Condominium Law
 
Quoc C. Trinh d/b/a Smart Toys v. Adolph Campero

Appellant, Quoc C. Trinh, individually and d/b/a Smart Toys (Trinh), appeals the granting of a summary judgment in favor of Appellee, Adolph Campero, individually and Campero & Becerra, P.C., (Campero). We affirm.

FACTUAL & PROCEDURAL BACKGROUND

Campero is an attorney who represented Trinh in a commercial transaction suit. Judgment in the commercial transaction suit was entered again... More...
   $0 (07-13-2012 - TX)

Cynthia J. Simonson v. Palm Beach Hotel Condominium Association, Inc.

A homeowner appeals an order denying her Objections to Judicial Sale and Motion to Set Aside Judicial Sale. She argues the trial court erred in denying her motion because no pre-sale publication notice was made, pursuant to section 45.031, Florida Statutes (2011). We agree and reverse.

After entering a judgment of foreclosure for $66,314.12, the trial court set the date of the foreclosure s... More...
   $0 (07-11-2012 - FL)

Dr. Tim Ioannides v. Dr. Richard A. Romagosa

Dr. Tim Ioannides appeals a final judgment entered in favor of Dr. Ricardo Romagosa after a jury found him liable for both breach of contract and fraudulent inducement. He argues that the trial court erred in denying his motion for summary judgment o n th e fraudulent inducement claim because any alleged fraudulent oral representations that he made to Dr. Romagosa regarding his earnings were adequ... More...   $0 (07-11-2012 - FL)

Coach Run Condominium, Inc. v. Deborah Furniss

The principal issue in this case is whether a condominium association has the right to enforce a statutory lien for unpaid common charges provided for by the Common Interest Ownership Act (act), General Statutes § 47-200 et seq., even if the association has substantially failed to perform its maintenance obligations to the defaulting condominium owner. The defendant owner appeals from the judgmen... More...   $0 (07-10-2012 - CT)

Kings Ridge Community Association, Inc. v. Sagamore Insurance Company

Kings Ridge Community Association, Inc. (“the Association”), appeals a final summary judgment in favor of its insurer, Sagamore Insurance Company. The trial court concluded that the Association's damaged clubhouse was not in a state of "collapse," as that term is defined by the insurance policy issued by Sagamore, and thus the loss was not covered. We respectfully disagree and accordingly reve... More...   $0 (07-06-2012 - FL)

Heron At Destin West Beach & Bay Resort Condominium Association, Inc. v. Osprey at Destin West Beach and Bay Resort Condominium Association, Inc.

Appellant, Heron at Destin West Beach and Bay Resort Condominium Association, Inc. (Heron), challenges a final summary judgment that found the election of officers of a master condominium association must be based on a simple majority of the board of directors rather than the weighted voting procedure specified in the master condominium declaration. We determine that chapter 718, Florida Statutes,... More...   $0 (07-06-2012 - FL)

Jeffrey H. Atwater v. Frederick W. Kortum

This case concerns a statutory regulation affecting public insurance adjusters, who are authorized to assist insureds and thirty-party claimants in the filing and settlement of insurance claims. We have on appeal Kortum v. Sink, 54 So. 3d 1012 (Fla. 1st DCA 2010), in which the First District Court of Appeal declared invalid section 626.854(6), Florida Statutes (2008), a provision regulating solici... More...   $0 (07-05-2012 - FL)

Robert Riley v. Kristina Young Riley

Robert Riley petitioned for divorce from Kristina Young Riley, alleging the existence of an informal marriage. The trial court signed a final summary judgment in Kristina’s favor, ruling that Robert adduced no evidence that the couple represented to others they were married. Robert contends the trial court erred because there is some evidence that the couple represented to others they were marri... More...   $0 (07-03-2012 - TX)

Nazareth Hall Nursing Center v. Esperanza Melendez

Nazareth Hall Nursing Center appeals the trial court’s order denying its motion to compel arbitration. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Nazareth Hall employed Esperanza Melendez from May 1990 until July 2009. In 2006, Melendez received an employee handbook and signed the “Employee Acknowledgment and Arbitration Agreement” (the agreement) attached to the handbo... More...
   $0 (06-28-2012 - TX)

Estate of Lawrence Brown, Deceased

This is an appeal from the probate court’s order granting summary judgment in a dispute relating to the ownership of account funds interpleaded into the court registry. After considering competing motions for summary judgment, the trial court ordered the funds paid to Alberto Villafuerte, Independent Executor for the Estate of Lawrence Brown. Leonard Mark Williams appeals the probate court’s j... More...   $0 (06-27-2012 - TX)

Richard Hackett v. Grand Seas Resort Owner's Association, Inc.

The sole issue in this appeal is whether the trial court erred in granting a final summary judgment in favor of Grand Seas Resort Owner's Association, Inc. ("Grand Seas") in a negligence action brought by one of the time-share owners at the resort, Richard Hackett. The summary judgment was based on a "release" (actually an exculpatory clause), executed by Mr. Hackett when he began use of a unit wi... More...   $0 (06-22-2012 - FL)

Chana Horowitz v. Francisc Berger

In this interlocutory appeal, Chana Horowitz challenges the trial court’s denial of her special appearance. We reverse and remand with instructions to the trial court to dismiss Horowitz from the suit for lack of personal jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

Chana Horowitz is an Israeli citizen residing in Israel, where she worked as an independent contractor for the ... More...
   $0 (06-21-2012 - TX)

Juan Him v. Firstbank Florida

Juan Him (defendant) appeals the trial court’s order denying his motion to quash service of process.1 Determining that Firstbank Florida failed to properly obtain service of process on the defendant, we reverse.

A specific power of attorney was executed by the defendant, appointing Jorge Gurian to act on the defendant’s behalf in the purchase of a condominium. Gurian used the power of a... More...
   $0 (06-15-2012 - FL)

Carmen A. Tate v. Scott R. Tate

Carmen A. Tate (the Wife) appeals the final judgment that dissolved her marriage to Scott R. Tate (the Husband). The Wife raises four issues. She challenges the financial arrangements regarding the parties' beach condominium unit, various provisions of the equitable distribution scheme, the trial court's omission to address the prepaid college funds established for the parties' three minor childre... More...   $0 (06-15-2012 - FL)

Peter Chovan v. Iveta Chovan

The former husband appeals a final judgment of dissolution. He argues the final judgment fails to accurately reflect a settlement agreement reached between the parties and pronounced on the record. Specifically, he argues error in the trial court’s failure to impute income to the former wife in determining alimony and child support, in the distribution of proceeds from the sale of the former mar... More...   $0 (06-13-2012 - FL)

Sun Harbor Homeowners' Association, Inc. v. Vincent Bonura

Sun Harbor Homeowners’ Association, Inc. (“Sun Harbor”) appeals a final judgment in favor of Vincent Bonura. We reverse. Sun Harbor is a townhouse community, which has a “n o dogs allowed” policy. Bonura owns a Sun Harbor townhouse where he resides with his fiancée, Natalie Vidoni, and her dog. The underlying litigation was instituted when Sun Harbor filed a two-count complaint against ... More...   $0 (06-13-2012 - FL)

Robert W. Felland v. Patrick Clifton

While vacationing in Arizona, Robert and Linda Felland entered into a contract to purchase a condominium unit in a planned beachfront development in Puerto Peñasco, Mexico. The project was managed by a real-estate development firm owned by Patrick Clifton, an Arizona resident. Robert Felland signed an agreement that required the couple to make a down payment in three installments. After making th... More...   $0 (06-07-2012 - WI)

Maple Park Terrace v. Nick Papadelis

{¶1} Defendant-appellant Nick Papadelis (“defendant”) appeals the court’s granting judgment in favor of plaintiff-appellee Maple Park Terrace Condo Association (“Maple Park”) in this action to collect condominium maintenance fees and associated costs. After reviewing the facts of the case and pertinent law, we affirm.

{¶2} Defendant owns a condominium unit at Maple Park and is r... More...
   $0 (05-23-2012 - OH)

Fardad Aduli v. Valerie Aduli

In this divorce appeal, Fardad Aduli argues that the trial court erred in denying his special appearance and abused its discretion in permitting his counsel to withdraw on the day of trial; denying his motions for a continuance and a new trial on the basis that he had been forced to leave the country; and adopting his wife’s proposed division of the marital estate without sufficient evidence. We... More...   $0 (05-17-2012 - TX)

Heron Point Condominium Unit Owner's Association v. E.R. Miller, Ltd.

{¶1} Appellant, Heron Point Condominium Unit Owner’s Association, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms. I. {¶2} Appellant is the Heron Point Condominium Unit Owner’s Association (“Heron Point”). Appellees E.R. Miller, Ltd. and Elton Miller were involved in the development of Heron Point Condominiums in the Village of Lakemore, Ohio. Mr.... More...   $0 (05-16-2012 - OH)

The Waverly at Los Olas Condominium Association, Inc. v. Waverly Las Olas, LLC

Having affirmed the underlying final judgment in the substantive appeal, we now review the trial court’s award of attorney’s fees in a dispute over parking spaces. The condominium association appeals an attorney’s fees award, having lost the dispute with the developer. It argues the trial court erred in the amount of fees awarded, but does not dispute entitlement. We affirm.

After a t... More...
   $0 (05-16-2012 - FL)

Gregory Lasky v. Moorestown Township

Plaintiff Gregory Lasky, a paraplegic, filed suit against defendant Moorestown Township, alleging that defendant discriminated against him by not providing him access to Strawbridge Lake Park (park), in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101-

12213 (1990), and the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. A jury ... More...
   $0 (05-11-2012 - NJ)

Vernon Goodsell v. Eagle-Air Estates Homeowners Association

1 HASELTON, C. J.
In the latest installment of long-running serial litigation,1 2 plaintiffs appeal
3 from the dismissal of this action seeking judicial removal, pursuant to ORS 65.327(1), of
4 the defendant individual directors of a homeowners association, and defendants cross5
appeal from the trial court's denial of their request for attorney fees. In moving to dismiss
6 unde... More...
   $0 (05-09-2012 - OR)

Tony Cantu v. Jack Seeman

After a jury trial in this dispute between neighbors in a condominium complex, the trial court granted a take nothing judgment for one neighbor and reduced the damages awarded to the other. Both neighbors appeal. We affirm.

BACKGROUND

On March 9, 2007, Tony Cantu filed suit in County Court against his neighbor, Jack Seeman, alleging intentional infliction of emotional dis... More...
   $0 (05-04-2012 - TX)

Wyndham Vacation Resorts, Inc. v. Ocean Walk Resort Condominium Association, Inc.

Wyndham Vacation Resorts, Inc., and Wyndham Vacation Management, Inc. (collectively "Wyndham") seek a writ of certiorari to quash the trial court's discovery order requiring them to produce unredacted employee W-2 forms, which display personal addresses, phone numbers, and social security numbers, as well as other documents containing the personal information of unit holders, revealing bank accoun... More...   $0 (05-02-2012 - FL)

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