Appellants Long Green Valley (“LGVA”) and John and Susan Yoder (“the Yoders”) appeal the issuance of a declaratory judgment by the Circuit Court for Baltimore County in favor of appellees: Bellevale Farms, Inc., Bellevale Farms Limited Partnership, Prigel Family Creamery, Inc., and Robert E. and Carol A. Prigel (collectively, “Bellevale”), and the Maryland Agricultural Land Preservatio... More...   $0 (02-14-2012 - MD)

In this case involving a contract dispute surrounding the purchase of a condominium unit, plaintiffs-appellants Stephen and Rebecca Veneklase (“the Veneklases”) appeal the district court’s order denying their motion for summary judgment, dismissing their state law claims without prejudice, and awarding defendant-appellee Bridgewater Condos, L.C. (“Bridgewater”) their cash deposit. The Ve... More...   $0 (02-07-2012 - MI)

Paul Lewow unsuccessfully appeals from a $292, 205.50 attorney fees order in favor of Surfside III Condominium Owners' Association. (Association). He contends that Association's motion for attorney fees was not timely filed. While the trial court's articulated rationale concerning a bankruptcy stay was erroneous, it reached the correct result. The trial court's use of an unsound course of reasonin... More...   $0 (02-02-2012 - CA)

This appeal concerns the Covington Oaks Condominiums, a four-phase residential development in Bexar County, Texas. Phases I, II, and III are under the governance of the Covington Oaks Condominium Owners Association, known as “COHOA.” For many years, COHOA has been in litigation with the owners of Phase IV regarding whether the entrance and private road used by the residents of Phases I, II, ... More...   $0 (02-02-2012 - TX)

Appellant, Michael Johnson, appeals from the trial court’s granting summary judgment on his claims against Lisa Coppel, independent administrator of the estate of Joan Counts. In five issues, Michael claims the trial court erred by granting Lisa’s hybrid motion for summary judgment based on Michael’s (1) lack of standing; (2) suit to quiet title; (3) suit to set aside the 1997 deed of trust... More...   $0 (02-02-2012 - TX)

This appeal is a sequel to our decision in Aronson v. Aronson, 930 So. 2d 766 (Fla. 3d DCA 2006) (Aronson I), in which we held that a husband’s quitclaim in his individual capacity of a marital residence to his wife was a nullity because he previously had conveyed title to the property to a revocable trust. Id. at 769. We now decide whether the law permits the deceased husband’s plan for the d... More...   $0 (02-01-2012 - FL)

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de... More...   $0 (01-20-2012 - MD)

The Neitlichs appeal the order awarding the condominium association attorney’s fees as the prevailing party. We affirm in all respects but one. We agree with the Neitlichs that it was error to award fees to attorney Perez-Martinez. Perez-Martinez failed to testify at the hearing and is therefore precluded from a n award of attorney’s fees. See Quality Holdings of Fla., Inc. v. Selective Invs.,... More...   $0 (01-18-2012 - FL)

Ava G. Byrne (“Ava”) appeals from a final judgment of dissolution of marriage and order denying her post-trial motions. Daniel R. Byrne (“Dan”) crossappeals. Both parties challenge specific aspects of the trial court’s equitable distribution and award of permanent alimony. We reverse and remand for proceedings consistent with this opinion.

EQUITABLE DISTRIBUTION

The trial c... More...   $0 (01-18-2012 - FL)

Appellants, Kent Whiteman and Whitehorse Properties, LLC, (collectively referred to herein as “Whiteman”), bring a second appeal of this case before this Court. In the original trial, Respondent, Damian Farrell, sued Whiteman for uncompensated architect services rendered for Whiteman’s West View Condominium project from 2003 to 2004. Whiteman counterclaimed arguing that Farrell was not entit... More...   $0 (01-10-2012 - ID)

The defendant, Richard Cottrell, appeals from the judgment of the trial court dissolving his marriage to the plaintiff, Georgia Cottrell. The defendant claims that the court improperly (1) found that the marital estate included four properties that the parties did not own at the time of the dissolution and (2) determined that he fraudulently conveyed his interest in several properties that otherwi... More...   $0 (01-09-2012 - CT)

Sommai J. Breazeale appeals a final judgment which requires appellant to pay damages to GDC View, LLC, appellee, for breach of a contract to purchase a condominium. For the reasons that follow, we affirm.

In October 2004, Breazeale entered into a contract to purchase a condominium unit in the Grand Dunes II, a condominium development in Walton County. Construction had not yet begun on the c... More...   $0 (01-06-2012 - FL)

In this case we consider an appeal from a final circuit court judgment validating revenue bonds proposed to be issued by Okaloosa County to finance a beach restoration project. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. For the reasons discussed below, we affirm.

I. BACKGROUND

Okaloosa County (County) developed a plan for beach restoration and renourishment in part of ... More...   $0 (01-05-2012 - FL)

In this case, condominium owners challenge a summary judgment in favor of a condominium owners’ association in a suit to collect allegedly past-due assessments as well as attorney’s fees and costs. We conclude that the trial court erred in awarding the association certain fees and costs. Accordingly, we modify the trial court’s judgment to delete these fees and costs and affirm the judgment ... More...   $0 (01-05-2012 - TX)

Appellants/plaintiffs Fadia Daneri, Paola Dickinson, Paola Daneri, Consuelo Dickinson, and Jaime Dickinson (collectively, “Daneri”) appeal the trial court’s Final Summary Judgment in favor of appellee BCRE Brickell, LLC with regard to count III.1 We reverse because there are issues of fact that affect whether BCRE adhered to section 718.202, Florida Statutes (2008). The record suggests BCRE ... More...   $0 (01-04-2012 - FL)

The plaintiff, Eloise Marinos, individually and as administratrix of the estate of Steven F. Meo (Meo),1 appeals from the judgment of the trial court rendered following the granting of the motions for summary judgment in favor of the defendants, David M. Poirot and Gordon S. Johnson, Jr. On appeal, the plaintiff claims that the trial court improperly granted the motions for summary judgment on the... More...   $0 (12-27-2011 - CT)

In this interlocutory appeal, appellant Charles Durivage, P.E. challenges the trial court‘s denial of his motion to dismiss the claims brought by appellee, La Alhambra Condominium Association (―La Alhambra‖). By three issues, Durivage argues that the trial court abused its discretion by concluding that the affidavit filed by La Alhambra was sufficient to serve as a certificate of merit for p... More...   $0 (12-22-2011 - TX)

Florida Insurance Guaranty Association (“FIGA”) appeals from a final judgment confirming an appraisal award arising out of an insurance policy between FIGA a n d Somerset Homeowners Association, Inc. (“Somerset”). FIGA raises a number of issues on appeal. FIGA argues, among other things, that the trial court erred by awarding Somerset replacement cost value (“RCV”) benefits. We agree a... More...   $0 (12-21-2011 - FL)

In this action to foreclose a statutory lien, the defendant, Frederick L. Anderson, appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Congress Street Condominium Association, Inc., as to liability only, based on the nonpayment of common charges and fines.1 On appeal, the defendant claims that the court improperly granted the plaintiff’s motion for summary j... More...   $0 (12-20-2011 - CT)

Appellant and Cross-Appellee EOG Resources, Inc. appeals from an adverse judgment in favor of Appellee and Cross-Appellant James R. Hurt, Jr. Hurt appeals a postverdict ruling by the trial court. As to EOG’s appeal, we will reverse and render. As to Hurt’s appeal, we will affirm.

II. Factual and Procedural Background

EOG is an oil and gas exploration and develop... More...   $0 (12-15-2011 - TX)

Appellant Merrill Pierre appeals the trial court‘s judgment entered in favor of appellees Keith Ollivierre, Marilyn Ollivierre, and Susan Ollivierre on Pierre‘s breach of contract claim for the sale of property and the Ollivierres‘ counterclaims and attorney‘s fees. We affirm, in part, and reverse and render, in part.

BACKGROUND

Keith Ollivierre and Marilyn Ollivierre own... More...   $0 (12-15-2011 - TX)

Plaintiffs are owners of condominium units that are designated “Below Market Rate” (BMR units), and thus subject to restrictions imposed by the Below Market Rate Condominium Conversion Program (BMR Program) created by the City and County of San Francisco (the City), under authority of the state Subdivision Map Act (Gov. Code,

§§ 66410 et seq.) (SMA).1 Plaintiffs filed this lawsuit aga... More...   $0 (12-15-2011 - CA)

A co-tenant of a condominium unit sued the other co-tenant for ouster from the unit. After the trial court denied a motion for directed verdict, a jury found that the co-tenant had been ousted from the unit and awarded $21,000 in damages. The trial court, however, granted a motion for judgment notwithstanding the verdict, finding that there was no evidence of any communication, by the co-tenant in... More...   $0 (12-14-2011 - FL)

Utica Place, LLC, Utica Place Condominium Association and Rachel W. Zebrowski sued Cowen Construction IV, Inc. on fraud, breach of contract and breach of fiduciary duty theories.

Cowen counterclaimed on breach of contract, fraud, tortious interference with business relations, negligent misrepresenation, and unjust enrichment theories. Cowen also sought to foreclose a construction lien plac... More...   $1351000 (12-09-2011 - OK)

Appellant Sylvia Brazle appeals from a judgment finding probable cause to tow her vehicle. In four issues, appellant contends (1) the sole purpose of the tenant requirement to register a vehicle is to aid in determining if a vehicle on the property is abandoned or owned by a tenant, (2) the vehicle was towed contrary to signs at the entrance to the parking area, (3) appellant is a victim of trespa... More...   $0 (12-08-2011 - TX)