Lisa Horowitz, Nancy Teske, and Robert Judd (collectively the “Unit Ownersâ€�) filed an action for declaratory judgment against the Intracoastal Point Condominium Association (the “Associationâ€�) asserting the invalidity of a “special meetingâ€� held in January 2009 and seeking the appointment of a receiver. The Unit Owners alleged, in part, that three specific members of the Association â€... More...   $0 (01-05-2011 - FL)

Tahiti Beach Homeowners Association, Inc., appeals a partial final summary judgment in favor of Mr. and Mrs. Pfeffer regarding the Association’s complaint to foreclose a lien for a $285,000 fine. The fine, imposed for the alleged violation of a “Homesite Construction Rule,â€�1 did not meet the requirements of section 720.305(2), Florida Statutes (2007), regulating the imposition of fines by ho... More...   $0 (01-05-2011 - FL)

This appeal arises out of a divorce proceeding. Kenneth Griffith brings five issues on appeal: (1) whether the trial court erred in denying his special appearance; (2) whether the trial court erred in denying his plea in abatement; (3) whether the trial court erred in denying his motion to dismiss or, in the alternative, motion to stay proceedings under the doctrine of forum non conveniens; (4) wh... More...   $0 (01-05-2011 - TX)

Theodore Herring, Jr. and Carmen Dawson appeal from a final judgment entered by the trial court following the court’s granting of a partial summary judgment in favor of appellee Heron Lakes Estates Owners Association, Inc. and a subsequent bench trial. In two issues, Herring and Dawson argue that the trial court erred in granting the partial summary judgment in favor of the Association on its b... More...   $0 (01-04-2011 - TX)

The plaintiffs, Buddington Park Condominium Association (association), Lynn Farrell and Maurice Cayer, appeal from the judgment of the trial court dismissing their zoning appeal from a decision of the defendant planning and zoning commission of the city of Shelton (commission).1 On appeal, the plaintiffs claim that the trial court improperly determined that (1) they were not denied due process whe... More...   $0 (12-23-2010 - CT)

The Briarwinds Condominium Association, Inc., appeals an order granting the defendants’ motion for a judgment on the pleadings on count two of its complaint, seeking an injunction to evict a condominium unit tenant. Finding that the complaint was sufficient to withstand the motion for judgment on the pleadings, we reverse.

Marcene Rigsby owns a unit at Briarwinds Condominium. She rents th... More...   $0 (12-15-2010 - FL)

This is an appeal by the Miami-Dade County Property Appraiser and the Florida Department of Revenue from a final summary judgment, bestowing an exemption from ad valorem taxation upon the owners of residential real estate in Miami-Dade County on the basis the property is the “permanent residenceâ€� of their minor children, who are “naturally dependentâ€� upon them within the meaning of article... More...   $0 (12-15-2010 - FL)

Defendant, 10330 Old Olive, LLC, appeals from the judgment denying its motion to set aside a default judgment. We affirm in part, reverse in part and remand.

Background

On December 30, 2008, plaintiff, Court of 5 Gardens Condominium Association, filed a two-count petition for breach of contract and suit on account. Plaintiff alleged that defendant, as a successor in interest, breache... More...   $0 (12-14-2010 - MO)

The plaintiff, Selena Brooks, commenced this action against the defendants, Daniel Sweeney, an environmental sanitarian for the health district of the towns of Bloomfield and West Hartford (health district),

1 Stephen Huleatt, Sweeney’s supervisor and director of the health district, and the towns of Bloomfield and West Hartford, after she was arrested, pursuant to General Statutes § 19a... More...   $0 (12-14-2010 - CT)

Appellant Austin Brice appeals from the trial court's orders granting summary judgment in favor of appellees Stephen Hanna and The Other Place, LLC ("TOP") in Brice's suit for false imprisonment and malicious prosecution in connection with his arrest for public intoxication. We reverse the orders granting summary judgment and remand for further proceedings.


BACKGROUND

On the... More...   $0 (12-10-2010 - TX)

The City of Miami (“Cityâ€�) and Balbino Investments, LLC (“Balbinoâ€�) filed motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Balbino’s Motion for Rehearing is denied. We, however, withdraw this Court’s opinion issued on August 8, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial of the Motion for Reh... More...   $0 (12-08-2010 - FL)

In this case, we conclude that a prospective beneficiary of a will cannot maintain a cause of action for legal malpractice against the attorney who drafted the will but did not have it executed before the death of the testator.

FACTUAL AND PROCEDURAL SUMMARY

Appellant Carlyle Hall had known Alexandra Turner since 1962 or 1963. In the late 1990‟s, Hall formed the belief that Ms. Tur... More...   $0 (12-08-2010 - CA)

On December 9, 2005, Mother Nature paid a visit to coastal Rhode Island, wreaking havoc with a storm that featured wind gusts of up to seventy-five miles per hour accompanied by copious amounts of rain, snow, and sleet. Among the many properties damaged by the storm was a condominium owned by Susan and Robert Phinney. That property was insured under an insurance policy issued to the plaintiff, Bli... More...   $0 (12-01-2010 - RI)

The plaintiff, Jennifer James, appeals from the summary judgment rendered by the trial court in favor of the defendant, The Valley-Shore Y.M.C.A., Inc. She claims that the court improperly concluded that no genuine issue of material fact existed as to the notice element of this premises liability action.1 We affirm the judgment of the trial court.

The record, viewed in the light most favora... More...   $0 (11-23-2010 - CT)

The trial court granted summary judgment dismissal of a

homeowner's negligence claims against two construction contractors whose

allegedly negligent installation of a waterline for the previous owner caused a

landslide, damaging the landscaping and house. We reverse. This is not a

negligent construction case where the economic loss rule would apply and

No... More...   $0 (11-22-2010 - WA)

Ashford Condominium, Inc. (Ashford) appeals from the judgment of the trial court granting summary judgment in favor of defendants Horner & Shifrin, Inc. (Horner) and Lamb Construction Company, LLC (Lamb). In 2008, Ashford filed a petition seeking damages for breach of contract and negligence against Horner and Lamb in connection with repair work performed on exterior structures of the condominium ... More...   $0 (11-16-2010 - MO)

Edward J. Allard appeals the trial court's order granting Al-Nayem International, Inc., a rehearing 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).1 Al-Nayem cross-appeals, challenging an earlier final order granting an involuntary dismissal to Mr. Allard. See Fla. R. App. P. 9.030(b)(1)(A); 9.110(g). We affirm as to the involuntary d... More...   $0 (11-05-2010 - FL)

Since the 1800s, lessors of real property in Washington

have been able to recover damages for the tort of waste. In this case, however, the

Court of Appeals interpreted our jurisprudence on the economic loss rule and

concluded that lessor Linda Eastwood was limited to contractual remedies for the

damage done to her horse farm by lessee Horse Harbor Foundat... More...   $0 (11-04-2010 - WA)

Elizabeth Boren appeals a final order wherein the circuit court determined that Boren's mother's contractual interest in a condominium—which was owned by Boren's mother at the time of her death—was not homestead property protected from claims of creditors. By virtue of this determination, the value of the contractual interest was included in Boren's mother's estate, and as a result, the amount... More...   $0 (11-03-2010 - FL)

Carmen Kovacevic, in propria persona, filed a complaint containing 11 causes of action against Avalon at Eagles' Crossing Homeowners Association (Avalon), various directors of Avalon, and the property management company that manages the condominium complex in which Kovacevic lives, Bruner & Rosi Management, Inc. (Bruner & Rosi). The defendants filed a notice pursuant to Code of Civil Procedure sec... More...   $0 (10-26-2010 - CA)

Melvin Houston (“Houston�) and Houston Synthesized Investments, LLC (“HSI�) appeal from the trial court’s judgment in favor of Christine Ludwick on her claims for (1) breach of fiduciary duty against Houston; and (2) unjust enrichment against Houston and HSI. We affirm.

BACKGROUND

I. Overview

This appeal arises from a jury trial on claims in connection... More...   $0 (10-21-2010 - TX)

These appeals concern a Santa Ana condominium project that falls somewhere between owning a home and renting it. Plaintiffs (the homeowners) purchased a leasehold interest in their individual homes in a 150-unit condominium project. Each has been assigned a single-unit ground lease with lessors, the trustees of a family trust.

The ground leases are for a long term (75 years), with a rent ... More...   $0 (10-19-2010 - CA)

Our case law holds that a person who hires an independent contractor is not, without more, vicariously liable to the independent contractor’s employees for their employer’s torts, even though the job involves inherent danger or “peculiar risk.â€� The issue presented by this appeal is whether this rule depends on the employer being solvent and competent. We hold that it does not. The Nevad... More...   $0 (10-07-2010 - NV)

Ours is a society in which people live, work, relax, and shop in apartment complexes, office towers, industrial parks, stadia, and malls that stretch as far as the eye can see. It is, therefore, unsurprising that a mundane artifact of modern life — the parking space — has become a prized possession.

This case illustrates the point. The complainants, believing themselves entitle... More...   $0 (09-24-2010 - PR)

This appeal requires us to decide what facts and circumstances give rise to a plaintiff’s right to recover under the mode of operation rule, an exception to the traditional premises liability doctrine, which dispenses with the requirement that a plaintiff prove that a business owner had actual or constructive notice of the specific unsafe condition giving rise to the plaintiff’s injury. The de... More...   $0 (09-21-2010 - CT)