CONTRACT/FRAUD: Appeal not moot despite Plaintiff’s purchase of property at sheriff’s sale as Defendant could still redeem… summary judgment for Defendants properly precluded by fact issues as to alleged fraudulent transfer… transaction improperly [Read more…]
Access easement, easement by reference to plat
ACCESS EASEMENT: Transaction documents created valid easement for private access in subdivision by depiction on plat referenced in deed despite no express language or grant of [Read more…]
Banking, subordination agreement
BANKING: Subordination agreement placed bank’s mortgage ahead of seller’s loan, assignee of mortgage stepped into bank’s shoes in all respects, could sell property without notice to borrower or consent of borrower or seller… Wheelis reversed. [Read more…]
Property, specific performance, marital
PROPERTY: Specific performance of buy-sell awarded in divorce affirmed over claim of post-divorce oral agreement… Prezeau affirmed (IOR I-3(d)). [Read more…]
Appellate mediation, property title appeal
APPELLATE MEDIATION: Appeal of property title summary judgment designated as appropriate for mediation as requested by Appellant and over objection of Appellees… order. [Read more…]
Easement/default, fees/costs
EASEMENT/DEFAULT: No abuse of discretion in not setting aside entry of default in easement dispute for failure to present meritorious defense… permanent injunction against interference with easement, harassment of [Read more…]
Easement, lake access, overburdening, scope
EASEMENT: Lake access rights not extinguished based on speculative overburdening, incompatible acts… scope [Read more…]
House construction contract, $392,184 judgment
HOUSE CONSTRUCTION CONTRACT not rescinded after “buyout,” contractor still liable for pre-termination breaches… constructive fraud properly found against [Read more…]
Real estate, home defects, expert
REAL ESTATE: Summary judgment proper for Defendants on house defects claim based on expert’s lack of qualifications… McNeil affirmed (IOR I-3(d)(v)). [Read more…]
Road easement, width, subdivision access
ROAD EASEMENT: Width properly based on historical use, “estimate” in feet dictum, properly used for subdivision access… appeal sanctions denied… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]