News & Analysis as of

Residential Real Estate Civil Procedure Family Law

Read Residential Real Estate law updates, news, and legal analysis from leading lawyers and law firms:

Court Holds That Family Member Did Not Owe Fiduciary Duties To Other Family Member

by Winstead PC on

In Walker v. Walker, a son sued his father and brother regarding the ownership of a beach house. No. 14-16-00357-CV, 2017 Tex. App. LEXIS 2742 (Tex. App.—Houston [14th Dist.] March 30, 2017, no pet. history). ...more

Separate Property and Arizona Marital Community Equitable Lien Rights

by Jaburg Wilk on

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Debtor May Still Claim Homestead Exemption Even If He Was Kicked Out

by PretiFlaherty on

The bankruptcy court for the Eastern District of New York found that a debtor who was ordered to vacate his home could still claim an exemption in the property. In a divorce proceeding several months prior to the bankruptcy...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19233, SC19234 - State v. Wright - SC19233, SC19234 Concurrence - State v. Wright - SC19382 - State v. Anthony D. - SC19382 Dissent - State v. Anthony D....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19376 - MERSCORP Holdings, Inc. v. Malloy - Electronic Mortgage Recording Systems, of which currently MERS is the only real player, account for 65% of all CT residential...more

Court Upholds Foreclosure on Taxpayer’s Primary Residence in Satisfaction of Federal Tax Lien

by Miles & Stockbridge P.C. on

In United States v. Smith, 117 AFTR 2d 2016-XXXX (February 8, 2016), the U.S. District Court for the Western District of Washington allowed the Federal government to foreclose on the taxpayers’ primary residence in...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36390 - Folsom v. Zoning Board of Appeals - Trial court properly granted a motion to strike a direct lawsuit by a disgruntled neighbor against the Town Zoning Enforcement...more

Pennsylvania Law Re: Execution Against Entireties Property – Not Entirely Obvious

The Commonwealth of Pennsylvania is one of many jurisdictions in the United States that recognizes a concept known as or similar to “tenancy by the entireties.” This refers to a form of property ownership unique to married...more

Appellate Court Notes

by Pullman & Comley, LLC on

- AC36342 - Budrawich v. Budrawich Post-dissolution motion to modify child support denial was upheld by the Appellate Court due to lack of substantial change in circumstances, when ex-husband’s increased income was not...more

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Appellate Court Notes - Week of March 19

by Pullman & Comley, LLC on

AC35167 - Perugini v. Giuliano: Pro se husband sued his ex-wife’s lawyers claiming violation of the RPC and intentional infliction of emotional distress for failure to disclose the attorney’s past representation of the...more

Debtor v. Bank of America, N.A.; 2:11-ap-01983-VZ

Court Transcript on Summary Judgment HearingCalifornia

by Christine Kingston on

Debtor's counsel successfully defeated this summary judgment motion brought forth by Bank of America, N.A. and a successive motion in this case. A pretrial conference is scheduled for May 23, 2013. The findings of fact...more

Turbervilles Private Client Newsletter - Autumn 2011

by Turbervilles on

Welcome to our autumn newsletter. In this edition, we are pleased to tell you about how Turbervilles has been awarded the Law Society’s prestigious Conveyancing Quality Mark, meaning that the high standards of our...more

I've Been Sued! Understanding the Steps that Lead to a Judgment

by John Skiba on

I have mentioned before that lately I am seeing more people come in for a bankruptcy consultation that have been sued by one of their credit card companies. Usually it is for smaller amounts, less than $5,000. Nothing sends...more

Law Suits, Garnishments & Bankruptcy

by John Skiba on

Lately I have seen an influx of clients who are facing a wage garnishment or who have recently had a creditor garnish their bank accounts. This is likely due to the fact that this bad economy has been going for years now...more

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