The Second Department dismissed claims against a notary and title company after an impostor conveyed another person’s property using identification that was not obviously false.
The Second Department upheld dismissal of a mortgage foreclosure after the lender waited roughly 15 years to seek more time for service and offered no excuse for the delay.
The published majority agreed the townhome was technically a mixed asset because the husband acquired ownership before marriage, but affirmed the distribution. The evidence attributed zero percent of the separation-date value to a proven separate component and 100 percent to the marital component. A partial dissent would have vacated for further classification and valuation.
The published panel affirmed summary judgment against dissolution. The record showed the LLC could continue operating consistently with its agreement, and liquidation was not necessary to protect the member’s rights under G.S. 57D-6-02. A trial judge’s oral reference to nonexistent motions did not displace the signed written orders.
Case Ruth A. Fuessley, Neal Gilbertson, and Stephanie Gilbertson v. City of Cedar Rapids, Iowa Court Iowa Court of Appeals
Case Norma Dominguez, et al. v. Nancy Suarez Court Florida Third District Court of Appeal Judge Gordo; Lobree; Gooden Date
Case Waste Management of Georgia, Inc. v. Dasht, LLC Court Court of Appeals of Georgia Judge Barnes, P. J.; Markle,
Case U.S. Bank Trust National Association v. Xiaowei He Court Ohio Court of Appeals, Tenth District Judge EDELSTEIN, J. (elected
Case State ex rel. Bristolville 25 Developer, L.L.C., et al. v. The Village of Lordstown et al. Court Supreme Court
Case Kseniya Parfenova v. Hedington Square Homeowners’ Association, Inc. Court Court of Appeals of Georgia Judge Not specified Date Decided
Case Debra P. Smith et al. v. Sandra P. Whitlock et al. Court Court of Appeals of Georgia Judge Dillard,
Case Carson Blackwell et al. v. 5 AIF Juniper 2, LLC Court Court of Appeals of Georgia Judge Doyle, P.
Case The Bank of New York Mellon v. Achyut M. Tope et al. Court Connecticut Appellate Court Judge Moll; Westbrook;
Case State ex rel. Sommers Development Group, L.L.C. v. Cuyahoga County Board of Elections Court Supreme Court of Ohio Judge
Case Holy Trinity Ukrainian Catholic Church v. Township of Collier Court U.S. Court of Appeals for the Third Circuit Judge
The Commonwealth Court held that a school district’s new access drive did not constitute land development and that substantial evidence supported the zoning board’s traffic-safety finding.
The Commonwealth Court held that the high bidder at a disapproved upset tax sale lacked a legally enforceable interest supporting intervention and could not appeal orders entered before he became a party.
Case Chan Yip Tong David (alias Chan Sow Lang) v Chan Yip Tong Franklin (alias Chan Sow Fatt) Court General
The First District upheld a $1.2 million future-rent award because it compensated actual lease loss and the tenant did not prove greater mitigation.
The Alaska Supreme Court held that pre-partnership property stays outside domestic-partnership division and extended marital-property tracing rules to unmarried partners.
The Alabama Supreme Court enforced a tenant’s exercised purchase option where the sellers’ closing agent failed to provide timely figures, while requiring a new closing date and continued occupancy accounting.
The Alabama Supreme Court held that volunteer and State-agent immunity protected planning participants, defeating a developer’s respondeat-superior negligence claim against Fairhope and its commission.
The Alabama Supreme Court upheld striking a late summary-judgment response and Rule 54(b) certification, but reversed the trial court’s dismissal of claims that the partial judgment did not resolve.
The Indiana Court of Appeals affirmed stalking and perjury convictions based on a years-long campaign of false property claims despite repeated court rulings.