On this, the third appeal of this case before this court, the appellants/homeowners challenge the trial court's determination that they were not the prevailing parties for purposes of attorney's fees and costs in a dispute over a deed restriction setback requirement. We conclude that because the Cudjoe Gardens Property Owners Association ("the association") prevailed on the significant is... More...   $0 (05-05-2004 - FL)

The issues on appeal are whether the imposter defense contained in section 3-404(a) of the Illinois version of the Uniform Commercial Code, Negotiable Instruments (810 ILCS 5/3-404(a) (West 2000)) ("UCC") may be properly asserted in a section 2-615 motion to dismiss a complaint for failure to state a claim (735 ILCS 5/2-615 (West 2000)) and whether the defense is factually applicable to the pre... More...   $0 (04-26-2004 - IL)

In 1996 Ms. Rollison and her husband began looking for a vacation home in Key West. They wanted to buy a condominium property which they could use for vacation purposes. In addition,... More...   $0 (04-20-2004 - FL)

The defendant, Westport Precision, Inc., appeals from the judgment of the trial court ordering the issuance of a writ of mandamus to the plaintiff, Michael G. Pagett, pursuant to General Statutes § 33- 946 (b) and (c). The order required the defendant to allow the plaintiff, a minority shareholder who was a former employee currently engaged in litigation against the defendant, to inspect... More...   $0 (04-19-2004 - CT)

The principal issue in this medical malpractice case is whether the ‘‘continuous treatment'' or ‘‘continuing course of conduct'' doctrine tolls the statute of limitations in General Statutes § 52-584. The plaintiff, Antonina Rosato, brought this action ultimately in two counts against the defendant, Teresita Mascardo, alleging that she suffered damages as a result of the defendant's unau... More...   $0 (04-11-2004 - CT)

This appeal involves a dispute between an owner of real property who prevailed in a suit to redeem the premises after a tax sale and the purchaser (technically, the successor in interest to the original purchaser) at the tax sale who received a tax deed. The disputed question is over the tax purchaser's liability for imputed rental value in circumstances where the tax purchaser affirmative... More...   $0 (04-05-2004 - DC)

2 Webb was a student in an earth science course at the University. As part of the course curriculum, students were required to attend an off-campus field trip to e... More...   $0 (03-18-2004 - UT)

The Association is the homeowners association for Heritage Village, a sixty-three-unit townhome community. Defendants were involved in the development, ... More...   $0 (03-12-2004 - CO)

The jury cou... More...   $0 (03-07-2004 - CT)

Veronica Wilson petitioned for a divorce from Harold ... More...   $0 (02-27-2004 - TX)

The issue in this personal injury action is whether the organizer of a recreational athletic league is liable for the injuries a competitor sustains during the heat of the game. Under the facts alleged in the complaint, the organizer of the league is not responsible for the plaintiff's injuries, as nothing it did or did not do was the legal cause of those injuries. We therefore affirm th... More...   $0 (02-16-2004 - CT)

Linda S. Vagts, now known as Linda S. Thompson, appeals the decision of the Lancaster County District Court denying her request to remove her two minor children from the jurisdiction. She also contends that the district court abused its discretion in granting Daryl A. Vagts' application to credit Social Security payments in excess of his monthly child support obligation to his existing child suppo... More...   $0 (02-10-2004 - NE)

Henry Pratt McKean, II, died testate. His personal representatives filed a Petition to Determine Homestead Status of Real Property. The trial court found that the real property in question was homestead property and that the four beneficiaries of the residuary clause were entitled to the property. Warburton, another beneficiary, timely appeals the trial court's decision to award the hom... More...   $0 (01-07-2004 - FL)

In a personal injury action, General Statutes § 52-225a1 authorizes the trial court to reduce the plaintiff's economic damages award by an amount equal to the sum of collateral source payments received by the plaintiff, less any amount paid by or on behalf of the plaintiff to secure those payments. This certified appeal2 requires that we determine whether § 52-225a requires the trial cou... More...   $50000 (01-07-2004 - CT)

This appeal concerns the rights of a surety, pursuant to an indemnity agreement, to indemnification for payments made in settling a claim against a surety bond. The sole parties in this appeal are National Fire Insurance Company of Hartford (National) and Frank Mercede and Sons, Inc. (Mercede), the two defendants in the underlying action.1 National, a commercial surety company, appeals2 ... More...   $0 (01-07-2004 - CT)

An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home. The plaintiff employees here provided services to developmentally disabled persons in a variety of living arrangements. In determining whether these living arrangements qualified as private homes, the district court analyzed the various living arrangements as a... More...   $0 (01-06-2004 - OK)

In 1997, extensive flooding occurred in Boulder City, resulting in Boulder City and the State of Nevada declaring a state of emergency. Appellant Paul Vermef claims that his property flooded during the 1997 floods and that the floodwaters caused damage to his front yard, driveway, and garage. Vermef filed a complaint against respondent City of Boulder City, alleging that faulty construction of t... More...   $0 (12-16-2003 - NV)

In this case we must decide whether the failure of an insurance company to comply strictly with the statutory requirement that it provide a space in its motor vehicle coverage application form for the applicant to sign or initial indicating a decision to reject uninsured- motorist coverage operates to impose underinsured-motorist coverage in an amount equal to the bodily injury liability limits... More...   $0 (12-15-2003 - IL)

This case returns to us following a remand to the trial court by the Supreme Court. In this appeal, the defendant, Enrico Vaccaro, claims the trial court improperly (1) denied his motion to open and to set aside the judgment, (2) awarded the plaintiff offer of judgment interest and (3) granted the plaintiff's prejudgment remedy of attachment. We affirm the judgment of the trial court. <... More...   $0 (12-09-2003 - CT)

The sole issue in this appeal1 is whether a corporation's motor vehicles are properly assessed for personal property taxes in the town in which the corporation maintains its principal place of business, or in the towns in which the vehicles are actually located, that is, where they are regularly parked or garaged. The defendant appeals from the judgment of the trial court granting the pl... More...   $0 (12-08-2003 - CT)

Plaintiff Karl Kuehn was severely injured when attacked in the men's room of a tavern in the Township of Union known as the Pub Zone by three members of the Pagan motorcycle gang. Following trial, a $300,000 verdict in plaintiff's favor was entered against the Pub Zone. However, the trial judge granted judgment notwithstanding the verdict (JNOV) to it, finding the facts established that no fore... More...   $300000 (12-05-2003 - NJ)

Aguilar & Sebastinelli (Aguilar) is a law firm, which represented A.I. Credit Corp., Inc. (AICCI) in a collection action against Richard W. Peterson (Peterson). It appeals from a summary judgment in a separate declaratory relief action regarding Aguilar's right to attorney fees in the collection action. The judgment was entered on the basis that Aguilar's claim for legal fees against AICCI wa... More...   $0 (12-01-2003 - CA)

This is an appeal from an order finding that the notice of tax sale provided to the appellant fulfills constitutional due process requirements and denying the appellant's request that the procedures be held unconstitutional. We hold that Ark. Code Ann. § 26-37-301 (Repl. 1997), fulfills constitutional due process requirements and provides sufficient notice to nonresident landowners prior to the... More...   $0 (11-26-2003 - AR)

Condominium owner brought negligence claims against the Pirates Lane Condominium Trust alleging that it allowed water to leak into the basement of the unit and then failed to remove the mold that grew in the unit. Plaintiff claimed that she developed "flu-like and asthmatic symptoms" which resulted in her being hospitalized. She claimed that the condo had a chronic wetness problem and that the... More...   $285000 (11-25-2003 - MA)

Wife married Christopher T. Major (husband) in 1997, and the decree dissolving their marriage was entered by the trial court in March 2002. The marriage was the second for both, no children were born to... More...   $0 (11-24-2003 - CO)