Wyndham Vacation Resorts, Inc. (“Wyndham”) appeals the partial final summary judgment entered in favor of Timeshares Direct, Inc. d/b/a/ Timeshares by Owners and Michael Starr (collectively, “Timeshares Direct”), after the court denied its claim for injunctive relief under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”).1 For the following reasons, we reverse the partia

This is an appeal from the trial court‟s dismissal of plaintiff‟s lawsuit based on a finding of an enforceable forum-selection clause. Appellant argues that the trial court erred in dismissing his claims against Xinsurance and Evolution Insurance Brokers (“EIB”) and in denying his motion to modify the order of dismissal. We affirm the judgment of the trial court.

FACTUAL AND PROCEDU

Plaintiff, Up-Cycled Materials, LLP (“UM”), for its claims for relief against Defendants alleges and states as follows:

PARTIES

1. UM is an Oklahoma limited liability company, with its principal place of business in Broken Arrow, Oklahoma. UM is in the business of, among other things, recyclingpstindustrial and post-consumer plastics, converting it into reusable material, and

Tom Escue sued Triton Fight Center Ltd., Co. dba TRiton Fight School, Piet Wilhelm and Alex Wallace on negligence theories.

COMES NOW Tom Escue, for himself individually and for an4 On behalf of Dillon Escue, his minor child, and amends the orginal Petition in this case for the purpose of adding and joining Alex Wallace as a defendant to this lawsuit and hereby state and re-state their cau

Jimmy J. Clifton sued Williford Energy Company on a breach of contract, conversion of revenue proceeds, fraud, wrongful misrepresentation and concealment and breach of fiduciary duty theories.

Williford counter-claimed on unjust enrichment, conversion, fraud, wrongfully mispresentation and concealment and breach of fiduciary duty theories.

The claimed made and defenses asserted are

Chandramouli Vaidyanathan brought suit against Seagate US LLC and Seagate Technology LLC (collectively, Seagate), alleging a violation of Minnesota Statutes section 181.64, false statements as inducement to entering employment, and a common law claim of promissory estoppel. The jury returned a verdict for Vaidyanathan on his statutory claim, awarding him $1.9 million in damages. The district court

The plaintiff, Mireille Desrosiers, appeals from the partial summary judgment1 rendered by the trial court in favor of the defendants Diageo North America, Inc. (Diageo) and Lawrence D. Levine.2 On appeal, the plaintiff claims that the court erred in granting in part the defendants’ motion for summary judgment (1) on the claim alleging discrimination based on a perceived disability because it im

In this action arising from a corporate merger, the defendant Michael J. Parrella, Sr.,1 appeals from the judgment of the trial court, rendered after a jury trial, in which the jury awarded damages to the plaintiffs, Jerrold M. Metcoff and David B. Wilson, for losses they sustained as a result of misrepresentations made to them by the defendant in and at the time of the merger agreement. On appeal

This is an interlocutory appeal from an order denying appellants’ motions to dismiss under the expert-report provisions of Chapter 74 of the Texas Civil Practice and Remedies Code. We reverse and remand.

I. BACKGROUND

Our factual recitation is based upon appellees’ live pleading. Appellees Nickolas and Teresa Martin are the survivors of decedent Jim Martin. Decedent received a li

¶ 1. Plaintiff Richard Daniels is seeking foreclosure of a mortgage on two parcels of real property owned by defendant Elks Club of Hartford, Vermont (the Club). Defendant creditors, who include the Vermont Human Rights Commission (VHRC), four individual women, and the Watts Law Firm (Watts), all have junior security interests in the property at issue and oppose foreclosure. Credito

[¶1] In this appeal, we are asked to determine the enforceability of contracts, executed in settlement of contentious litigation, by which minority shareholders agreed to sell their stock in a corporation back to that corporation in order to resolve claims alleging breaches of fiduciary duties by corporate officers and directors. Although the minority shareholders explicitly disclaimed reliance o

On November 9, 2006, Charles McKenna entered into a loan refinancing agreement with Wells Fargo Bank, N.A., evidently to help pay for his children's college education. As part of the transaction, Charles McKenna and his wife, Suzette McKenna, granted Wells Fargo a mortgage on their residence in South Orleans, Massachusetts. On the same day, Wells Fargo provided the McKennas with a disclosure form

The motion for rehearing filed by appellee The Lynd Company is granted. This court’s opinion and judgment dated April 25, 2012 are withdrawn, and this opinion and judgment are substituted.

This appeal involves issues arising out of a summary judgment proceeding and a bench trial on damages, statutory interest, and attorney’s fees. The key issue on the summary judgment is whether a mat

Jay Miller & Sundown, Inc. (“Sundown”) appeals the summary judgment granted in favor of Camp Dresser & McKee Inc. (“CDM”) on the ground that Sundown’s claim for tortious interference with contract was barred by the statute of limitations. Sundown argues that the statute of limitations was not available to CDM as a defense because CDM was properly joined in the action as a responsible thi

In this interlocutory appeal,[2] appellant Glencrest Resources, LLC complains that the trial court erred by certifying this case as a class action. Appellants Leonard Edward Briscoe Jr., Doris Briscoe, and Rosanna Briscoe, as heirs to the estate of Leonard Briscoe Sr. (collectively, the Briscoe defendants) complain that the trial court erred by failing to dismiss them from the suit. We overrule

Appellants Subodh Sonwalkar, M.D. and Wolley Oladut, M.D. held partnership units in appellee St. Luke’s Sugar Land Partnership, L.L.P (“the Partnership”). They applied for a temporary injunction to enjoin the Partnership and its managing partner, appellee St. Luke’s Community Development Corporation—Sugar Land (the “Managing Partner”) from terminating their partnership interests and

Appellees, Cypress/GR Houston I, L.P., Cypress/GR Houston, Inc., and Cypress Equities, Inc. (collectively, “Cypress”),1 moved for rehearing of our January 19, 2012 opinion. We grant the motion for rehearing, withdraw our January 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Cypress’s February 24, 2012 motion fo

Appellant Back Bay Spas, Inc. ("Back Bay"), seeks specific performance of a contract -- termed the "Letter Agreement" -- giving it the right to purchase the space it occupies in a building slated for conversion to condominium units. Three factors complicate the scenario: (1) the other party to the Letter Agreement needed the written consent of its mortgage bank for the sale, but no such writing e

Life Investors Insurance Co. of America (Life Investors) filed a breach of contract action against John M. Corrado1 and Federal City Region, Inc.2 (collectively referred to as Corrado) for allegedly breaching a Settlement Agreement that existed between the parties. Life Investors also sought a declaratory judgment that Life Investors had not violated the Settlement Agreement and determining that i

This action, removed from Massachusetts Superior Court, involves residential condominium units in a development along Boston's Battery Wharf. Plaintiff Kenneth Edlow appeals the 12(b)(6) dismissal of his suit against the developer RBW, LLC, in which he sought to rescind his purchase of a condominium unit, to recoup his deposits on a second unit, and to recover damages. Mr. Edlow also appeals the d

¶1 The dispute in this case stems from the purchase of a house built in Park City, Utah. Mr. Yates built the house and lived in it for approximately two years. The Reighards then purchased the house from him. After living in the house for over two years, the Reighards discovered mold in some of the windows and walls and sued Mr. Yates.

¶2 The jury found in favor of the Reighards on thei

Affordable Power, L.P., an electricity reseller, sued Dilip Tandan and Matthew Vere. Affordable Power predicated its suit on claims for a sworn account, fraud, and breach of contract in connection with a contract between Affordable Power and an entity called Cross Media Fort Worth, LLC (CM–Fort Worth).

The trial court granted a directed verdict against Tandan on the sworn account because

Albert Morris appeals the trial court’s judgment awarding $6,396.91 in disgorged attorney’s fees to Lisa Coffman. Coffman sued Morris, an attorney, for fraud in connection with his representation of her in a civil suit against her employer. After a bench trial, the trial court awarded damages to Coffman and issued findings of fact and conclusions of law in support of its judgment. In three iss

We hold there is substantial evidence to support the finding that appellant was not covered by liability insurance in connection with claims brought against her by tenants of an apartment building that she co-owned. We also hold that in connection with the insurer‟s action against appellant and others to recover the costs of settling those claims, there is substantial evidence to support the tri

Come now Plaintiffs, Jason L. Banister and Meshanda Freeman Banister, and for their cause of action against Defendant, First Tennessee Bank, allege and state as follows:

1. Plaintiffs, Jason L. Banister and Meshanda Freeman Banister, are residents of Oklahoma County.

2. The transaction that is the subject of the lawsuit took place in Oklahoma County.

3. Defendant, First