¶ 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)

Gary R. Siegel and Cynthia A. Leahy-Fernandez challenge awards of attorney's fees made against them under section 57.105(1), Florida Statutes (2006). In the underlying action brought by Ms. Leahy-Fernandez, who was represented by Mr. Siegel, the circuit court ruled against Ms. Leahy-Fernandez on her claims. Because Ms. Leahy-Fernandez presented evidence at the final hearing that tended to prove th... More...   $0 (10-05-2011 - FL)

In 2004, appellants Stephen and Linda Pollman purchased a Savannah townhome built by appellee Swan Construction in a condominium complex owned and developed by appellee Forest River. Appellee Louise Swan was a principal in both corporations. Appellee Neighborhood Realty listed the condominum for sale and marketed it through appellees Rebecca Holcombe and Marie Harbuck. Fourteen months after closin... More...   $0 (10-03-2011 - GA)

Maruchi Rodriguez-Faro (“the homeowner”) appeals from an order denying her motion to vacate a final summary judgment entered in favor of M. Escarda Contractor, Inc. (“the contractor”). We reverse.

The homeowner’s husband signed an agreement for the contractor to renovate and remodel the couple’s condominium. The contractor began the work, and the homeowners made certain payments... More...   $0 (09-28-2011 - FL)

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two u... More...   $0 (09-27-2011 - MO)

Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two units of a duplex) located in Jackson County, Missouri, with street addresses of 106 and 108 SW D... More...   $0 (09-27-2011 - MO)

This appeal arises out of a dispute between Nine Island Avenue Condominium Association (Association) and unit owners of boat slips (slip owners) at Nine Island over who is responsible for the cost of reconstruction of the marina and boat slips, destroyed by Hurricane Irene in 1999. After the hurricane, the Association assessed each slip owner a proportionate share of the $701,050 reconstruction. S... More...   $0 (09-21-2011 - FL)

In this appeal, we consider whether certain provisions of the Virginia Property Owners' Association Act ("POAA"), Code §§ 55-508 through -516.2, restrict the declarant of a recorded declaration creating a property owners' association from unilaterally amending that declaration under its express term providing for such authority. The issue, which presents a purely legal question of statutory cons... More...   $0 (09-16-2011 - VA)

After appellant Jerry Bailey (Bailey) suffered an eye injury when a bottle of Cook‟s Champagne exploded as he was erecting a sales display in one of respondent Safeway, Inc.‟s (Safeway) stores, Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. (Saint-Gobain), for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway und... More...   $0 (09-15-2011 - CA)

Heritage Communities, Inc. (HCI), Heritage Riverwalk, Inc. (HRI), and BuildStar Corporation (collectively, Appellants) appeal the jury's verdicts in these consolidated construction defect actions. We affirm.

FACTS

Construction on Riverwalk Development (Riverwalk), a condominium complex in Horry County, began in June 1997 and was completed in December 1999. Riverwalk included 228 un... More...   $0 (09-14-2011 - SC)

COX, Circuit Judge: Several purchasers of condominium units sued developer Harborage Cottages- Stuart, LLLP (“Harborage”), alleging that Harborage violated the Interstate Land Sales Full Disclosure Act (“ILSFDA”), 15 U.S.C. § 1701, et seq., and several Florida statutes. The district court granted summary judgment in favor of the purchasers. Central to this appeal is the court’s conclusi... More...   $0 (09-07-2011 - FL)

This appeal involves a contract dispute between Bart Enterprises International, Ltd., and Walter Mercado Salinas. The contract describes Bart Enterprises as being “in the business of producing and distributing entertainment programming,” and it describes Mercado as “a well-known psychic and astrologer who provides psychic and astrological counseling to the public.” It may be true, as the s... More...   $0 (08-23-2011 - FL)

In MacKinnon v. Truck Ins. Exchange (2003) 31 Cal.4th 635 (MacKinnon), our Supreme Court determined that the standard pollution exclusion clause in a comprehensive general liability (CGL) policy was intended to exclude coverage for injuries resulting from events commonly regarded as environmental pollution. The court therefore rejected a broader, literal interpretation of the clause that would for... More...   $0 (08-17-2011 - CA)

William Charles Bundren See Footnote 1 and Karen P. Bundren (collectively the Bundrens), doing business as C&K Residential Properties (C&K), New Hope Foundation (New Hope), See Footnote 2 and Hope Hill Investments, Inc. (Hope Hill) appeal the trial court's judgment awarding Holly Oaks Townhomes Association, Inc. (Holly Oaks) $24,324 in damages and $73,000 for attorney's fees for trial and ap... More...   $0 (08-11-2011 - TX)

O P I N I O N

A little more than fifty years ago, the Porretto family began acquiring tracts of beachfront property on Galveston Island, gulfward of the seawall. The family eventually came to own the strip of property along the shoreline between 6th and 27th Streets. They turned the property between 6th and 10th Streets into Porretto Beach and provided paid parking and concessions for bea... More...   $0 (08-04-2011 - TX)

Coral Way Condominium Investments, Inc., appeals from a final judgment of foreclosure entered in favor of 21/22 Condominium Association, Inc. For the following reasons, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

21/22 Condominium Association, Inc. (the “Association”) is a Florida commercial condominium association created to operate the 21/22 Condominium (the “Condominium”)... More...   $0 (08-03-2011 - FL)

In this case, we must revisit contracts with “non-waiver” clauses and determine whether and how a party to such a contract can waive its requirements and conditions. Respondent, the owner of a large, mixed-use development near Annapolis, Maryland, agreed to sell a portion of the property to Petitioner, a developer, for the construction of a residential tower. The contract required certain cond... More...   $0 (07-20-2011 - MD)

Seville Place is a residential condominium consisting of forty-five duplexes (for a total of ninety condominium units) in Miami Lakes, Florida. On October 24, 2005, Hurricane Wilma caused substantial windstorm damage at Seville Place, particularly to the forty-five roofs over the units.

The Association had obtained and paid for a State Farm condominium association insurance policy that was ... More...   $0 (07-20-2011 - FL)

timely appeals the final judgment entered in favor of Winter Park Condominium Limited Partnership (WPC). This matter arises out of a contract for purchase and sale of a residential condominium in Winter Park, Florida. On appeal, Lowe, the buyer, contends the court erred in entering a judgment against him, which permitted WPC, the seller, to retain a substantial portion of his deposit. We agree wit... More...   $0 (07-15-2011 - FL)

Sandra Cross (Cross) leased a house to Stephen and Laura Cooper. As the lease was about to expire, Cross put the house up for sale and entered a contract of sale with prospective buyers. After the prospective buyers backed out, Cross sued the Coopers for interfering with the sale and causing it to fail. In her complaint, Cross asserted several claims based, in part, on allegations that the Coopers... More...   $0 (07-11-2011 - CA)

In January 2009, appellee Fred B. Blackwell, the trustee of a testamentary trust that is a beneficiary of the last will and testament of the late Edgar Hollis of Coweta County, filed this action in which he sought an accounting, the removal of appellant Mayo H. Royal, Jr., as executor of the estate, and damages resulting from Royal’s purported breach of his fiduciary duty.1 Following the executo... More...   $0 (07-05-2011 - GA)

Beata Popek appeals the trial court’s final divorce decree on numerous grounds. We reverse and remand in part and affirm as modified in part.

Background

Beata and John Popek married on June 27, 1991 in Illinois. The couple had a troubled marriage; Beata suffered from depression and John had alcohol problems. John entered an alcohol rehabilitation program in 2002. At that time,... More...   $0 (06-30-2011 - TX)

Ines Orta appeals from a final judgment of dissolution of marriage denying her petition to relocate to California with the parties’ minor child. For the following reasons, we reverse.

The parties were married on October 9, 2002, in Caracas, Venezuela. The petitioner husband, Michael Suarez, then fifty-three years old, is a Florida resident and self-employed consulting engineer. The respon... More...   $0 (06-29-2011 - FL)

Plaintiff Yan Sui appeals from the judgment dismissing with prejudice his action against defendants Stephen D. Price and 2176 Pacific Homeowners Association after the court sustained without leave to amend defendants‟ demurrer to plaintiff‟s complaint. The court ruled the complaint did not state facts sufficient to constitute a cause of action and could not be fixed. We affirm.

FACTSMore...   $0 (06-20-2011 - CA)

The Texas Residential Property Owners Protection Act, codified in chapter 209 of the property code, "does not apply to a condominium development governed by Chapter 82" of the property code, the Uniform Condominium Act. Tex. Prop. Code Ann. § 209.003(d) (West Supp. 2010); see id. § 82.001 (West 2007). Both acts create a right of redemption on the part of an owner in the event that an owners' ass... More...   $0 (06-17-2011 - TX)