Summary of Recent Events

Robert Stewart & Associates, P.C. is actively involved in a wide array of transactional matters and litigated matters in numerous state and federal courts.  A summary of recent events and rulings is set forth below.

Appellate Court Decisions:

Mid Kansas Fed. Sav. & Loan Ass'n of Wichita v. Dynamic Dev. Corp., 167 Ariz. 122, 804 P.2d 1310 (1991)

Binkley v. Pinal County, 2 CA-CV 2007-0096, 2008 WL 4638928 (App. Mar. 13, 2008)

Happy Peak, Inc. v. Morgan, 1 CA-CV 07-0047, 2007 WL 5471750 (App. Oct. 30, 2007)

Happy Peak, Inc. v. City of Scottsdale, 1 CA-CV 08-0708, 2009 WL 3526581 (App. Oct. 29, 2009)

Pena v. Opic, 1 CA-CV 09-0401, 2010 WL 1998152 (App. May 18, 2010)

Sandpiper Resorts Dev. Corp. v. La Paz County, 1 CA-CV 08-0637, 2011 WL 2737811 (App. July 14, 2011)

Two Bros. X, Inc. v. Los Carnales Auto Sales, Inc., 1 CA-CV 10-0502, 2011 WL 1259708 (App. Apr. 5, 2011)

Daniel v. WSH Properties, 14-1290 (App. Apr. 6, 2016)

There was an error retrieving your RSS feed

Summary Judgment Granted – September 2016

 

In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment for real estate owner sued by a bank on all claims for relief including for reformation, quiet title, and declaratory judgment.

Iowa Supreme Court – June 2016

 

Prevailed in Iowa Supreme Court on Resistance to Petition for further Review.

Commercial Real Property Sold – May 2016

 

Represented buyer in successful sale of multiple parcels of commercial real property for $5.5 million.

Iowa Court of Appeals - April 2016

 

Prevailed on appeal with Iowa court of appeals affirming district court ruling. 

Shareholder Interest Acquired - February 2016

Achieved company acquisition of minority shareholder interest for $9.8 million.

Employment Dispute Resolved - October 2015

 

Achieved favorable resolution of employment dispute.

Commercial Real Property Acquired – September 2015


Represented buyer in successful acquisition of multiple parcels of commercial real property.


Company Acquired – June 2015

 

Represented buyer who acquired 100% of assets of a company in Maricopa County.


Employment Dispute - May 2015

 

Achieved favorable resolution of employment dispute.

 

Loan Modification – March 2015


Represented financial institution in closing $9,520,000 loan collateralized by leasehold interest.


Case Dismissed February 2015


In an action brought in Maricopa County Superior Court, successfully resolved all claims for defamation and breach of contract before 9 day jury trial.


Case Dismissed – October 2014

 

Obtained dismissal of all claims for relief against defendant real estate brokerage upon Motion to Dismiss based upon statute of limitations defense.

 

Trial – September 2014


After a trial to the court, obtained judgment on all claims for relief on behalf of defendant real estate brokerage, plus an award of attorneys’ fees and costs.


Arbitration May 2014


In an action brought in Maricopa County Superior Court, prevailed at arbitration on claims against defendant real estate brokerage.


Company Sold – March 2014

 

Closed sale of company on behalf shareholder in Maricopa County.


Shareholder Interest Sold – September 2013

 

Closed sale of shareholder interest in company to remaining shareholders in Maricopa County.

 

Service Station Sale – July 2013

 

Closed sale of service station for property owner Maricopa County.

 

Tower Site Sale – March 2013

 

Closed sale of perpetual easement for property owner of cell tower site in Pinal County.

Old Master’s Painting Sale – January 2013

 

Represented owner in sale of Old Master’s Painting through Christie’s auction house in New York for $3,500,000.

Case Dismissal – September 2012

In an action brought in Mohave County Superior Court, obtained settlement on behalf of defendants of all claims for relief in quiet title action.

Case Dismissed - August 2012

In an action brought in Maricopa County Superior Court, obtained dismissal of all claims for relief on behalf of defendants in defamation action.
 
Case Dismissed – June 2012

 

In an action brought in Maricopa County Superior Court, obtained settlement on behalf of defendants of all claims for relief in shareholder derivative action.

 

Arizona Probate Court – March 2012


In a will contest action brought in Maricopa Superior Court, achieved settlement on behalf of heir.

Trial - December 2011

In an action brought in Maricopa County Superior Court, prevailed at trial on all claims for relief.

Arizona Court of Appeals - August 2011

Prevailed on appeal resulting in reversal and remand of the trial court's entry of summary judgment.

Summary Judgment Granted - July 2011

 

In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment for real estate owner against unlicensed contractor on claims for breach of contract and contracting without a license.

Non-Dischargeability Order Entered – July 2011

 

In an adversary proceeding before the U.S. Bankruptcy Court in Arizona after proceedings in Arizona Superior Court resulting in a jury verdict for punitive damages, fraud, consumer fraud, and fraudulent concealment, the Court entered Summary Judgment determining that debt owed was obtained through fraud and is non-dischargeable in bankruptcy pursuant to 11 U.S.C. Section 523. 

Summary Judgment Granted - May 2011

In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of all of plaintiff's claims for negligence, negligent misrepresentation, and breach of duty.

 

Case Dismissed - April 2011 
 

In an action brought in Maricopa County Superior Court, plaintiff dismissed all claims after Motion for Summary Judgment was filed on behalf of real estate brokerage requesting dismissal of plaintiff's claims for breach of contract, breach of fiduciary duty, and breach of duty of good faith and fair dealing.

Non-Dischargeability Order Entered – January 2011  

In an adversary proceeding trial before the U.S. Bankruptcy Court in Colorado after proceedings in Arizona Superior Court resulting in a Judgment, obtained Order determining that debt owed was obtained through false representation and is non-dischargeable in bankruptcy pursuant to 11 U.S.C. Section 523(a)(2)(A).


Case Dismissed - December 2010

 

In an action brought in Maricopa County Superior Court, obtained dismissal of remaining claims after prevailing on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.

 

Trial – November 2010

 

Prevailed in trial on both property management company's breach of contract claim and defendant's counterclaim, including an award of attorneys' fees and costs.


Trial – October 2010

 

In breach of contract action involving a commercial lease, prevailed in trial on both client's claim and defendant's counterclaim, including an award of attorneys' fees and costs.


Arizona Court of Appeals –
 May 2010

 

Prevailed on appeal in Arizona Court of Appeals which affirmed trial court judgment with jury verdict finding common law fraud, fraudulent  concealment, consumer fraud, and breach of contract with an award of compensatory damages, punitive damages, and attorneys' fees and costs.

 
Summary Judgment Granted – April 2010

 

Prevailed on Motion for Summary Judgment in an action for breach of a commercial lease brought in Maricopa County Superior Court with an award of all damages requested, plus attorneys' fees and costs.

Nondischargeability Order Entered – March 2010 

In a proceeding before the U.S. Bankruptcy Court in Arizona after a trial in Superior Court resulting in a verdict of contractor fraud, obtained Order determining that debt arising out of the fraud is non-dischargeable in bankruptcy
.

Department of Real Estate – February 2010 

In a proceeding before the Arizona Department of Real Estate, successfully represented designated broker and agents in defending against numerous alleged violations of department rules and statutes concluding with a determination of insufficient evidence to support a finding of any real estate statute or rule violation.

Trial – January 2010
 
In a trial in Maricopa County Superior Court in a contractor fraud case, prevailed with a verdict finding fraud, consumer fraud, fraudulent concealment, promissory fraud, conspiracy, aiding and abetting tortious conduct, unjust enrichment, and conversion with an award of compensatory plus punitive damages, attorneys' fees, and costs
.
 
 
Stay of Abatement Order – January 2010

In an action on appeal to the Maricopa County Superior Court upon remand from the Arizona Court of Appeals, prevailed in obtaining stay of abatement order.

Summary Judgment Granted – December 2009

 

In an action to foreclose the right to redeem interests in real property brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment with a determination that the opposing party had no interest in the subject real property.

 

Reconsideration Denied – October 2009

 

In an action brought in Maricopa County Superior Court, prevailed on plaintiffs' Motion for Reconsideration after prevailing on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.

 

Request for Preliminary Injunction Denied - June 2009

 

In an action brought in Maricopa County Superior Court, prevailed on behalf of homeowner defeating homeowner association's request for a preliminary injunction in its entirety.

 

Rule 68 Sanctions and Attorneys' Fees Awarded - May 2009

 

After prevailing in December 2008 jury trial in Maricopa County Superior Court, prevailed on claim for attorneys' fees and Rule 68 sanctions.

Summary Judgment Granted - April 2009 

In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.

 

Abandonment of Homestead Exemption Granted - February 2009

 

In an action brought in Maricopa County Superior Court, prevailed on Motion to obtain Court declaration that owners had abandoned homestead exemption on certain real property.

 

Summary Judgment Granted – January 2009

 

In an action to quiet title to real property brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment in which the Court determined that the opposing party had no estate or interest whatsoever to the subject real property.


Jury Trial
December 2008

 

In a six day jury trial in Maricopa County Superior Court in a real estate disclosure case, prevailed with a jury verdict finding common law fraud, consumer fraud, fraudulent concealment, and breach of contract with an award of compensatory plus punitive damages.

 

Corporate Law – November 2008

 

Represented majority member and shareholder of premiere Arizona and California real estate brokerage firm in formation of new brokerage entities involving operating, intellectual property, consulting, asset transfer, and licensing issues.

 

Motion to Compel Granted – October 2008

Prevailed on Motion to Compel production of financial documents for punitive damages claim in Maricopa County Superior Court.

Summary Judgment and Rule 11 Sanctions Granted – September 2008

 

In Maricopa County Superior Court, prevailed on Motion for Summary Judgment in a real estate disclosure case disposing of claims against clients.  Also prevailed on Motion for Rule 11 Sanctions against opposing parties and their counsel.

 

Resolved Claim – August 2008

 

Successfully resolved significant claim brought in Maricopa County Superior Court for breach of contract and fraud in favor of client against a major corporate entity.

 

Condemnation Trial – July 2008

Successfully represented property owner in condemnation trial in Maricopa County Superior Court.

Summary Judgment Granted – July 2008

 

Prevailed on Motion for Summary Judgment disposing of multiple claims brought against client in a real property dispute.

 

Summary Judgment Granted – June 2008

 

Prevailed on Motion for Summary Judgment in favor of landlord client in a breach of contract case brought in Maricopa County Superior Court.


Motion to Dismiss Granted – April 2008

Prevailed on Motion to Dismiss claim against client involving alleged disclosure issues in sale of real property.

Summary Judgment Granted, Upheld in Arizona Court of Appeals –
March 2008

Prevailed on Motion for Summary Judgment in Pinal County Superior Court on decade-long alleged zoning violation dispute involving roping arena.  Summary Judgment affirmed by the Arizona Court of Appeals.

 

Jury Trial – January 2008

 

Defended corporate client in a three-day breach of contract jury trial in Maricopa County Superior Court.

Summary Judgment Granted – December 2007

 

Prevailed on a Motion for Summary Judgment on behalf of clients in 35 year old dispute brought in Mohave County Superior Court.


Arbitration – November 2007

 

Prevailed in Arbitration defeating claim against homebuilder client and securing recovery of all attorneys' fees and costs.

 

Arizona Court of Appeals – October 2007

 

Prevailed on appeal in Arizona Court of Appeals securing rights to appeal Abatement Order.

Web Hosting Companies