Justia Civil Procedure Opinion Summaries

The Supreme Court of Maryland has ruled that the term "rent" under Real Property § 8-401, as applied to residential leases, refers to the fixed, periodic payments a tenant is required to make for use or occupancy of a rented premises. This definition excludes additional charges such as late fees, attorney’s fees, and court costs. The court also ruled that any provision in a residential lease that allows a landlord to allocate payments of "rent" to other obligations, thereby subjecting a tenant to eviction proceedings based on failure to pay "rent", violates Real Property § 8-208(d)(2). Further, penalties for late payment of rent, capped at 5% of the monthly amount of rent due, are inclusive of any costs of collection other than court-awarded costs. Finally, the court ruled that the Circuit Court erred in declining to review the merits of the tenants’ second renewed motion for class certification. The case has been remanded for further proceedings in line with these holdings. View "Westminster Management v. Smith" on Justia Law

In this case, the Supreme Court of North Carolina was asked to consider whether the Court of Appeals erred in reversing and remanding the trial court’s decision to grant summary judgment in favor of the defendant, a landlord, in a lawsuit brought by the plaintiff, a tenant. The plaintiff had suffered serious burns in an explosion caused by a gas leak in the rental property. He claimed that the landlord had been negligent, violated the Residential Rental Agreements Act (RRAA), and breached the implied warranty of habitability.The Supreme Court held that the Court of Appeals erred in reversing the trial court’s decision. The Court found that the plaintiff had failed to provide any evidence that he had notified the landlord of the issues with the flooring or the heating system, or that the landlord had any actual knowledge of these issues. Consequently, the landlord's duty under the RRAA had not yet arisen. Therefore, the landlord could not be held liable for negligence, violation of the RRAA, or breach of the implied warranty of habitability.The Court further clarified that the RRAA does not completely abrogate the common law principle of caveat emptor (let the buyer beware) in relation to repairs and dangerous conditions on leased residential premises. The RRAA only imposes a duty on the landlord to make repairs after receiving notice or acquiring actual knowledge of the need for them. Therefore, the Court reversed the decision of the Court of Appeals on all of the plaintiff's claims, reinstated the trial court's order granting summary judgment in favor of the defendant, and dismissed the matter. View "Terry v. Pub. Serv. Co. of N.C" on Justia Law

In this case, Charles Crowder bought a property owned by Delores Blevins at a tax sale. After the purchase, Crowder took possession of the property and made improvements. Subsequently, Blevins sought to redeem the property following the statutory procedures. The Jefferson Probate Court granted Blevins's redemption petition and entered a judgment in her favor. Crowder then filed a postjudgment motion to set aside that judgment and a Rule 60(b)(4) motion to vacate the judgment, both of which the probate court denied.In his appeal, Crowder contested the process of service arguing that he had not been properly served with Blevins's redemption petition. He claimed that the signature on the return receipt was not his and that he had moved out of the address where the service was delivered before Blevins filed the redemption petition. However, Crowder both received and sent correspondences to and from the contested address after he claimed to have moved. Moreover, he did not deny that the signature on the return receipt was his at any point during the proceedings in the probate court.The Supreme Court of Alabama dismissed the appeal in part and affirmed the probate court's judgment. It found that Crowder failed to file a timely appeal concerning the probate court's judgment on the merits. Additionally, the court concluded that the probate court's judgment was valid and properly denied Crowder's Rule 60(b)(4) motion. View "Crowder v. Blevins" on Justia Law

The Michigan Supreme Court, in a per curiam opinion, addressed the applicability of the Recreational Land Use Act (RUA) and the owner-liability provision of the Michigan Vehicle Code to a case involving a fatal off-road vehicle (ORV) accident. The accident occurred on private land owned by the defendants, also the grandparents and vehicle owners, and involved their 12-year-old granddaughter. The plaintiff, mother of the deceased, sought to hold the defendants liable.The court held that the RUA, which limits a landowner's liability for injuries occurring during recreational activity on their property to instances of gross negligence or willful and wanton misconduct, applies in this case. It found that the RUA applies to the plaintiff's proposed owner-liability claim, which is premised on the defendants' ownership of the vehicle involved in the accident. The court reasoned that the longstanding nature of owner liability when the RUA was enacted, the RUA's detailed provisions and lack of an exception for owner liability, and the optimal effect given to both statutes under this interpretation, indicate that the legislature intended the RUA to limit owner liability under the Michigan Vehicle Code.Since the plaintiff did not challenge the lower court's finding that there was no factual support for gross negligence on the part of the defendants, the court affirmed the trial court's decision granting the defendants' motion for summary disposition and denying the plaintiff's motion to amend her complaint. View "Estate Of Riley Robinson v. Robinson" on Justia Law

In this case, plaintiffs Lee Anne and John Savoia-McHugh sued defendant Michael Glass, alleging misconduct related to real estate investment transactions. Despite being served with the complaint, Glass did not respond to the complaint, the amended complaint, written discovery requests, a motion to compel, or a subpoena over a period of 15 months. Consequently, the plaintiffs requested and were granted an entry of default. Glass later engaged counsel and moved to set aside the default, arguing that his delayed appearance was not willful, that he had established meritorious defenses, and that setting aside the default would not prejudice the plaintiffs. However, the district court denied his motion and entered a default judgment against him.The United States Court of Appeals for the Eleventh Circuit affirmed the district court's decision, holding that Glass willfully defaulted. The court noted that despite Glass's contention that he was not served with the complaint or the amended complaint, he acknowledged receipt of several other legal documents related to the case. Furthermore, Glass's excuse that he was confused and did not understand the need to act until the magistrate judge’s order was deemed inadequate. As a result, the court concluded that Glass displayed an intentional or reckless disregard for the judicial proceedings, which negated a finding of good cause to set aside the default. View "Savoia-McHugh v. Glass" on Justia Law

The plaintiff, Lourenco DoCouto, appealed a decision by the Superior Court of Rhode Island that dismissed his case against defendants Blue Water Realty, LLC and Louis Bachetti. The dispute centered around a property DoCouto claimed he had an option to purchase. DoCouto argued that the Superior Court erred in applying the doctrine of res judicata, dismissing his complaint for failure to timely serve defendants, and in determining that the District Court had jurisdiction over his equitable claims in the eviction proceedings.The Supreme Court of Rhode Island affirmed the Superior Court's decision. The court found that the parties in the eviction proceedings were the same or in privity with the parties in the present case. It also determined that DoCouto’s counterclaim in the eviction proceedings had alleged the same facts and arose out of the same transactions as those set forth in the current complaints. Therefore, the doctrine of res judicata applied, barring DoCouto’s claims.Moreover, the court disagreed with DoCouto’s claim that the District Court lacked jurisdiction over his equitable claims. As the eviction action pertained to a lease agreement, the court held that the District Court had the requisite jurisdiction over DoCouto’s equitable claims according to the Rhode Island statute. Lastly, the court rejected DoCouto’s argument that the District Court lacked jurisdiction over his request for compensatory damages for services rendered because the amount in controversy exceeded the statutory limit relative to District Court jurisdiction. The statutory maximum set forth had no bearing on the District Court’s subject matter jurisdiction over landlord-tenant cases such as this one. View "DoCouto v. Blue Water Realty, LLC" on Justia Law

In this case, the Iowa Supreme Court reviewed a dispute involving property owners David and Jeanie Vaudt and Wells Fargo Bank, which held the mortgage on neighboring property owned by Fredesvindo Enamorado Diaz and Denice Enamorado. The Vaudts had installed a landscaping barrier that encroached on the Enamorado's property. When the Enamorados disputed the boundary, the Vaudts filed a petition to quiet title, claiming boundary by acquiescence and adverse possession. Wells Fargo moved to dismiss the claims, arguing they were time-barred by a one-year statute of limitations related to property transfers by trustees. The district court agreed with Wells Fargo, citing a previous Iowa Supreme Court ruling (Heer v. Thola).The Vaudts appealed, asking the Supreme Court to overrule Heer. They argued their claims arose from the conduct of the Enamorados' predecessors in interest, not the transfer of property by the trustee's deed. The Supreme Court agreed with the Vaudts, stating that Heer incorrectly interpreted the statute of limitations, which applies specifically to claims arising from transfers by trustees, not to all adverse claims. The court overruled Heer, rejecting its broad application of the one-year statute of limitations to boundary-by-acquiescence claims.The court reversed the district court's dismissal of the Vaudts' claims, remanding the case for further proceedings. View "Vaudt v. Wells Fargo Bank, N.A." on Justia Law

The Nebraska Supreme Court ruled in a dispute involving property tax assessment after a real estate property was damaged by fire due to arson. The issue at the core of the case was whether a fire caused by arson could be considered a "calamity" under state law, thus entitling the property owner, Inland Insurance Company, to a reduction in their property's assessed value.The Tax Equalization and Review Commission (TERC) had upheld the decision of the Lancaster County Board of Equalization, maintaining the assessed value of the property without considering the damage caused by the fire as a calamity. The TERC interpreted the word "calamity" as referring only to natural events.On appeal, the Nebraska Supreme Court disagreed with TERC's interpretation of the term "calamity." The court held that the term, as used in state law, encompasses any disastrous event, not just natural disasters. The language of the law, the court reasoned, did not limit calamities to natural events. The court therefore reversed TERC's decision and remanded the case for further proceedings. The court did not consider the Board of Equalization's cross-appeal, which argued that certain tax statutes were unconstitutional, due to a procedural issue. View "Inland Ins. Co. v. Lancaster Cty. Bd. of Equal." on Justia Law

A dispute arose between SunStone Realty Partners X LLC (SunStone) and Bodell Construction Company (Bodell) over the postjudgment interest rate applied to a domesticated Hawaii judgment in Utah. Following arbitration in Hawaii over construction defects in a condominium development, SunStone obtained a judgment against Bodell exceeding $9.5 million, which it domesticated in Utah. Bodell requested the Utah court to apply Utah's lower postjudgment interest rate instead of Hawaii's higher one. SunStone opposed this, arguing that the Utah Foreign Judgment Act (UFJA) required the application of Hawaii's rate, or alternatively, that their contract or principles of comity mandated the Hawaii rate.The Supreme Court of the State of Utah affirmed the district court's decision to apply Utah's postjudgment interest rate. The court found that the UFJA, which does not specifically address postjudgment interest, instructs Utah courts to treat a foreign domesticated judgment like a Utah judgment for enforcement purposes. Since postjudgment interest serves, at least in part, as an enforcement mechanism, the UFJA requires the imposition of Utah’s postjudgment interest rate. Further, the construction contract did not require the application of the Hawaii postjudgment interest rate. The court did not consider principles of comity because the UFJA mandates a result. View "Sunstone Realty v. Bodell Construction" on Justia Law

The case involves a dispute over rights-of-way on federal land in Utah. Kane County and the State of Utah (collectively, "Kane County") have filed multiple lawsuits seeking to establish title to hundreds of these roads under an old statute known as Revised Statute (R.S.) 2477. The Southern Utah Wilderness Alliance and several other environmental groups (collectively, "SUWA") have sought to intervene in these lawsuits to oppose Kane County's claims and to argue for a narrow interpretation of any rights-of-way that are recognized.In this appeal, the Tenth Circuit Court of Appeals determined that the district court incorrectly denied SUWA's motion to intervene on the issue of "scope," which concerns the use and width of any recognized rights-of-way. The court held that SUWA's interests in this issue were not adequately represented by the United States, which also opposed Kane County's claims but had broader responsibilities and interests to balance. However, the court affirmed the district court's denial of SUWA's motion to intervene on the issue of "title" (i.e., whether Kane County has a valid claim to the roads under R.S. 2477), because SUWA's interests on this issue were adequately represented by the United States. The case was sent back to the lower court for further proceedings consistent with the appeals court's decision. View "Kane County v. United States" on Justia Law