In this construction defects case, plaintiff, Yacht Club II Homeowners Association, Inc. (HOA), appeals the judgment entered in favor of defendants, A.C. Excavating; Brady & Sons Bonded Roof Co.; Dirt-N-All Excavating; NDF Company; Formex Concrete Forming, Inc.; Frank's Finish Grading, Inc.; Hesterly Holland Construction, LLC; K.J. Woodworks, Ltd.; Rocky Mountain Flatwork, Inc.; Stevens Excavat... More...   $0 (11-24-2003 - CO)

2 This cause concerns a dispute over the support alimony awarded to the appellant, Juliana Peyravy (wife), in her divorce from the appellee, Ali Peyravy... More...   $0 (10-28-2003 - OK)

In this premises liability and negligence case, we hold that the trial court erred in granting summary judgment in favor of a landowner who owed the Appellants a contractual duty to provide security in a nonnegligent manner. The record reveals triable issues of material fact regarding (1) the scope of the landowner's contractual duty; (2) whether the landowner breached its contractual duty; an... More...   $0 (10-01-2003 - CA)

This is an appeal from the summary judgment rendered against the plaintiffs1 and in favor of the defendants2 in an inverse condemnation proceeding. Specifically, the plaintiffs claim that an unconstitutional taking of their private property occurred and that the trial court improperly determined that there were no genuine issues of material fact.3 We affirm the judgment of the trial cour... More...   $0 (09-17-2003 - CT)

The plaintiff, Zhiyuan Wang, filed a complaint in the circuit court of Jackson County against Kevin Williams and Archie Williams, individually and doing business as Royal Rentals, a partnership (hereinafter referred to collectively as Royal Rentals). The subject of the complaint was the return of a security deposit. The court entered an order dismissing certain counts and striking paragraphs in... More...   $0 (09-16-2003 - IL)

In February 1997, plaintiff board of managers of the condominium located at 229 West 97th Street commenced this action against appellant for outstanding common charges and special assessments dating back to January 1991. The condominium consists of four commercial units owned by appellant, which have a 7.9745% interest in the condominium; two professional units, which have a 3.0673% interest; and ... More...   $0 (09-04-2003 - NY)

This is a divorce case. In fourteen issues, appellant, Roy Dale Frazier ("Roy"), contends the trial court erred (1) in finding that he and appellee Betty A. Frazier ("Betty") were informally married in Texas in 1981 and had not remarried in California after their first divorce in 1971; (2) in dividing the marital estate; and (3) in awarding attorney's fees to Betty and appellee Nan Kathryn McKi... More...   $0 (09-04-2003 - TX)

The defendants, Bic Corporation (Bic Corp.) and Liberty Mutual Insurance Company, appeal from the finding and award of the workers’ compensation commissioner rendered in favor of the plaintiff, Jacqueline Cable, on her discriminatory discharge claim. On appeal, the defendants claim that the commissioner (1) failed to articulate the basis of the alleged discrimination, (2) applied t... More...   $0 (09-02-2003 - CT)

In this construction defects dispute, the general contractor, Kerry Meeker, doing business as Kerry Meeker Construction (Meeker), appeals from a postjudgment order denying his request for litigation expenses from the property owner, Base Camp Condominiums Association No. One (Base Camp), and a subcontractor, M. Perez Company, Inc., doing business as Henley & Company (Henley). The court conclud... More...   $0 (08-19-2003 - CA)

While the legal issues in this case are all about the money, the heart of the matter is a romantic relationship and engagement turned sour upon the prospective bride's discovery of her betrothed's prior undisclosed homosexual liaisons. With that the parties' mutual trust and expectations for a life together came to an end. Promises had been made, funds had been commingled, a residence had bee... More...   $0 (08-19-2003 - CA)

In these consolidated cases, the Jade East Towers Owners Association, Inc. (Association) obtained a judgment against appellees Sovran Construction Company, Inc. (Sovran) and Jade East Towers Developers (Developers) for damages resulting from construction defects and deficiencies in a condominium project in Destin, Florida. Before making the claims, the Association and individual unit owners... More...   $0 (08-12-2003 - FL)

In D... More...   $39000 (08-08-2003 - CA)

Appellants David C. and Wendee L. Johnson ("the Johnsons") appeal the judgment entered against them on their claims against their homeowners' association, The Pointe Community Association ("the Association"), and their neighbors, Patrick and Carol Boyle ("the Boyles") (collectively "Defendants"). The Johnsons brought these claims when the Association declined to require the Boyles to obtai... More...   $0 (08-04-2003 - AZ)

Defendant Nordhoff Townhomes Homeowners Association, Inc. (the Association) obtained summary judgment in the trial court on a complaint alleging (1) that the Association had been negligent and had breached its fiduciary duty to former Association member and plaintiff Sam Ostayan (Ostayan) and (2) a constructive trust of a portion of the funds received by the Association in a lawsuit against its... More...   $0 (07-03-2003 - CA)

In this post-judgment matrimonial appeal, we address the issue of the standards to be applied when the joint legal, non- residential custodial parent opposes relocation of the parties' child by the joint legal, residential custodial parent to another residence within the State of New Jersey. Here, both parties and the child had been residing in the same county. We conclude that such circumstanc... More...   $0 (07-01-2003 - NJ)

In this case, Bruce T. and Elizabeth H. Bowling purchased a condominium unit and parking space in Eagle County from Patrice Merritt. The Bowlings obtained a title insurance commitment, which did not refer to any judgment liens encumbering the property. Several months after that transaction, Franklin Bank, N.A. and NBD Equipment Finance, Inc. (Creditors), sought to execute against the property, ... More...   $0 (06-27-2003 - CO)

Appellant Gary C. Lindros brought an action for specific performance of a contract for the purchase of an oceanfront condominium. At the conclusion of Appellant's case in chief, the trial court granted Appellees' motion for dismissal on the basis that "the plaintiff's proofs failed to satisfy the requirements of the Statute of Frauds, § 725.01, Florida Statutes, in that the plaintiff failed... More...   $0 (06-27-2003 - FL)

Kaminetzky and Hi-Noi Corporation were the record owners of Johanna Square Apartments. In August of 1999, Richardson and Gilmore purchased the property at a foreclosure sale. The instrument that was being foreclosed upon was a purchase-money deed of trust. After the foreclosure sale, Kaminetzky entered the property and attempted to collect rents from tenants, threatened tenants if they did not ... More...   $0 (06-26-2003 - TX)

Petitioner Evergreen Highlands Association, a Colorado non-profit corporation ("Association"), is the homeowner association for Evergreen Highlands Subdivision – Unit 4 ("Evergreen Highlands") in Jefferson County. The subdivision consists of sixty-three lots, associated roads, and a 22.3 acre park area which is open to use by all residents of the subdivision. The Association holds title to and ... More...   $0 (06-17-2003 - CO)

Plaintiff Windham at Carmel Mountain Ranch Association, a California nonprofit mutual benefit corporation (Association), filed this petition for writ of mandate challenging the trial court's order sustaining without leave to amend the demurrer of defendants The Presley Companies, Presley Homes, Presley CMR, Inc., William Lyon Homes, Inc., Carmel Mountain Ranch; Home Capital Corporation, and Hum... More...   $0 (06-17-2003 - CA)

In March 2002, the Board of Directors of the Colchester Towne Condominium Council of Co-Owners (the Association) recorded a lien, pursuant to Code  55-79.84, against a condominium unit owned by Juanita C. James for unpaid condominium assessments. The Association initiated the process for a public sale of the unit, as permitted by Code  55-79.84(I), and notified Wachovia Bank, N.A... More...   $0 (06-09-2003 - VA)

Husband appeals from a judgment that modified his monthly spousal support obligation to wife by reducing it from $6,000 to $3,000. Husband contends that the trial court should have reduced the support award to $250 per month and that, because he is unemployed and has no immediate prospects of finding employment, the court erred in attributing to him potential income of $120,000 per year. Husban... More...   $0 (05-29-2003 - OR)

In this case, plaintiffs seek to certify a class consisting of homeowners who were allegedly denied insurance benefits by 21st Century Insurance Company and 21st Century Casualty Company (both 21st Century) in the aftermath of the January 17, 1994 Northridge earthquake. The trial court denied plaintiffs' class certification motion, finding that common questions of law and fact did not pred... More...   $0 (04-24-2003 - CA)

Woodcrest, a four-building, three-story condominium development, is located in Monroe, Michigan. In 1997, its bylaws prohibited families with children from purchasing or living in units on the second or third floors. The bylaws further provided that if a child moved in with a second- or third-floor owner, the owner would be fined if he or she did not vacate the unit within one year of the child... More...   $0 (04-24-2003 - MI)