• DeSantis v. Lenox Place Condo. Ass'n, Inc.

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 570 C.D. 2023

    Appellant appealed the trial court's order dismissing her complaint with prejudice. The court vacated and remanded with directions, holding that the trial court's order was a legal nullity where the trial court acted before its original jurisdiction had revested after an earlier remand from the court.

  • Borio v. Cwynar

    Publication Date: 2024-06-14
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10159 OF 2020, C.A.

    Defendant home sellers sought summary judgment in buyers' action alleging misrepresentations regarding the property. The court granted in part and denied in part defendants' motion, holding that plaintiffs alleged viable claims for fraud and violation of the Unfair Trade Practices and Consumer Protection Law, negligent misrepresentation, and breach of contract where plaintiffs claimed defendants failed to disclose known plans for an industrial limestone mine near the home that plaintiffs purchased. The court held that plaintiffs had n

  • Kalch v. McDougle

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7907 CIVIL 2023

    Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.

  • Stoley v. Wampler

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 712 WDA 2023

    The court vacated the lower court's judgment entered in this quiet title dispute over lot boundaries and modified and remanded with instructions for the trial court to determine how much of the disputed area of the property at issue the plaintiffs possess and then reconsider their quiet title claim.

  • Custodio v. Mabrantes, LLC

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 002094-CV-2022

    The court conducted a non-jury trial in plaintiff homebuyer's action for fraud and related claims against defendant sellers. The court found in favor of plaintiff, holding that defendants, an experienced home renovation contractor and his company, violated the Real Estate Seller Disclosure Law and committed common law fraud by intentionally failing to disclose that the renovated home was previously uninhabitable due to widespread contamination from animal waste.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Lisowitz v. Graboyes

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Roberts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3004 EDA 2023

    The court recommended that the Superior Court affirm its order denying defendant's emergency petition for a stay of a writ of ejectment emergency.

  • Steinbeiser v. Wertz

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 823 WDA 2023

    Appellants waived defense that statute precluded appellees from obtaining relief by not raising the statute in an answer and new matter. Judgment of the trial court affirmed.

  • Lasak v. Lasak

    Publication Date: 2024-05-24
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6896 CV 2023

    The court granted defendants' demurrer to deed reformation for mutual mistake.

  • Cheunes v. Lycoming County Tax Claim Bureau

    Publication Date: 2024-05-24
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-01266

    The court granted a petition to set aside an upset tax sale of 4 acres of vacant land because plaintiff never saw the notice of tax sale posted at the premises and never received any written notice of tax sale.

  • Xie v. Xie

    Publication Date: 2024-05-10
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 004957-CV-2015

    Plaintiff sought partition of real property that she owned with defendant. The court ordered the property partitioned, calculated the amounts owed between the parties in light of credits based upon amounts paid and the property's fair rental value for pertinent periods, and set out proper disbursement amounts for any sale proceeds, depending upon the parties' intentions for the property's final disposition.