Developers of Solamar, LLC (Solamar), challenges the trial court's final summary judgment in favor of Gary Weinhauer, the purchaser, in an action for rescission of a contract for the purchase of a condominium.1 Concluding that, as a matter of law, the contract lacked "mutuality of obligations and mutuality of remedies," the trial court entered summary judgment granting Weinhauer the rescission. We... More...   $0 (08-12-2009 - FL)

Appellant Point Clear Holdings, Inc. (“PCH”) appeals from the district court’s grant of summary judgment to Appellees H.E. Scobee, Dorothy Scobee, Hank Perkins, and Paula Perkins (collectively “the Lot Owners”). The dispute in this case centers on controlling the use of Pine Grove Drive, a street in Point Clear, Alabama. PCH owns Pine Grove Drive, and the Lot Owners have a private easeme... More...   $0 (08-12-2009 - AL)

This appeal arises out of a summary judgment entered in favor of appellee, Westgate Homeowners= Association, Inc. (AWestgate@). Appellant, Joseph Monk, argues the trial court erred in granting Westgate=s motion for summary judgment and overruling Monk=s motion for new trial. We affirm.



Background

On April 20, 2006, Westgate brought suit against Monk and his ex-wife, Lisa ... More...   $0 (08-11-2009 - TX)

Auto-Owners Insurance Company appeals from the denial of its motion to vacate and/or stay this declaratory judgment action to determine coverage under an insurance policy, following this court's reversal and remand of the companion tort action for damages. In the alternative, Auto-Owners contends the circuit court erred in finding Marion Eadon d/b/a C&B Fabrication an insured under the policy, th... More...   $0 (08-06-2009 - SC)

Two days before the plaintiff Vreni Büchel-Ruegsegger’s husband died in Switzerland, he transferred 200,000 Swiss francs to their son, John Büchel, who lives in Wisconsin. A Swiss court concluded that the husband’s estate was entitled to 150,000 of those Swiss francs. When John refused to remit the money, the plaintiff filed suit against him in federal court in Wisconsin. The district court ... More...   $0 (08-06-2009 - WI)

Plaintiff Arnold P. Ferolito owns one of 142 residential condominium units housed in eleven separate apartment buildings known as Park Hill. The defendants are Park Hill Association, Inc. (Association), Pagano Company, which manages the buildings, and individual members of the Association's board of directors. On a prior appeal, we affirmed an order dismissing plaintiff's complaint without... More...   $0 (07-27-2009 - NJ)

Kevin Schronk and his son Dustin filed a wrongful death suit against the City of Burleson and Laerdal Medical Corporation after emergency medical technicians employed by the City were unable to resuscitate Helen Schronk with an automatic external defibrillator (AED) manufactured by Laerdal. The trial court granted the City’s plea to the jurisdiction and Laerdal’s summary-judgment motion. The... More...   $0 (07-22-2009 - TX)

APPEAL from a judgment of the Superior Court of San Diego County, Michael B. Orfield, Judge; APPEAL from a postjudgment order denying a motion to vacate the judgment; APPEAL from a postjudgment order denying attorney fees. The judgment is reversed. Jess Diaz's appeal from a postjudgment order denying his motion to vacate is dismissed. Costa Serena Owners Coalition's appeal from a postjudgment orde... More...   $0 (07-17-2009 - ca)

Alaska’s mechanic’s lien statutes allow a lessor of construction equipment to lien real property if its equipment is used under agreement with the property owner or the owner’s agent “for the construction, alteration, or repair of a building or improvement” on the property.1 In this case a landscaper purchased fill dirt from a construction company and rented heavy machinery from an equip... More...   $0 (07-10-2009 - AK)

[¶1] Lakeside at Pleasant Mountain Condominium Association (Lakeside) appeals from judgments entered in the Superior Court (Cumberland County, Warren, J.) involving an easement on Lakeside’s property that provides Shawnee Peak Holdings, Inc. (Shawnee Peak) access to a swim float on Moose Pond.

[¶2] First, pursuant to M.R. Civ. P. 80B, Lakeside appeals a judgment of the Superior Court ... More...   $0 (07-07-2009 - ME)

Plaintiff-Appellant Emily Hatfield appeals from an adverse judgment following a consent jury trial before a magistrate judge. She raises the following issues on appeal: (1) improper exclusion of expert testimony; (2) improper denial of challenges for cause of two members of the jury panel; (3) improper closing argument; and (4) refusal to give a requested jury instruction on spoliation of evidence... More...   $0 (07-02-2009 - KS)

We are asked to determine whether a real estate contract can limit

buyers' remedies for breach to the return of their deposits and certain money spent on

improving the property. Petitioners are licensed real estate agents for a condominium

development who also bought residential units there. As condominium buyers, the

agents want the court to strike down a contr... More...   $0 (06-25-2009 - WA)

These are consolidated appeals. The plaintiff, Robert J. Rossman, brought an action arising from a business dispute with the defendants Guardian Alarm Services, Inc. (Guardian Alarm), Tracy Emro, Jerome Terracino and Thomas Terracino and Patricia A. Morasco, Jerome Terracino’s son and wife, respectively.

Guardian Alarm brought a counterclaim against the plaintiff. The jury found in favor ... More...   $0 (06-23-2009 - CT)

The plaintiffs in this case, Lobisser Building Corp. (Lobisser) and Crystal Springs Condominium Association, Inc. (association), filed a complaint in the Land Court appealing from a decision of the planning board of Bellingham (board) denying their application for a modification of a special permit and for development plan approval. The plaintiffs asserted that the board's decision that the specia... More...   $0 (06-22-2009 - MA)

Plaintiff-Appellee Deer Crest Associates I, L.C. (“Deer Crest”) and the Defendants-Appellants (collectively, “Avalon”) contracted for a construction project on Deer Crest’s land. Deer Crest ultimately filed suit against Avalon for, among other claims, breach of contract. Avalon counterclaimed. After motions for summary judgment and a bench trial, the district court entered final judgment... More...   $0 (06-02-2009 - UT)

Plaintiffs, Sage Information Services and Roger W. Hurlbert (Sage), filed a one-count complaint against defendant, Gary A. King, Du Page County Clerk, seeking relief from a denial of an Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. (West 2006)) request. Sage alleged that the fee to be charged by defendant for copying a database compilation of the entire real property assessments... More...   $0 (05-29-2009 - IL)

Riverwatch Condominium Owners Association (Association) appeals the order of the Court of Common Pleas of Delaware County (trial court) granting the summary judgment motion of Restoration Development Corporation (Restoration), affirming Restoration’s title to a disputed two-acre parcel of property, and Restoration’s right of access to that two-acre parcel across a portion of the Association’... More...   $0 (05-29-2009 - PA)

¶1 Appellant Raintree Estates I, Inc., d/b/a Silver Ridge Townhomes, a/k/a Raintree Estates I Condominiums Homeowners Association (The Association) seeks review of the trial court's order directing the distribution of proceeds of a Commissioners Report to individual condominium unit owners in a condemnation action filed by Plaintiff City of Tulsa (The City). Appellant also appeals a subsequent or... More...   $0 (05-25-2009 - OK)

The City and County of San Francisco (the city) appeals from a writ of mandate ordering it to set aside a resolution of its Board of Supervisors (the board) initiating the process of designating The First St. John‟s United Methodist Church as a landmark pursuant to article 10 of the city‟s planning code, entitled “Preservation of Historical Architectural and Aesthetic Landmarks.” The supe... More...   $0 (05-20-2009 - CA)

In this appeal, we are asked to determine whether a renewal lien secured pursuant to CPLR 5014 for a second 10-year period can take effect nunc pro tunc on the expiration date of the original lien, cutting off the property interests of intervening mortgagees. Because CPLR 5014 does not provide for a renewal judgment to have retroactive effect to the original lien’s expiration date and because nu... More...   $0 (05-12-2009 - NY)

Homero Meruelo and the Merco Group of the Palm Beaches (together “the Buyers”) appeal the trial court’s denial of their motion for a directed verdict. The Appellee, The Mark Andrew of the Palm Beaches, crossappeals the trial court’s denial of its motion for summary judgment. We write only to address the trial court’s error in denying the Appellant’s motion for directed verdict as to Co... More...   $0 (05-06-2009 - FL)

This appeal arises out of a storied real estate transaction. Plaintiff and appellant Manhattan Loft, LLC (appellant) purchased certain real property from Sixth & Spring, LLC, subject to an existing lease for a portion of the basement and first floor to Mercury Liquors, Inc. (Mercury). A dispute arose, prompting those with an interest in the lease1 to commence two arbitration proceedings against ap... More...   $0 (05-06-2009 - CA)

Plaintiffs James A. Martin and his wife, RaeAnn, appeal from a judgment against them, including the award of attorney‟s fees and costs, entered after the trial court sustained a demurrer in favor of defendant Bridgeport Community Association. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Richard and Rachel Peterson (the Petersons) purchased a home constructed by Richmond American Ho... More...   $0 (05-06-2009 - CA)

Richard J. Harley (Harley) appeals from an order of the Court of Common Pleas of Monroe County (trial court) denying his motion for post-trial relief and ordering him to pay Northslope III Owners Association (Association) $13,337.63 in dues and assessments. The Association has filed a cross-appeal from the trial court’s order denying its post-trial motion and ordering Harley to pay only a portio... More...   $0 (05-05-2009 - PA)

Dave Nicholls appeals from the trial court’s dismissal of his complaint under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.)1 against Holiday Panay Marina, L.P. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Respondent Holiday Panay Marina, L.P. operates a boat marina in Marina Del Rey, California. The marina is private, and only the marina’s tenants may us... More...   $0 (05-05-2009 - CA)