Lis Pendens Law
 
United States of America v. Richard Clark a/k/a Rick Clark

Defendant-Appellant Richard Clark was charged and convicted of multiple counts relating to his participation in a “pump-and-dump” securities fraud scheme. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm Mr. Clark’s conviction.

I. Factual and Procedural Background

This case arises from a classic pump-and-dump scheme that was orchestrated principally by Mr. Clark’s c

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Susan Taylor v. Wells Fargo Home Mortgage

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi

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OPY I, LLC v. First American Title Insurance Company, Inc.

OPY I, LLC, sued First American Title Insurance Company, Inc. on a breach of contract theory.

This case involves the interpretation and effect of an order releasing a Lis Pendens. Prior to the sale of the subject property, the Defendant, Orhan Yavuz, filed a suit against the prior owner. As part of the relief requested, Mr. Yavuz asserted a constructive trust against certain real property

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Norman J. Harris v. Susan Marks Harris

Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:

1. Plaintiffs, Norma J. Harris (“Norma”) and Glenn E. Harris (“Bud”) (collectively, “Plaintiffs”), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.

2. The first Defendant, Susan Marks Harris (“Susan Harris”), is an thd

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Debra Chris Montgomery Kroupa Williams v. Robert Ward Williams

Debra Chris Montgomery Kroupa Williams (Debra) appeals a trial court order awarding monetary sanctions and attorney’s fees to Robert Ward Williams (Robert). The appeal hinges on whether Debra violated an order issued in connection with the parties’ divorce. In a single issue, she argues the trial court abused its discretion by sanctioning her because she acted in accordance with the trial cour

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The Bank of New York Mellon v. Miguel Reyes

The Bank of New York Mellon, as Successor Trustee under Novastar
Mortgage Funding Trust 2005-1, appeals from the denial of its Florida Rule of
Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an
unpaid promissory note. Because we conclude that the default final judgment is
void, we reverse.

This action was commenced on April 28, 2009, when t

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Betty Lou Bradshaw v. R.J. Sikes

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of

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Allen F. Glazer v. Gordon A. Jones

A builder sued a homebuyer in a Utah state district court for failing to pay some charges for his home’s construction; the homebuyer counterclaimed, alleging that the construction was defective. Shortly before the Utah state court rendered a judgment, the homebuyer sued the builder in an Idaho state district court, seeking to void the builder’s allegedly fraudulent transfer of a ranch and appu

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Parkwest Homes, LLC v. Julie G. Barnson

This is an appeal from an order granting summary judgment in an action to foreclose a mechanic’s lien by ParkWest Homes, LLC (“ParkWest”) against Julie Barnson (“Barnson”) and Mortgage Electronic Services, Inc. (“MERS”). In ParkWest Homes, LLC v. Barnson, 149 Idaho 603, 238 P.3d 203 (2010) (hereinafter “ParkWest I”), this Court held that ParkWest’s lien on the property was vali

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Richard Turkanis v. Joan M. Price

This is the third appeal we consider in this marital dissolution action between Richard Turkanis and Joan M. Price. In the first appeal, we considered the trial court‟s order after the first of two phases of trial. The purpose of this first phase of trial was to set the value at the date of marriage of a closely held corporation (Radman) formed by Turkanis prior to marriage (the valuation trial)

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Brent McDonald v. Franklin Credit Management Corporation

Brent McDonald, Charlie McDonald, and Elaine McDonald (collectively the McDonalds) appeal the summary judgment granted in favor of Franklin Credit Management Corporation (Franklin). In a single issue, the McDonalds argue for reversal of the summary judgment. We affirm.

BACKGROUND

Charlie McDonald executed a promissory note, and Charlie and Elaine executed a deed of trust, on real pro

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Justin S. Reynolds v. Trout Jones Gledhill Fuhrman, P.A.

Justin S. Reynolds, Kristine Reynolds, and their construction company, Sunrise Development, LLC (collectively, Reynolds) brought a malpractice action against their law firm, Trout Jones Gledhill Fuhrman, P.A., and its attorney-employee, David T. Krueck (collectively, Trout Jones). Reynolds alleged professional negligence in both the drafting of a real estate agreement between Reynolds and Quasar D

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Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc.

Aventura Management, LLC (Appellant) seeks review of a final order granting summary judgment to Spiaggia Ocean Condominium Association, Inc. (Appellee). We reverse.

In July 2008, Appellee initiated lien foreclosure proceedings against the owner of unit #402 (the Unit) in the Spiaggia Ocean Condominium located at 9499 Collins Avenue in Surfside. In July of 2009, Appellee obtained a default f

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VCS, Inc. v LaSalle Development, LLC

¶1 VCS, Inc. claims it acquired a valid mechanic’s lien on an Ogden subdivision by performing work as a general contractor. Utah Community Bank (UCB) claims an interest in the same Og-den subdivision, an interest it acquired by extending a construc-tion loan—secured by a deed of trust—to the subdivision’s owner.

¶2 This case involves a dispute over the validity of VCS’s me-chani

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Candace Louise Curtis v. Anit Kay Brunsting

This appeal concerns the scope of the probate exception to federal subjectmatter jurisdiction in the wake of the Supreme Court’s decision in Marshall v. Marshall. The Plaintiff contends that, under Marshall, her claims for breach 1 of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree.

I.

In 1996, Elmer H. and Nelva E. Br

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Richard O. Wolfe, II v. Culpepper Constructors, Inc.

This appeal and cross-appeal arise from a contract dispute following the construction of a large addition to and remodeling of a historic residence owned by appellants/cross-appellees, Richard O. Wolfe, II, and his wife, H. Michelle Wolfe. The appellee/cross-appellant, Culpepper Constructors, Inc. (Culpepper), was the general contractor on the project. We affirm in part and reverse in part. We rev

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National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to

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Aneita J. Weaver v. John Jamar

This is a contract dispute between appellant Aneita J. Weaver and her nephew, appellee John Jamar. It arises from a loan Weaver made to Jamar enabling him to purchase a townhouse, which he was to renovate and ultimately resell for profit. Following a bench trial, the trial court awarded title of the property and attorney’s fees to Weaver while awarding construction expenses to Jamar—all at fiv

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Blue Star Palms, LLC v. LED Trust, LLC

The petitioners, Blue Star Palms, LLC, and Blue Star Briar, LLC (together, “Blue Star”), seek a writ of certiorari quashing a circuit court order denying their motion to dissolve a writ of lis pendens. Finding insufficient allegations and evidence of a nexus between (a) the plaintiffs/respondents’ claims against Blue Star and (b) the condominium units owned by Blue Star, we grant the writ an

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David Dee v. Brian Horton

¶1 Appellant Brian Horton (Horton), appeals from an order below granting Appellees David Dee and Sandra A. Dee's (collectively, the Dees), emergency request to order release of Horton's Mechanic's Lien and Lis Pendens notice (collectively, Lien). The Order on appeal does not determine the action nor does it prevent a judgment and later appeal after trial of all pending issues. The Dees' Motion to

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Yorktown Holding, LLC v. Stephen P. Wallace

Yorktown Holding, LLC, W.H. Land Company, LLC and 2005 LRJ, LLC sued Stephen P. Wallace, Marty Roma Jage, Edith L. Jackson, Vilia T. Jage, Michael P. Jage and Joan Godlove on quite title theories.

Plaintiffs claimed:

Plaintiff, Yorktown Holding, received title to the Subject Property by Partnership/Trustee’s Deed filed October 20, 2006, at Doc. #2006121364 (Exhibit B), and by

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Riverview Park Estates, LLC v. Imperial Investments, LLC

Riverview Park Estates, LLC sued Imperial Investments, LLC, Stephen C. Pereff, Stephen Pereff, Inc., Pereff Properties, Michael J. King, S. Gregory Pittman and Winters, Kin & Associates on equitable relief, quite title, conversion, slander of title and other theories.

Stephen N. Pereff counterclaimed on a conversion, fraud, tortious interference with contractual relations, civil conspira

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Christina Allen v. James N. Ciokewicz

¶1 James N. Ciokewicz (Husband) appeals from the Decree of Divorce entered by the trial court, arguing that the court erred in striking his answer and entering a default judgment in favor of Christina Allen (Wife). Husband further asserts that he did not receive constitutionally adequate notice of the property division hearing. In addition, Husband claims that the trial court erred by failing to

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Joe Cullen v. Paul Corwin

Plaintiffs Joe and Marieanne Cullen stated alternate counts1 that alleged defendants Paul and Geraldine Corwin acted either negligently or fraudulently in failing to disclose the defective condition of the garage roof when the Corwins sold a vacation home to the Cullens.2

The Corwins moved for summary judgment on the ground that the statute of limitations had expired. The trial court grante

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Joanna M. Blythe v. Atlas Industrial Enterprises, Inc.

Petitioners seek certiorari review of an order requiring them to post a bond in the amount of $747,143 “so long as the lis pendens filed by and on their behalf remains valid and enforceable as to Respondent’s properties identified therein,” as well as a subsequent order discharging the lis pendens as to one of the parcels at issue.

We conclude that the trial court departed from the es

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AK Morlan
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