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Real Estate

WyomingCivil ProcedureReal Estate
Wyoming Supreme Court
Uncategorized

Lewis v. Wolfe — Quiet Title Decree Naming “Husband and Wife” Creates Tenancy by Entirety Under Longstanding Wyoming Common Law

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The Wyoming Supreme Court affirmed dismissal of a daughter’s declaratory judgment action seeking to establish that her late father’s interest in real property passed to his estate rather than to her mother by survivorship. The court held that a 2012 quiet title decree identifying the parents as “Husband and Wife” created a tenancy by the entirety under longstanding Wyoming common law, and that the 2023 codification of that presumption in Wyoming Statute § 34-1-140(b) merely clarified — rather than changed — pre-existing law.

IowaReal Estate
Supreme Court of Iowa
Uncategorized

Chickasaw County Board of Review v. Growmark — Iowa Supreme Court Holds Unattached Propane Tanks Are Nontaxable Equipment

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A unanimous Iowa Supreme Court held that eleven 90,000-gallon propane storage tanks resting unattached on concrete saddles are nontaxable “equipment” under Iowa Code § 427A.1(1)(d), not taxable “improvements,” and overruled its longstanding rule construing tax statutes against the taxing body or taxpayer.

GeorgiaBreach of ContractEvidence & DiscoveryReal Estate
Uncategorized

Gamma Homes v. Atlanta Real Estate Specialty Group — Court of Appeals Reverses Involuntary Dismissal in Property Management Dispute

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The Court of Appeals reversed an involuntary dismissal in a property management dispute, holding that the property owner’s testimony alone was sufficient to prove damages and that excluded software reports were admissible as both business records and admissions by a party opponent.

CaliforniaContract InterpretationFamily LawReal Estate
California Court of Appeal, First District, Division One
Uncategorized

McConnell v. Jahnke — Court of Appeal Holds Spouse Assuming Mortgage Need Not Remove Ex from the Loan

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The California Court of Appeal, First District, holds that a marital settlement provision awarding one spouse the home ‘and all debts thereon’ does not include an implied obligation to remove the other spouse from the mortgage — practitioners must draft that term explicitly.

New YorkBreach of ContractCivil ProcedureReal Estate
Appellate Division, Fourth Department
Uncategorized

Broadway Warehouse v. Buffalo Barn — Fourth Department Rejects “Fees on Fees” Under Commercial Lease

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The Fourth Department held that a standard commercial lease attorney’s fees clause does not authorize “fees on fees” — recovery of fees incurred to collect a prior attorney’s fee award — absent unmistakably clear contractual language, and further held that failure to object to a referee’s denial of CPLR 5001 prejudgment interest waives that argument on appeal.

New YorkCivil ProcedureReal EstateTax
Appellate Division, Fourth Department
Uncategorized

Syracuse University v. City of Syracuse — Court Reverses Sua Sponte Dismissal, Grants RPTL 420-a Exemption

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The Fourth Department reversed the sua sponte dismissal of Syracuse University’s tax-assessment challenge, holding that RPTL 525(2)(a) is not jurisdictional and cannot be invoked after a municipality expressly waives it, and granted the University a full RPTL 420-a educational-use exemption on summary judgment.

New YorkBreach of ContractContract InterpretationReal Estate
Appellate Division, Fourth Department
Uncategorized

University Hill Realty v. Akl — Broker Commission Claim Revived Based on Post-Expiration Text Messages

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The Fourth Department reversed summary judgment for property-owner defendants and reinstated a real estate broker’s commission claim, finding that post-expiration text messages discussing incoming offers created a triable issue whether the parties formed an implied-in-fact contract for brokerage services.

TexasPersonal Injury & TortReal Estate
Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)
Uncategorized

Texas Cordia Construction v. Cantu — Private Government Contractor Cannot Invoke Interlocutory Appeal as “Governmental Unit”; Derivative Sovereign Immunity Fact Question Survives Plea to Jurisdiction

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The Thirteenth Court of Appeals dismissed a private contractor’s interlocutory appeal of a denied plea to the jurisdiction because a private LLC is not a “governmental unit” under § 51.014(a)(8); treating the filing as a mandamus petition, the court denied relief because the contractor’s own contract gave it sole responsibility for means and methods of construction, raising a fact question that defeats derivative sovereign immunity — a doctrine the Texas Supreme Court has not yet adopted.

TexasCivil ProcedureOil & GasProbate
Texas Court of Appeals, Fifteenth District
Uncategorized

Parker v. Parrack — Court Cannot Declare Rights of Non-Party in Adverse Possession Dispute Over Family Ranch; Fiduciary-Duty Deed Challenge Fails on Sufficiency Review

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The Fifteenth Court of Appeals affirmed the jury’s finding that a sister did not breach her fiduciary duty in accepting a deed to mineral executive rights from her brother, but vacated the adverse-possession declaration because the company asserting ownership was never joined as a party, rendering the declaration advisory and jurisdictionally void.

TexasAppellate ProcedureCivil ProcedureOil & Gas
Texas Court of Appeals (Second District, Fort Worth)
Uncategorized

Atmos Energy v. DPC Parker Properties — Order Enforcing Rule 11 Settlement Does Not Function as a Temporary Injunction and Is Not Subject to Interlocutory Appeal

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The Fort Worth Court of Appeals dismissed Atmos Energy’s interlocutory appeal of a trial court order enforcing a Rule 11 mediated settlement in an eminent-domain dispute, holding that the order did not function as a temporary injunction because it compelled performance based on the parties’ own agreement rather than any merits determination.

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