) appeals from a judgment entered on its petition for writ of administrative mandamus, in which it sought to overturn the decision of the Santa Cruz County Board of Supervisors denying its application to convert the Alimur Mobilehome Park (Alimur) from rental to condominium ownership. That petition was opposed in the trial court by resp... More...   $0 (07-17-2012 - CA)