Reserve Realty, LLC v. BLT Reserve, LLC
Reserve Realty, LLC v. BLT Reserve, LLC
Opinion of the Court
*151In this action to foreclose a real estate broker's lien, the plaintiffs, The Reserve Realty, LLC (Reserve Realty) and Theodore Haddad, Sr., as executor of the estate of Jeanette Haddad, appeal from the judgment rendered by the trial court in favor of the defendant BLT Reserve, LLC (BLT).
The record discloses the following facts. In July, 2013, the plaintiffs brought a breach of contract action in which BLT was a defendant. See Reserve Realty, LLC v. Windemere Reserve, LLC,
On July 1, 2015, the trial court in the breach of contract action held that the listing agreements between the plaintiffs and BLT on which the lien in the present action is based were invalid and unenforceable. See *160Reserve Realty, LLC v. Windemere Reserve, LLC,
On appeal, the plaintiffs make three claims identical to those made in the appeal from the judgment in their breach of contract action. As the disposition of the claims in the present appeal must be governed by the disposition of the claims in Reserve Realty, LLC v. Windemere Reserve, LLC , supra,
The judgment is affirmed.
Century 21 Scalzo Realty, Inc. (Scalzo Realty) and The Reserve Master Association, Inc., also were named as defendants. The action was withdrawn as to the latter. Scalzo Realty filed a brief adopting BLT's position in this appeal.
General Statutes § 20-325e(a) provides in relevant part: "Whenever one or more real property claims for liens are placed upon any real estate pursuant to section 20-325a, the owner of the real estate, if no action to foreclose the claim is then pending before any court, may make application, together with a proposed order and summons, to the superior court for the judicial district in which the lien may be foreclosed under the provisions of section 20-325a or to any judge thereof, that a hearing or hearings to be held to determine whether the claim for lien or liens should be discharged ...."
On October 5, 2016, BLT, pending the appeal, filed a motion in the trial court to substitute bond for the broker's lien. The trial court granted the motion on December 6, 2016. A hearing was scheduled for January 23, 2016 to establish the amount of bond required. On January 23, 2016, BLT withdrew the motion to substitute bond. These actions have no bearing on the disposition of the present appeal.
Reference
- Full Case Name
- The RESERVE REALTY, LLC v. BLT RESERVE, LLC
- Cited By
- 6 cases
- Status
- Published