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  • Bolus v. Wright

    Publication Date: 2023-04-03
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21 CV 5016

    The court granted defendants' motion for summary judgment and dismissed plaintiff's claim for damages on the grounds that the damage to the property occurred prior to the time plaintiff was in possession of and the owner of the property.

  • G.V. Homes, Inc. v. Frempong

    Publication Date: 2023-04-03
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Younge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 0206

    Defendants' attempts to relitigate matters previously decided by other judges were inapposite where the sole issue in an ejectment action was a tax lien purchaser's right to eject defendants from residential property. The trial court awarded possession to the plaintiff and recommended that its decision be affirmed on appeal.

  • Francis v. LCP N. Third, LLC

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Construction | Real Estate
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 665 EDA 2022

    Court affirmed verdict in breach of contract action where sufficient evidence supported finding that defendant breached contractual obligation by not intending to promptly complete property construction, which prevented plaintiff from closing on the property and making a profit on the sale. Order and judgment of the trial court affirmed.

  • Wojciak v. Pustova

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5716 CIVIL 2022

    Defendants could not assert a counterclaim for invasion of privacy in plaintiffs' suit to eject them and recover possession of residential real property. The trial court sustained plaintiffs' preliminary objection to the invasion of privacy claim. To the extent defendants failed to plead a separate counterclaim with sufficient particularity, the court sustained plaintiffs' preliminary objection and allowed defendants to re-plead the claim.

  • Pignetti v. Commonwealth Dep't of Transp.

    Publication Date: 2023-03-27
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1196 C.D. 2021

    Pennsylvania Department of Transportation appealed trial court's finding that landowners used two non-contiguous parcels for a unified purpose and were entitled to have the board of viewers assess damages as if the parcels were one parcel and court found trial court used the wrong legal standard and landowners did not establish they used the parcels for a unified purpose. Reversed.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Prensky v. Talaat

    Publication Date: 2023-03-20
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 636 WDA 2022

    Appellant appealed a trial court order setting out the terms of the parties' agreement to settle their property trespass dispute and court found the order was not final, did not contain an injunction and was not appealable. Appeal quashed.

  • Misitis v. Weaver

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: GD20-11000

    Court terminated conservatorship for property where there was a pending foreclosure that precluded the appointment of a conservator and where the conservator had failed to discharge their duties. Intervenor's motion to terminate conservator granted.

  • Stumpo v. Camp

    Publication Date: 2023-03-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 78 of 2021, G.D.

    Claims to quiet title and adverse possession failed where evidence clearly showed that defendants owned the disputed property and had permitted plaintiff to use the disputed portions during the entire length of defendants' ownership of their parcel.

  • Maiella v. Joseph

    Publication Date: 2023-02-27
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10870 of 2021, C.A.

    Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.

  • Brown v. Monroe County Tax Claim Bureau

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5781 CV 2022

    The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.