The principal issues in this appeal concern whether a condominium regime's council of owners has acquired an easement permitting use of a portion of one owner's condominium unit "for the limited purpose of fire/emergency ingress and egress" by the other owners. While rejecting the council's claims that it had acquired such an easement by necessity or estoppel, the district court rendered judgment... More...   $0 (06-11-2010 - TX)

In this appeal, we consider whether an oral agreement to allow Station #2, LLC (“Station #2”) to install soundproofing material in a void space between the ceiling of premises leased by it and the floor of premises owned by another was made unenforceable by the statute of frauds. We also consider claims of fraudulent inducement to contract and statutory conspiracy.

I. BACKGROUND AND ... More...   $0 (06-10-2010 - VA)

Community Building Systems, et al. sued Webster Bank on breach of contract and tort theories claiming that they were harmed by Defendant's failure to make timely construction payments to Plaintiff on the Olde Town East condominium project and, as a direct result, several contractors walking off the job at the proposed Broadwin project in March 2007.

The plaintiff homeowners claimed that ... More...   $18950000 (06-05-2010 - OH)

In this case the developer of a condominium project recorded a declaration of covenants, conditions and restrictions (CC&R's) which required a homeowners association arbitrate any construction defect claim the association might have against the developer. As we explain more fully below, we find CC&R's are not an effective means of obtaining an agreement to arbitrate a homeowners association's cons... More...   $0 (06-01-2010 - CA)

This appeal arises from a contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. The condominium association claims that the broker caused part of its losses by failing to procure an adequate insurance policy for the condominium. Although... More...   $0 (05-27-2010 - FL)

In the litigation that precipitated this case, plaintiff obtained a judgment against a company called Wallbangers Oregon, Inc., but could not collect on the judgment. According to plaintiff, Wallbangers evaded its obligation to pay the judgment by engaging in a fraudulent transfer of its major asset, an interest in a condominium. Plaintiff filed this action against defendant Bengio Corporation o... More...   $0 (05-12-2010 - OR)

The plaintiff, L. Lynne Hall, commenced this action against the defendant Stuart Cohn, among others,1 alleging, inter alia, unjust enrichment, intentional infliction of emotional distress and negligent infliction of emotional distress. A jury returned a general verdict in favor of the plaintiff and against the defendant but awarded the plaintiff zero damages. The plaintiff subsequently filed a mot... More...   $0 (05-11-2010 - CT)

On consideration of the appellants’ motion for rehearing and rehearing en banc, the court withdraws its previous opinion and substitutes the following corrected opinion.

This is an appeal of a temporary injunction and an order granting leave to record a judgment. With some qualifications, we affirm.

I.

As stated in the parties’ earlier appeal: Plaintiff Fortune Development... More...   $0 (05-05-2010 - FL)

AIC Trading Corp. appeals an amended final judgment entered following a non-jury trial. The question before us is in contention all too often in Florida real estate transactions: is a purchase option agreement executed by a landlord (appellees, the Susmans) and tenant (AIC) contemporaneously with a commercial lease binding and enforceable, or is it merely a preliminary and unenforceable summary of... More...   $0 (05-05-2010 - FL)

The defendants Tullat Mahmood and Two Hundred Eighty Broad Elm, LLC,1 appeal from the judgment in favor of the plaintiff, Marcus Blackwell, for breach of contract, statutory theft, conversion, bad faith and violations of the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq. On appeal, the defendants claim that the court improperly (1) found that they were estopped... More...   $0 (04-27-2010 - CT)

Alex Salas asks us to reverse a published Court of Appeals decision affirming a jury verdict in favor of Hi-Tech Erectors. Salas was injured when he slipped from a ladder erected by Hi-Tech while working at a construction site. He sued Hi-Tech alleging negligence. At trial, evidence was admitted that Salas was an undocumented immigrant. He argues that the trial court erred by admitting this eviden... More...   $0 (04-20-2010 - )

The Horizontal Property Regimes Act (HPRA), chapter 64.32 RCW, applies to the Woodcreek Condominium in Bellevue, Washington. A Woodcreek owner, Sandra Lake, invokes the HPRA to resolve a dispute between her, the Woodcreek Homeowners Association, and her fellow condominium owner Glen R. Clausing. Lake claims that the association’s board of directors violated the HPRA or Woodcreek’s declaration ... More...   $0 (04-15-2010 - WA)

In this case, the trial court ordered a new trial based solely on (1) a purportedly illegal Mary Carter agreement entered into before the trial;1 (2) a finding by the trial court that the defendants’ attorney “grossly impaired” a proper defense amounting to fundamental error; and (3) jury confusion caused by an erroneous jury instruction that led to a verdict that was inconsistent with Flori... More...   $0 (04-14-2010 - FL)

The primary issue in this case concerns the validity of a so-called “assessment lien” imposed on June 26, 2009 in favor of a condominium association on a unit purchased by Lazaro Nuñez and Jeimy Salazar on June 2, 2004. The lien was for $4,051.74 incurred in repairing the air-conditioner on May 16, 2003, when it was owned and occupied by Tania Carniello. We find no basis for the establishment... More...   $0 (04-07-2010 - FL)

The plaintiffs, Frank Naples and Karen Naples, brought this action against the named defendant, Keystone Building and Development Corporation, its successor entity, Keystone Builders and Developers, LLC (Keystone, LLC),1 and their principal, Leonard Bourbeau, alleging that their poor workmanship in the construction of the plaintiffs’ new home constituted, inter alia, breach of contract, and viol... More...   $0 (03-30-2010 - CT)

This case requires us to assess the constitutionality of OCGA § 51-13-1, which limits awards of noneconomic damages in medical malpractice cases to a predetermined amount. The trial court held that the statute violates the Georgia Constitution by encroaching on the right to a jury trial, the governmental separation of powers, and the right to equal protection. Based on our review of the record an... More...   $0 (03-26-2010 - GA)

San Francisco Police Department Officers David Goff and John Conefrey (“Officers”) arrested Erris Edgerly for trespassing within the gated area of the Martin Luther King/Marcus Garvey Housing Cooperative (“Cooperative”). The Officers transported Edgerly to the local police station, where they searched him for contraband. The search did not reveal any contraband and Sergeant Frederick Schif... More...   $0 (03-19-2010 - CA)

The City of Los Angeles (City) obtained millions of dollars worth of construction work that it does not want to pay for. It believes it is absolved of any obligation to pay by Public Contracts Code section 71071 and Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228 (Amelco) on the theory that they dictate a method of proving contract damages, a method that the contractor, Dillingham-R... More...   $0 (03-18-2010 - CA)

In this medical malpractice case, the plaintiffs, Kristy Wilcox and Timothy Wilcox,1 appeal from the judgment of the trial court dismissing their complaint against the defendants, Daniel S. Schwartz, a general surgeon, and CBS Surgical Group, P.C., on the ground that the written opinion accompanying the complaint was insufficiently detailed to meet the requirements of General Statutes § 52-190a (... More...   $0 (03-16-2010 - CT)

This appeal addresses issues arising from the trial court’s determination of probable cause in granting a prejudgment remedy in the amount of $1.7 million. The defendant, Tuccio Development, Inc., appeals from the court’s judgment granting the prejudgment remedy in favor of the plaintiffs, Brian Crotty and Peggy Crotty, upon a finding of probable cause that the defendant had breached a repurch... More...   $0 (03-16-2010 - CT)

¶1 This appeal and cross-appeal concern the validity of amendments to deed restrictions creating a homeowners' association and requiring homeowners within the community to pay assessments as well as the trial court’s decision not to award attorneys’ fees to the prevailing party in the matter. For the following reasons, we reverse and remand.

FACTUAL AND PROCEDURAL HISTORY

¶2 Dr... More...   $0 (03-16-2010 - AZ)

Imogene M. Dwyer appeals the trial court's judgment in favor of 6226 Northwood Condominium Association ("the Association") after a trial de novo on the Association's claim against Dwyer for unpaid assessments. We reverse and remand.

I.

BACKGROUND

The Association filed an action in small claims court alleging that Dwyer failed to pay special assessments due to the Association f... More...   $0 (03-09-2010 - MO)

This case arises out of two contracts for the supply and installation of
windows and doors for a hotel construction project on the island of Saint Maarten
in the Netherlands Antilles. PVC Windoors, Inc. sued the parties with whom it
contracted and others for breach of contract and fraud in an effort to obtain
payment for work it performed.1 The defendants moved the district court t... More...   $0 (03-08-2010 - FL)

The sole issue in this appeal is whether General Statutes § 7-433d1 relieves a municipality from liability for a workers’ compensation claim made by one of its employees, a paid firefighter, who was injured during the course of his employment while fighting a fire, pursuant to a request for mutual aid assistance, in a neighboring municipality. The named defendant, the city of Hartford (Hartford... More...   $0 (03-03-2010 - CT)

Defendant appeals as of right from the trial court’s order granting plaintiff summary disposition and injunctive relief. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E).

I

This case concerns defendant’s alleged violation of plaintiff’s “tree protection” ordinance. The ordinance includes these relevant provisions:

145.100 FINDING... More...   $0 (03-02-2010 - MI)