| Sidney Bourne, et al. v. Northwood Properties, LLC |
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In this case we interpret Massachusetts General Laws chapter 183A, section 5, which governs condominium owners' rights and powers vis-ŕ-vis the phased development of condominium projects. We reverse the district court, In re Northwood Props., LLC, 356 B.R. 81 (D. Mass. 2006), because its statutory interpretation was in error. Northwood Properties, LLC, ("Northwood") is the develo... More... $0 (12-12-2007 - MA) |
| Linda T. Peterson v. Cornerstone Property Development |
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1 KESSLER, J. Linda T. Peterson appeals from an order granting Cornerstone Property Development's motion for summary judgment and dismissing her action. Because we determine that Peterson has: (1) failed to identify any latent defects in her Commerce Bluff One Condominium unit; (2) failed to show that any alleged defects were a violation of any specific building code provisions; and ... More... $0 (12-04-2007 - WI) |
| Sidney Bourne, et al. v. Northwood Properties, LLC |
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In this case we interpret Massachusetts General Laws chapter 183A, section 5, which governs condominium owners' rights and powers vis-ŕ-vis the phased development of condominium projects. We reverse the district court, In re Northwood Props., LLC, 356 B.R. 81 (D. Mass. 2006), because its statutory interpretation was in error. Northwood Properties, LLC, ("Northwood") is the develo... More... $0 (11-30-2007 - MA) |
| John Soares v. Joseph M. Langlois |
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Does the negotiation of an insurance company check bearing the language "SETTLEMENT FOR INJURY SUSTAINED FROM AUTO ACCIDENT ON 8-4-00" constitute an accord and satisfaction with respect to the payee's claim for personal injury arising from such accident? A trial justice ruled that in the circumstances of this case it did, and accordingly he dismissed the plaintiff's complaint. The plaintiff... More... $0 (11-16-2007 - RI) |
| Frans Gillebaard and Diane Billebaard v. Bayview Acres Association, Inc., et al. |
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Appellants, Frans and Diane Gillebaard ("the Gillebaards"), challenge the trial court's rendition of summary judgment in favor of appellees, Abbott Sprague, Lloyd Thorton, James Flanigan, and Charlie Prioleau ("the Individual Appellees") and Bayview Acres Association, Inc. ("Bayview Association"); its declaration that the "Amended and Restated Restrictions for Bayview Acres" subdivision were va... More... $0 (11-15-2007 - TX) |
| Westpark Owners' Association v. The Eighth Judicial District Court of the State of Nevada, et al., etc. |
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This case comes to us by way of an original petition for a writ of mandamus or prohibition. In granting this petition in part, we consider and determine the scope of Nevada's residential constructional defect statutes, contained within NRS Chapter 40 from NRS 40.600 through NRS 40.695. In general, this legislation sets forth rights and remedies of homeowners, developers, and building contrac... More... $0 (09-20-2007 - NV) |
| El Escorial Owners' Association, et al. v. DLC Plastering, Inc., et al. |
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Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for their damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share ... More... $0 (09-06-2007 - CA) |
| Betty Jo Walker v. Farmers Insurance Exchange |
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Respondents Betty Jo Walker and Linda Williams brought an action against appellant Farmers Insurance Exchange (Farmers)1 for breach of contract and bad faith. The jury returned a verdict for compensatory damages in excess of $1.5 million and awarded punitive damages in the amount of $8,338,255.73. The trial court conditionally granted Farmers motion for a new trial on the award of punitive ... More... $3000000 (07-31-2007 - CA) |
| City of Tulsa v. Raintree Estates I, Inc. |
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¶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 (05-25-2007 - OK) |
| DONALD J. O’MARA III, PATRICK L. O’MARA SR., AND ABSOLUTE PROPERTY MANAGEMENT, INC. v. TOWN OF WAPPINGER |
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The Town of Wappinger ("Town") appeals from a judgment resolving the enforceability of an open space restriction imposed by the Town of Wappinger Planning Board ("Planning Board"). This case calls on us in principal part to resolve a question of New York property law: Is an open space restriction imposed by a subdivision plat under New York Town Law § 276 enforceable against a subsequent ... More... $0 (04-16-2007 - NY) |
| David Rogers, Individually and as Representative fo the Estate of Leroy Brown v. Texas Sterling Construction, L.P. a/k/a TI Sterling Construction, Inc. a/k/a Texas Sterling, L.P. |
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Appellant David Rogers, individually and as representative of the Estate of Leroy Brown, appeals from the trial court's grant of summary judgment in favor of appellee Texas Sterling Construction, L.P. a/k/a Texas Sterling Construction, Inc. a/k/a Texas Sterling, L.P. ("Texas Sterling') for wrongful death and survival claims. We affirm. I. Factual and Procedural Background On Augu... More... $0 (03-31-2007 - TX) |
| Webworld Marketing Group, L.L.C. v. Tommie Thomas |
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In this declaratory judgment action, a jury found that Tommie Thomas ("the Sheriff") did not act in good faith when he arbitrarily denied Webworld Marketing Group, L.L.C.'s application for a Sexually Oriented Business ("SOB") permit. The trial court granted the Sheriff's motion for judgment notwithstanding the verdict ("JNOV") and denied all relief Webworld sought against the Sheriff. In its s... More... $0 (03-23-2007 - TX) |
| Philip A. Zlotnick v. Premier Sales Group, Inc., et al. |
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Plaintiff Philip A. Zlotnick appeals the district court's order dismissing his suit against Premier Sales Group, Inc. ("Premier"), Boynton Waterways Investment Associates, LLC ("Boynton Waterways"), and Panther Real Estate Partners, Inc. ("Panther"), filed pursuant to the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. Ann. §§ 501.201-.213. After review, we affirm t... More... $0 (03-19-2007 - FL) |
| Habitat II Condominiums, Inc. v. Derrick Kerr and Beverly J. Amie |
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Habitat II Condominium, Inc., (the "Association") appeals an order dismissing its complaint due to its failure to enter into non-binding arbitration of a dispute involving its claimed right of first refusal to a condominium unit. The Association claims that the dispute was not arbitrable under the governing statute because it involved title to a unit. We agree and reverse. The Associati... More... $0 (01-26-2007 - FL) |
| The Montgomery Towne Homeowners' Association, Inc. v. Edward Greene and Priscilla Greene |
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{¶1} Plaintiff-appellant, the Montgomery Towne Homeowners’ Association (“Montgomery Towne”), brought this action seeking declaratory and injunctive relief against defendants-appellees, Edward Greene and Priscilla Greene. Montgomery Towne alleged that the Greenes had installed glass-block windows in their condominium unit in violation of Article X of Montgomery Towne’s Declaration of Condo... More... $0 (12-31-2006 - OH) |
| June C. May, M.D. v. Mid-Century Insurance Company |
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¶1 The dispositive issue on certiorari is whether the plaintiff (condominium unit owner) has a claim against the condominium association's insurer whose policy was issued to the (condominium owners') association. We answer in the negative and hold that the trial court's dismissal of the claim is error-free. |
| Michael R. Kelly v. Jeffrey L. Haag |
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In this fraud case, the issue on appeal is whether substantial evidence supports the trial court's assessment of $75,000 in punitive damages against defendant Jeffrey L. Haag. We conclude the evidence does not support the award, and thus we reverse the judgment in part. We reject plaintiff Michael R. Kelly's assertion he is entitled to a retrial on punitive damages. BACKGROUND T... More... $0 (12-19-2006 - CA) |
| Johnson Bank v. George Korbakers & Co., LLP |
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In this diversity suit governed by Illinois law, a bank complains that it lost money as a result of errors in an audit of one of its borrowers, Brandon Apparel Group, Inc., by the defendant, GKCO. The bank contends both that it is a third-party beneficiary of the letter contract by which Brandon retained GKCO to conduct the audit and that GKCO committed the tort of negligent misrepresent... More... $0 (12-18-2006 - IL) |
| Kevin Daves v. Taylor Woodrow, Dan Buford, Robert Buford, SLAB and SLAB Lido |
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Kevin Daves sued Taylor Woodrow, Robert Buford, Dan Buford, SLAB and SLAB Lido on a number of different legal theories including negligence, breach of fiduciary duty, and breach of contract for excluding him from the massive Ritz-Carlton Sarasota condominium project. Daves owns 20% of a SLAB which, along with Taylor Woodrow, were to build the Lido condos near the swank Ritz-Carlton beach clu... More... $34000000 (11-22-2006 - FL) |
| State Farm General Insurance Company v. Wells Fargo Bank, N.A., et al. |
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In this subrogation action, State Farm General Insurance Company (State Farm) seeks to recover sums it paid to its insureds, a condominium association and one of the condominium owners, following a fire loss. The fire started in an adjacent apartment building, after an ignition source was placed in a trash can, and the resultant fire spread to the insureds' condominium complex. State Farm s... More... $0 (10-11-2006 - CA) |
| The Harbours Condominium Association, Inc. v. Angela Hudson |
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The Harbours Condominium Association, Inc., ("Association") appeals from the trial court's denial of the Association's request for a money judgment and to foreclose on a condominium lien against a condominium owner, Angela Hudson. On appeal, the Association presents five issues for review, which we restate as: |
| The Standard Fire Insurance Company v. The Spectrum Community Association |
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Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ. Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats. 2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing a defense to ... More... $0 (08-03-2006 - CA) |
| Ante Marijanovic, et al. v. Gray, York & Duffy |
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A general contractor was sued by a condominium owners association for latent defects in the construction of the condominium complex. The general contractor cross-complained against the painting subcontractor for indemnity. Ultimately, the entire action settled without contribution from the painter, and the painter was voluntarily dismissed without prejudice. The painter then brought the ins... More... $0 (03-30-2006 - CA) |
| David A. Birchall v. Raintree Estates, Inc. |
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David A. Birchall and Linda Birchall sued Raintree Estates, Inc. seeking a declaratory judgment that Raintree Estates did not have the legal authority to "fine" them for failing to comply with certain rules adopted by the condominium association where they owned property. |
| D. Bartlett v. S. Bartlett |
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¶1 Defendant/Appellant S. Bartlett (Wife) appeals from the Decree of Divorce as well as other court orders in this dissolution proceeding filed by Plaintiff/Appellee D. Bartlett (Husband). We hold that the trial court erred in finding that Husband rebutted the presumption of a gift which arose when Husband placed the marital residence and six other properties in joint tenancy with Wife; we theref... More... $0 (02-10-2006 - OK) |
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