Justia Civil Procedure Opinion Summaries

Mary Eich appealed a district court judgment ordering her to vacate property owned by the trustees of the Wilbur Eich and Henrietta Eich Revocable Trust (the “Trust”). In 2015, Mary filed an action seeking to quiet title to 2.5 acres of an 80-acre tract of real property owned by her father, who held title to the property as trustee of his Trust. Mary alleged that her parents had gifted her the 2.5 acres with the intent that she build a home and reside there for the rest of her life. On cross-motions for summary judgment, the district court ruled that there was no valid transfer between Mary and her parents, but permitted Mary to pursue an equitable claim of promissory estoppel. After a bench trial, the district court ruled in favor of Mary and that she had a year to obtain Teton County’s approval to partition the 2.5 acres from the remaining Trust property. If she could not do so within the time prescribed, the Trust would have to pay Mary $107,400 for the value of improvements she had made on the land plus her reasonable relocation costs, and Mary would have to vacate the property. Mary worked for several years to separate the 2.5 acres from the remaining Trust property to no avail. In August 2019, the Trust moved to compel enforcement of the district court’s alternative remedy and for entry of final judgment. In January 2020, a newly assigned district court judge granted the Trust’s motion and entered a declaratory judgment ordering the Trust to pay Mary $107,400, plus reasonable relocation expenses, and for Mary to vacate the property. Mary appealed, arguing that the newly assigned district court judge abused his discretion by deviating from the original judge’s equitable remedy. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s decision ordering Mary to vacate the property and for the Trustees to pay Mary $107,400. View "Eich v. Revocable Trust" on Justia Law

Masiello Real Estate, Inc. appealed a superior court’s conclusions of law on its breach-of-contract, quantum-meruit, and negligent-misrepresentation claims following a bench trial. Masiello’s claims stemmed from seller Dow Williams’ refusal to pay it a real estate commission under their right-to-market agreement. Seller owned a 276-acre property in Halifax and Guilford, Vermont. In 2013, he executed a one-year, exclusive right-to-market agreement with Chris Long, a real estate broker who worked for Masiello. Seller and broker agreed on a $435,000 asking price and a fixed $25,000 broker commission. The agreement had a one-year “tail” that compelled seller to pay the commission if, within twelve months of the agreement’s expiration, seller sold the property and Masiello was the procuring cause. The listing agreement would be renewed several times after negotiations with prospective buyers failed. Michelle Matteo and Torre Nelson expressed an interest in the property. Nelson, having obtained seller’s contact information from seller’s neighbor, contacted seller directly and asked if he was still selling. Between August and September 2016, Nelson and seller discussed the fact that seller wanted $400,000 for the property and buyers wanted seller to consider a lower price. No offer was made at that time. The tail of a third right-to-market agreement expired on September 30, 2016. Between September and November of that year, Nelson and Matteo looked at other properties with the other realtor and made an unsuccessful offer on one of those other properties. Returning to seller, Nelson, Matteo and seller negotiated until they eventually agreed to terms. Believing that it was improperly cut out of the sale, Masiello sued seller and buyers. The superior court concluded that because the property was not sold during the tail period, and because Masiello was not the procuring cause, no commission was due under the contract. The court further held that there was no negligent misrepresentation and that Masiello was not entitled to recovery under quantum meruit. Finding no reversible error in that judgment, the Vermont Supreme Court affirmed. View "Masiello Real Estate, Inc. v. Matteo, et al." on Justia Law

Plaintiffs Ryan and Genevieve Weeden appealed a judgment entered in favor of defendant William Hoffman after the trial court granted Hoffman’s anti-SLAPP motion with respect to the Weedens’ complaint against Hoffman for quiet title, slander of title, and cancellation of an instrument. According to the allegations in the complaint, Hoffman sent the Weedens a letter threatening a forced sale of real property that the Weedens had purchased, based on a judgment lien created when Hoffman recorded an abstract of judgment that he obtained in a long-standing divorce proceeding between Hoffman and his former wife, Pamela Mitchell. The Weedens sought to quiet title to the property by filing this action. In response, Hoffman filed an anti-SLAPP motion, arguing that the conduct underlying the Weedens’ claims against him was protected activity under the anti-SLAPP law and the Weedens were unable to demonstrate a probability of prevailing on their claims. The Court of Appeal concluded the Weedens’ claims arose from protected activity, and that the trial court therefore properly shifted the burden to the Weedens to demonstrate a probability of prevailing on their claims. However, the Court further concluded the litigation privilege provided a defense to only one of the three pleaded causes of action. “The litigation privilege shields a defendant from liability only for tort damages that are based on litigation-related communications; the Weedens’ causes of action for quiet title and cancellation of an instrument do not seek to hold Hoffman liable for tort damages but, rather, seek to ascertain the interests of the parties with respect to a parcel of real property and to determine the validity of an instrument. The litigation privilege does not shield Hoffman from these claims.” Furthermore, the Court found the Weedens sufficiently demonstrated a probability of prevailing on the merits; the documents attached as exhibits to the complaint demonstrated that the abstract of judgment that Hoffman recorded with the county clerk did not accurately reflect the terms of the judgment entered in the divorce proceeding, thereby undermining the validity of the abstract of judgment. The trial court therefore erred in granting Hoffman’s anti-SLAPP motion with respect to the causes of action for quiet title and cancellation of an instrument. Judgment was reversed and the matter remanded for further proceedings. View "Weeden v. Hoffman" on Justia Law

Pheasant Run VI, LLC, Robert Drinkard, and Nancy Drinkard (collectively, “the Drinkards”) appealed a district court’s order renewing a judgment for Alpha Mortgage Fund II (“Alpha”) for $1,842,509.59. Pheasant Run was a company wholly owned by the Drinkards. Pheasant Run obtained a loan from Alpha. Robert and Nancy acted as guarantors for the loan. Pheasant Run ultimately defaulted on the loan and Alpha foreclosed on property the Drinkards used as collateral for the loan. Although Alpha recouped the property, a significant deficiency existed between the amount Pheasant Run owed and the property’s fair market value. Alpha thereafter sued Robert and Nancy for the amount of the deficiency. The Original Judgment was entered in 2010, and renewed in 2015. Alpha did not record the 2015 judgment. In 2020, Alpha moved the district court to again renew the Original Judgment pursuant to Idaho Code section 10-1111. The Drinkards objected, leading to this appeal. The Idaho Supreme Court found the district court did i not err when it granted Alpha’s motion to renew the Original Judgment, even though the 2015 judgment was not recorded: the judgment remained unsatisfied, and Alpha’s motion was filed within five years of the most recently renewed 2015 judgment. Accordingly, judgment was affirmed. View "Alpha Mortgage Fund v. Drinkard" on Justia Law

Property owners sued the Matanuska-Susitna Borough, challenging the validity of easements that cross their property to give access to neighboring residences. The superior court dismissed most of the property owners’ claims on res judicata grounds, reasoning that the claims had been brought or could have been brought in two earlier suits over the same easements. The court also granted the Borough’s motions for summary judgment or judgment on the pleadings on the property owners’ claims involving the validity of construction permits, redactions in public records, and whether the Borough had acquired a recent easement through the appropriate process. One claim remained to be tried: whether the Borough violated the property owners’ due process rights by towing their truck from the disputed roadway. The court found in favor of the Borough on this claim and awarded the Borough enhanced attorney’s fees, finding that the property owners had pursued their claims vexatiously and in bad faith. The property owners appealed. The Alaska Supreme Court concluded the superior court correctly applied the law and did not clearly err in its findings of fact. Therefore, the superior court’s judgment was affirmed. View "Windel v Matanuska-Susitna Borough" on Justia Law

The City of Gulf Shores ("the City") petitioned the Alabama Supreme Court for a writ of mandamus to direct the Baldwin Circuit Court to dismiss tort claims brought against the City. The City contended the claims were barred by the recreational-use statutes found at 35-15-1 et seq., Ala. Code 1975. In June 2018, Sophia Paulinelli (minor) was injured while walking on a wooden boardwalk owned by the City. The boardwalk ran over beach property and allowed pedestrians to access the public beach. In addition to owning the boardwalk, the City owned the beach property on which the boardwalk sat. Sophia was walking on the boardwalk behind a man when the man stepped on a board, causing the board to spring up from the boardwalk. The dislodged board had a screw protruding from it, and the board and screw fell on Sophia's foot, impaling the screw in her big toe. In May 2019, Sophia's father, Ronald Paulinelli, sued the City and fictitiously named defendants claiming negligence and wantonness. The City moved for summary judgment, arguing it was entitled to immunity under the recreational-use statues. Two precedential cases were central to Ronald's argument the City was not entitled to immunity. The Supreme Court found nothing in the record that the City ever presented to the circuit court the arguments that it presented to the Supreme Court regarding the applicability of those decisions. Accordingly, the Court did not consider those arguments, and denied the City's petition. The Court expressed no opinion regarding the merits of Ronald's claims; rather the Court's decision was based on the City's failure to preserve key arguments before the circuit court. View "Ex parte City of Gulf Shores." on Justia Law

Plaintiffs Galvanizers, Inc., and K and K Construction and Repair, Inc., appealed the dismissal of their action against Paul Kautzman seeking to quiet title to real property. Plaintiffs argued the district court erred in dismissing their quiet title action and failed to make sufficient findings to understand the evidentiary and theoretical basis for its decision. After review of the trial court record, the North Dakota Supreme Court affirmed, concluding the court’s findings were sufficient to support its decision dismissing plaintiffs’ complaint. View "Galvanizers, et al. v. Kautzman, et al." on Justia Law

This action concerned a piece of property in Rancho Mirage. At one time, the owners of record were Val Janelunas and his father, Joseph Janelunas, as joint tenants; however, Joseph died, leaving Val as sole owner. Thereafter, Val died. Plaintiff Douglas Humphrey asserted a claim to the property; he filed this action to quiet title to it, and he filed a lis pendens. He served process by publication. None of the named defendants (including Val Janelunas’s heirs) responded. At Humphrey’s request, the trial court entered their default. Thereafter, Peter Bewley became the administrator of Val Janelunas’s estate. He filed a motion to intervene, so he could move to expunge the lis pendens. In response, Humphrey withdrew the lis pendens; the trial court then denied the motion to intervene as moot. Bewley proceeded to sell the property. Humphrey filed a request for a prove-up hearing and a default judgment, to which Bewley objectied. The trial court, on its own motion, quashed the service by publication and vacated the default. Humphrey appealed, contending: (1) service by publication was proper, therefore the trial court erred in quashing service, vacating the default and failing to hold a prove-up hearing; (2) the trial court should not have quashed service as to Val Janelunas’ heirs because Bewley made a general appearance; and (3) the trial court erred in setting aside the default on its own motion because Bewley’s request to have to set aside was untimely. In the published portion of its opinion, the Court of Appeal held the trial court’s order granting the motion to quash was appealable, and in such an appeal the Court could also review its order vacating the default. The Court also held Humphrey did not properly effect service by publication because the notices that he published specified the property only by assessor’s parcel number (APN) and not by either legal description or street address. However, the Court held Bewley made a general appearance. Accordingly, the trial court erred by quashing service on Bewley, but not by quashing service on other parties who had not appeared nor by vacating the default. In the unpublished portion of its opinion, the Court rejected all other contentions raised. View "Humphrey v. Bewley" on Justia Law

Norma Peinhardt and Larry Todd, who sought to sell real property and a divide of the sale proceeds, appealed a trial court's grant of summary judgment entered against them and in favor of Louise Peinhardt and Amelia Peinhardt. The property at issue was originally owned by Louis Peinhardt, who died in 1964. Louis had three children by his first wife Emma: Amelia, Herman ("Louis Jr.") and Louise; Louis had one daughter by his second wife, Marie: Linda Chambers. In 1965, Marie, Linda, and Linda's husband Leon executed a deed granting title to real property to Louis Jr., Amelia, and Louise. In 2006, Louis Jr. filed a complaint seeking a sale for division of the property. For reasons that not entirely clear from the record, the case remained idle at the circuit court for several years. However, on June 22, 2016, Louis Jr. executed a warranty deed in which he purported to convey his interest in the subject property to his wife, Norma Peinhardt ("Norma"), and his stepson, Larry Todd ("Larry"), "as joint tenants with a right of survivorship." In 2020, Amelia and Louise filed a summary-judgment motion in which they contended that a survivorship provision was part of the 1965 deed, and therefore Louis Jr.'s conveyance of his interest in the property to Norma and Larry was a nullity because Amelia and Louise had not granted consent to the conveyance. The Alabama Supreme Court determined the 1965 deed conveyed a joint tenancy in the portion of the subject property at issue rather than a tenancy in common with a right of survivorship. As a result, Louis Jr.'s conveyance of his interest in the portion of the subject property at issue was permissible. Accordingly, the circuit court's grant of summary judgment was issued in error. The matter was remanded for further proceedings. View "Peinhardt v. Peinhardt" on Justia Law

The Sumter County Board of Education ("the SCBE") appealed a circuit court's dismissal of its complaint asserting claims of reformation of a deed, breach of contract, and fraud, as well as seeking declaratory and injunctive relief, against the University of West Alabama ("UWA"); UWA's president Dr. Kenneth Tucker, in his individual and official capacities; and UWA's former president, Dr. Richard Holland, in his individual and official capacities. Because a new high school had been built, in early 2010 the SCBE closed Livingston High School ("LHS"). Shortly thereafter, officials from UWA approached the SCBE about the possibility of purchasing the LHS property. In 2011, a "Statutory Warranty Deed" conveying the LHS property from the SCBE to UWA ("the deed") was executed, and it was signed on the SCBE's behalf by Dr. Morton. The deed did not contain any restrictions on the LHS property or its use. The deed was recorded in the Sumter Probate Court on June 27, 2011. In May 2017, the University Charter School ("UCS") filed an application with the Alabama Public Charter School Commission ("the APCSC") to establish a charter school in Sumter County. In its application, UCS stated that the LHS property was its first choice for the location of the school. The APCSC approved UCS's application in July 2017. In October 2017, it was publicly announced that UWA had an agreement with UCS for UCS to use the LHS property to house its school.3 The SCBE's complaint alleged that in November 2017 the SCBE contacted UWA president Dr. Tucker and "requested that Defendant UWA honor its covenant not to use Livingston High School property as a K-12 charter school." However, UCS continued its preparations, and in August 2018 UCS opened its charter school on the LHS property with over 300 students attending. In May 2018, the SCBE filed the complaint at issue here, and the circuit court ultimately dismissed the complaint. Because the Alabama Supreme Court found that a restrictive covenant in the sales contract violated clear public policies of the Alabama School Choice and Student Opportunity Act, the restrictive covenant was unenforceable. Therefore, the circuit court's judgment dismissing all the claims against the University defendants was affirmed. View "Sumter County Board of Education v. University of West Alabama, et al." on Justia Law