State Farm Florida Insurance Company (“State Farm”) appeals from a Final Judgment Pursuant to Appraisal Award, entered in favor of its insureds, Carlos and Margarita Gonzalez (“the Insureds”), and from the denial of rehearing. We reverse the order under review, but remand to allow the Insureds to file a complaint seeking relief consistent with this opinion.

The Insureds’ home was ... More...   $0 (12-07-2011 - FL)

Metro-Dade Investments, Co. (Metro-Dade), and Santa Barbara Landings Property Owner's Association, Inc. (Santa Barbara), appeal a nonfinal order denying the appointment of a receiver. Because the trial court erred as a matter of law by concluding that it did not have the authority to appoint a receiver in this case, we reverse and remand for further proceedings.

I. The Factual and Procedura... More...   $0 (11-23-2011 - FL)

KJB Village Property, LLC, and Siam Bagel, Inc. (collectively “Appellants”), appeal from an Order Granting Motion for Entry of Final Judgment and Final Judgment in Favor of Defendants Craig M. Dorne P.A. and Craig M. Dorne, Esq. (collectively “Dorne”). For the following reasons, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

Jerome Berman (“Berman”) purchased Siam Bagel... More...   $0 (11-23-2011 - FL)

We granted certiorari to determine whether the Court of Appeals erred when it reversed the trial court’s grant of judgment on the pleadings on Purchasers’ claims for fraud, negligent misrepresentation, negligent supervision, and violation of the Georgia Fair Business Practices Act (“FBPA”). We now hold that the trial court properly granted judgment on the pleadings, and, therefore, we reve... More...   $0 (11-21-2011 - GA)

This is an appeal brought by Stephanie Cassidy (Stephanie), in her capacity as the personal representative of the Estate of Ray Cassidy (Ray), from a judgment issued by the probate division of the Circuit Court of Crawford County, Missouri.1 The trial court entered a declaratory judgment determining that a written antenuptial agreement (Agreement) between Ray and his wife, Carolyn Cassidy (Carolyn... More...   $0 (11-21-2011 - MO)

[¶1] Karen A. Laqualia appeals from the District Court’s (Bangor, Dobson, J.)1 divorce judgment ending her marriage to John A. Laqualia. She challenges the trial court’s failure to award her attorney fees and its valuation and distribution of certain marital and nonmarital assets. Karen also appeals from the District Court’s (Bangor, Jordan, J.) refusal to consider her post-judgment motion ... More...   $0 (11-17-2011 - ME)

The Architectural Control Committee of Oak Terrace Estates appeals a take-nothing judgment in favor of Ronald D. McCormick and Jeraldine Pollard McCormick. The Committee challenges the legal and factual sufficiency of the evidence supporting the jury‟s finding that deed restrictions have been abandoned. The Committee also asserts that the trial court erred in overruling the Committee‟s motion ... More...   $0 (11-17-2011 - TX)

Appellants Bever Properties, L.L.C. and Jesse M. Taylor, D.D.S., P.A. appeal the summary judgments granted appellees Jerry Huffman Custom Builder, L.L.C., a/k/a Jerry Huffman Custom Builders, L.L.C.; Plano Parkway Office Condominiums, a/k/a Plano Parkway Office Owners Association; Dr. Mary Ellen Kirwan, d/b/a Kirwan Chiropractic; and Dr. JoJo Cheung, D.D.S., d/b/a Esthetic Image Dentistry, and th... More...   $0 (11-16-2011 - TX)

A party contemplating litigation to enforce the covenants, conditions, and restrictions (CC&Rs) of a condominium project should get the "ducks in a row." That is to say, such party should be ready to go forward procedurally and prove its case substantively. Failure to do so subjects the losing party to an award of attorney fees. Here, a condominium owner, Susan J. Salehi, filed such a suit in prop... More...   $0 (11-14-2011 - CA)

¶ 1 Plaintiffs Andrew Faville and William Faville filed an amended complaint for declaratory
and injunctive relief against defendant Martin Burns in the circuit court, alleging plaintiffs
should be deemed descendants of Barbara Burns Faville for purposes of determining their
rights under the terms of a trust agreement. Plaintiffs also requested the circuit court remove
defendant a... More...   $0 (11-10-2011 - IL)

Elena Markovsky appeals the trial court’s final judgment ordering she take nothing on her claims against Kirby Tower, LP, and awarding Kirby Tower $300,000.00 in earnest money Markovsky had placed in escrow for the purchase of a condominium unit. Markovsky sued Kirby Tower for breach of contract, seeking the return of the earnest money. The jury found that Kirby Tower had breached the contract... More...   $0 (11-10-2011 - TX)

The ripeness doctrine ensures that regulatory takings claims are not

litigated before they are fully developed at the local level. Because land use decisions involve a

great deal of government discretion, courts must be careful not to weigh in on a dispute until the

government has had an opportunity to render a final decision regarding the use of the land in

quest... More...   $0 (11-08-2011 - WA)

¶ 1 Plaintiff Jeung-Hee Park appeals the dismissal of her fifth amended complaint against
defendants Northeast Illinois Regional Commuter Railroad Corporation (Metra) and Soo Line
Railroad Company, doing business as Canadian Pacific Railway (Canadian Pacific). We affirm.
¶ 2 Plaintiff brought this negligence action on behalf of her son, Hiroyuki Joho (Hiroyuki),
who was struck an... More...   $0 (11-04-2011 - IL)

In this case we consider whether the trial court erred in directing a verdict against the plaintiff, Jane Westervelt (“Westervelt”), as to her negligence claims against Thyssenkrupp Elevator Corporation (“Thyssenkrupp”) and Toscana North Condominium Association, Inc. (“Toscana”). Westervelt appeals the directed verdict in favor of Thyssenkrupp and Toscana. Because Westervelt presented ... More...   $0 (11-04-2011 - FL)

Defendants and appellants Martin and Carolyn Griffin appeal from a judgment following a jury verdict in favor of plaintiff and respondent Tesoro del Valle Master Homeowners Association (Tesoro) on its claims that appellants installed a solar energy system at their residence in contravention of conditions, covenants and restrictions governing their property. Unmindful of applicable standards of rev... More...   $0 (11-01-2011 - CA)

The plaintiff, Twin Oaks Condominium Association, Inc., appeals from the judgment of the trial court in favor of the defendant Rodvald E. Jones1 on his negligence counterclaim. The plaintiff claims that the court improperly (1) concluded that the plaintiff was negligent and (2) calculated the amount of damages. We affirm the judgment of the trial court. The court found the following facts. The pla... More...   $0 (10-31-2011 - CT)

¶ 1 The defendant, a Chicago residential condominium association, appeals from a
summary judgment order in favor of the plaintiffs, the owners of two corner condominium units
at the end of a common element hallway, based on the circuit court’s finding that the plaintiffs
were statutorily entitled to incorporate about eight feet of the hallway into their units as a private
foyer ... More...   $0 (10-28-2011 - IL)

David Biersmith ("Biersmith") appeals from the trial court's judgment granting summary judgment in favor of Curry Association Management, Inc., ("Curry") on Biersmith's claim of negligent infliction of emotional distress. Biersmith acknowledges that the trial court entered judgment in accordance with Missouri law. However, Biersmith claims that Missouri law is contrary to an evolving trend in othe... More...   $0 (10-25-2011 - MO)

The defendant Jurgita Karobkaite1 appeals2 from the judgment of the trial court, following a remand from the Appellate Court; see American Diamond Exchange, Inc. v. Alpert, 101 Conn. App. 83, 920 A.2d 357, cert. denied, 284 Conn. 901, 931 A.2d 261 (2007); for a recalculation of damages based on the existing record. On remand, the trial court awarded $103,355.68 in damages to the plaintiff, America... More...   $0 (10-21-2011 - CT)

Courts deciding whether to certify that a lawsuit qualifies for a class action must determine which obstacles create insuperable barriers to class relief and which do not. This can be a daunting task, but not here.

Plaintiffs Frank Marler, Sandra Marler and the Hollywood Beach Acquisition Association, Inc. (HBAA) (plaintiffs) filed a class action complaint on behalf of the Hollywood Beach M... More...   $0 (10-19-2011 - CA)

¶ 1. Plaintiff wife appeals the family court’s final judgment order in this divorce proceeding. Wife makes the following three arguments on appeal: (1) the family court abused its discretion by granting husband’s motion in limine excluding evidence of any revocable trusts or wills under which he may be a beneficiary; (2) the family court abused its discretion when it refused to i... More...   $0 (10-14-2011 - VT)

¶ 1. Plaintiff wife appeals the family court’s final judgment order in this divorce proceeding. Wife makes the following three arguments on appeal: (1) the family court abused its discretion by granting husband’s motion in limine excluding evidence of any revocable trusts or wills under which he may be a beneficiary; (2) the family court abused its discretion when it refused to i... More...   $0 (10-14-2011 - VT)

TRG-Brickell Point, NE Ltd., (“TRG”), appeals from a final order granting summary judgment in favor of Mariano Gravante (“Gravante”). We reverse as the summary judgment was based on an incorrect interpretation of the law.

On May 16, 2005, the parties entered into a purchase and sale agreement for a condominium unit. Pursuant to the purchase and sale agreement, TRG agreed to substant... More...   $0 (10-14-2011 - FL)

¶ 1. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We reverse and remand... More...   $0 (10-07-2011 - VT)

¶ 1. SKOGLUND, J. Father appeals the family court’s denial of his motion to reinstate parent-child contact following a voluntary suspension of such contact due to an allegation of child sexual abuse. We hold that the court’s finding of sexual abuse by a preponderance of the evidence was insufficient to support an order effectively terminating father’s parental rights. We rev... More...   $0 (10-07-2011 - VT)