Recently in Property Law Category

In an action for breach of an agreement to pay a construction company for building a condominium, summary judgment for plaintiffs is reversed where the contract was exempt from the requirements of the Interstate Land Sales Full Disclosure Act because Florida law provided plaintiffs with the remedy of injunctive relief to force defendant to finish construction of the condominium within two years, and thus the contract was one "obligating" defendant to do so.

Read Stein v. Paradigm Mirasol, LLC, No. 08-10983

Appellate Information

Filed September 30, 2009

Judges

Opinion by Judge Carnes

In an action seeking a declaration regarding ownership rights in property owned by the tenancy-in-common, defendants' appeal from the district court's order to disburse funds voluntarily deposited in a court registry is dismissed as moot, where the funds had already been disbursed to a nonparty in accordance with that order.

Read San Francisco Residence Club, Inc. v. 7027 Old Madison Pike, LLC, No. 09-11059

Appellate Information

Filed September 23, 2009

Judges

Opinion by Judge Pryor

In an action concerning the use and control of a street, summary judgment for plaintiffs is reversed where there was no ambiguity in the property's restrictive covenants as to whether the rights reserved to defendant's predecessor flowed to its successors and assigns.

Read Callahan v. Point Clear Holdings, Inc., No. 08-14634

Appellate Information

Filed August 12, 2009

Judges

Opinion by Judge Anderson

In an action for breach of a lease agreement, summary judgment for plaintiff is reversed where, when an assignment contract gives the assignor "sole discretion" to withhold consent to the assignee's proposed sublease, the assignor's exercise of that discretion is not subject to a commercial reasonableness standard.

Read Mac East, LLC v. Shoney's, No. 07-11534

Appellate Information

Filed August 11, 2009

Judges

Per Curiam

In an action seeking a declaration that Defendant-Insurer's policy obligated it to defend certain real estate fraud claims in state court, summary judgment for Plaintiff is reversed, where none of the losses alleged in the underlying lawsuit were covered by the unambiguous terms of the policy.

Read St. Paul Fire & Marine Ins. Co. v. ERA Oxford Realty Co. Greystone, LLC, No. 08-13374

Appellate Information

Filed on June 23, 2009

Judges

Before WILSON, KRAVITCH and ANDERSON, Circuit Judges.

Opinion by Judge Kravitch