We are called upon to decide whether the City of Honolulu violated the Contracts Clause of the United States Constitution when it repudiated several agreements to convey property to private citizens in connection with its leasehold conversion program.

I

A

In 1991, the City and County of Honolulu (the “City”) enacted an ordinance, later codified at Chapter 38 of the Revised... More...   $0 (03-22-2011 - HI)

This case requires us to determine the extent to which a federal consumer protection law, the Interstate Land Sales Full Disclosure Act (“ILSA”), 15 U.S.C. §§ 1701-20, protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments. Defendants-Appellees, developers or agents who sold condominium units to Plaintiffs-Appellants, claim that those sale... More...   $0 (03-22-2011 - MY)

This appeal filed by the plaintiffs, Alex Bistricer, as limited partner of Gulf Island Resort, L.P. (“Bistricer”), and Gulf Island Resort, L.P. (“GIRL”) (collectively, “the Plaintiffs”), stems from an order granting a Motion for Contempt and Sanctions (“Contempt Order”) filed by the defendants, Oceanside Acquisitions, LLC (“Oceanside”) and DBKN Gulf Incorporated (“DBKN”) (c... More...   $0 (03-16-2011 - FL)

Edward J. Allard appeals the trial court's order granting Al-Nayem International, Inc., a new trial as to damages suffered by Al-Nayem for Mr. Allard's breach of a warranty deed. See Fla. R. App. P. 9.130(a)(4); 9.110(a)(4). Al-Nayem cross-appeals, challenging an earlier final order involuntarily dismissing its damages case. See Fla. R. App. P. 9.110(g).1 We affirm as to the involuntary dismissal ... More...   $0 (03-16-2011 - FL)

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple’s home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners’ claims of negligence, willful and wanton conduct, and negligence per se. The principal issue w... More...   $0 (03-04-2011 - VA)

Appellant J.E. Dunn Northwest, Inc. (Dunn), performed various preconstruction services for the One Las Vegas condominium project in Las Vegas, Nevada, and recorded a mechanic’s lien for this work. Respondent Corus Construction Venture, LLC (Corus Bank),[1] provided construction financing for the project and recorded a deed of trust to secure its loan. In this appeal, we address four issues con... More...   $0 (03-03-2011 - NV)

The trial court granted summary judgment in favor of appellant, Village Green Homeowners Association, Inc. (“Village Green”), awarding actual damages, attorney’s fees, and pre- and post-judgment interest. However, the trial court declined to grant Village Green’s request for foreclosure. On appeal, Village Green contends the trial court abused its discretion by denying Village Green the ... More...   $0 (03-02-2011 - TX)

William Reyner and the McPherson Condominium Association (“Association”) (collectively “Appellants”) appeal from the judgment of the trial court in favor of Rainey Crawford, Jr. (“Crawford”) on all counts of their second amended petition. We affirm in part and reverse and remand in part.

Viewed in the light most favorable to the judgment, the facts are as follows. In October 200... More...   $0 (03-01-2011 - MO)

{¶1} Defendant-appellant, D. Thomas Hayes ("Hayes" or "appellant"), appeals the judgment granted by the Franklin County Court of Common Pleas in favor of plaintiffappellee, Ruffian, LLC ("Ruffian" or "appellee"), enforcing a settlement agreement and awarding attorney fees and expenses for frivolous conduct in accordance with R.C. 2323.51. For the reasons that follow, we affirm in part and reverse... More...   $0 (02-24-2011 - OH)

Appellant, Elene B. Glassman, appeals from a final order in garnishment obtained by appellee, Meryl B. Goodfriend, to satisfy an underlying judgment. Glassman, an attorney, appears pro se in this appeal. Goodfriend contends this appeal is frivolous and requests sanctions. We affirm the final order in garnishment and assess $2,500 in sanctions against Glassman.

Background

Glassman ... More...   $0 (02-24-2011 - TX)

In this appeal we are called upon to determine what the Legislature meant by the term "on the first page of the contract" in section 15-48-10(a) of the South Carolina Uniform Arbitration Act (2005). We hold that the term means the page preceding all other pages in the contract. We agree with the circuit court that the notice of arbitration in this case does not comply with the statute, and affir... More...   $0 (02-23-2011 - SC)

This appeal involves the proper interpretation of the declaration1 for Harbour Landing, an expandable condominium2 (condominium) created pursuant to the Condominium Act of 1976 (act), General Statutes § 47-68a et seq. The defendants, Harbour Landing Condominium Association, Inc. (association)3 and its president, David Potter, appeal4 from the trial court’s judgment in favor of the plaintiff, Ha... More...   $0 (02-17-2011 - CT)

This case involves the interpretation and application of I.C. § 55-313 to the relocation of a private roadway/easement used for vehicular travel. The district court granted summary judgment in favor of Statewide Construction, Inc. (“Statewide”) in a declaratory judgment proceeding, finding that Statewide, as the owner of the servient estate on which an express easement for vehicular travel wa... More...   $0 (02-09-2011 - ID)

The plaintiffs in this action were property owners in the Holly Woods Development in Greenville or members of the Holly Woods Association of Residence Owners (the Association). The Association brought suit against the property developers in 2005. After a trial, the jury awarded the Association $971,000 in actual damages for its negligence claim and $1 for the breach of implied warranty of workma... More...   $0 (02-03-2011 - SC)

Yigal Bosch appeals a judgment in favor of Cedar Village Townhomes Homeowners Association, Inc. (“Cedar Village”) for $21,002.60 in assessments, late fees, and prejudgment interest and $26,689.55 in attorney’s fees. Cedar Village sued Bosch for unpaid assessments under the Condominium Declaration, and Bosch counterclaimed. After the trial court granted two motions for partial summary judgm... More...   $0 (02-03-2011 - TX)

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr... More...   $0 (02-02-2011 - FL)

The defendant in a mortgage foreclosure action filed by BNY Mellon appeals a trial court’s denial of his motion under Florida Rule of Civil Procedure 1.540(b) to vacate a voluntary dismissal. Th e notice was filed after the defendant moved for sanctions against the plaintiff for filing what he alleged was a fraudulent assignment of mortgage. Because the notice of voluntary dismissal was filed pr... More...   $0 (02-02-2011 - FL)

Vickie Spencer appeals the district court’s holding that Overlook Mutual Homes, Inc. (“Overlook”), a non-profit mutual housing corporation, did not constructively deny her request for a reasonable accommodation for her daughter’s disability under the Fair Housing Act (“FHA”) and Ohio’s fair housing law. As no reasonable jury could find that Overlook denied the request, we affirm the ... More...   $0 (01-31-2011 - OH)

Thomas A. Lee (the Former Husband) and Karen L. Lee (the Former Wife) appeal a final judgment of dissolution of marriage. The Former Husband also appeals a supplemental judgment awarding attorney's fees and costs to the Former Wife.

Because of several deficiencies in the final judgment, we affirm the dissolution of marriage but reverse and remand the remainder of the judgments for further f... More...   $0 (01-28-2011 - FL)

The circuit court determined that Clark H. Scherer, III, the qualifying agent for a contractor, failed in his statutory obligation to supervise the contractor's construction of the Villas Del Verde townhome project. The court entered a judgment against Scherer for damages stemming from defects in the construction. But the Florida Supreme Court has held that a qualifying agent's failure to perform ... More...   $0 (01-19-2011 - FL)

Wife appeals the trial court's dissolution judgment, assigning error to the court's spousal support award and property division. We reject her contentions concerning spousal support without discussion and write only to address wife's argument that, when dividing the parties' property, the trial court erred by valuing husband's retirement accounts (the "Retirement Income Plan" and the "Savings Plan... More...   $0 (01-19-2011 - OR)

{¶ 1} Defendant-appellant, The Toledo Hospital, appeals the May 25, 2010 judgment of the Lucas County Court of Common Pleas which granted plaintiff-appellee Paul E. Dauterman's motion to compel a discovery response. Because we find that the information requested was neither privileged nor confidential, we affirm the trial court's judgment.

{¶ 2} Appellee commenced this medical malpractice... More...   $0 (01-14-2011 - OH)

In this product liability case, we address issues concerning the statute of repose and breach of warranty. We conclude that exterior sidewall sprinkler heads are “equipment” under Code § 8.01-250 and reverse the judgment of the circuit court that the sprinkler heads are ordinary building materials. We also hold that a manufacturer’s description of how a sprinkler head functions does not con... More...   $0 (01-13-2011 - VA)

Appellant/Respondent Harleysville Mutual Insurance Company ("Harleysville") issued a standard commercial general liability (CGL) policy to the developers ("Respondents") of a series of condominium projects in Myrtle Beach, South Carolina. The condominium project was fraught with negligent construction, which resulted in claims filed by the homeowners. Respondents settled the construction lawsuit... More...   $0 (01-07-2011 - SC)

Appellants, Windsor Village, Ltd. and Jackob Elbaz, appeal from the trial court’s judgment awarding damages and attorney’s fees to appellee, Stewart Title Company, on its claims for fraud and indemnity. We affirm, in part, and reverse and render, in part.

Background

A fire broke out on November 20, 2002, in a condominium in the Villages of Fondren Southwest Condomini... More...   $0 (01-06-2011 - TX)