BUY-SELL: Buy-Sell and Amendment constituted enforceable contract for former ski area which sellers breached by adding Public Access provision… Marks affirmed. [Read more…]
Common-law marriage, probate
COMMON-LAW MARRIAGE properly found for husband in probate following wife’s death… Brown affirmed. [Read more…]
Title insurance, rehearing denied in convoluted case
TITLE INSURANCE: Rehearing denied in convoluted title insurance case… Order. [Read more…]
Title insurance, “Pro Forma” commitments, subdivision
TITLE INSURANCE: Claims against title insurer’s agency properly rejected in convoluted case involving subdivision “lots,” proposed reconfigured divisions into “parcels” or “tracts” which never happened, and “Pro Forma” commitments with unmet requirements… Marks affirmed (other grounds). [Read more…]
Settlement challenge, banks’ “check kiting” scheme
SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
Settlement challenge, banks’ check-kiting scheme
SETTLEMENT CHALLENGE: Adversary proceeding against 2 of Ch. 11 Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 5 years earlier… passive nondisclosure not grounds to invalidate release… adversary proceeding dismissed for failure to state claim but Trustee granted limited leave to amend… Holt. [Read more…]
$2,998.962.51, usurious merchant cash advance financing
AVOIDANCE CLAIMS involving preference & usury claims arising from merchant cash advance financing of restaurants resolved in favor of Trustee… Trustee entitled to recover money in segregated account plus attorney fees for total judgment of $2,998,962.51 subject to conditional reduction of any imputed interest included in preference judgment… Holt. [Read more…]
Water, disputed point of diversion
WATER: Location of disputed point of diversion properly resolved in favor of claimants… Russ McElyea affirmed. [Read more…]
Real estate, seller’s disclosure, agent’s knowledge
REAL ESTATE: Knowledge of seller’s disclosure of oil pit imputed to agent for statutes of limitations, claims time-barred… attempt to avoid performance of partnership purchase agreement properly rejected… Townsend affirmed. [Read more…]
Failure to prosecute, dismissal after favorable liability
FAILURE TO PROSECUTE: Undisclosed fire damage case properly dismissed without notice despite Plaintiff having received a favorable liability ruling before allowing it to languish in damages stage. . . Halligan affirmed. [Read more…]