Reserve Realty, LLC v. Windemere Reserve, LLC
Reserve Realty, LLC v. Windemere Reserve, LLC
Opinion of the Court
*154In this action to foreclose a real estate broker's lien, the plaintiffs, The Reserve Realty, LLC (Reserve Realty) and Theodore Haddad, Sr., as executor *155of the estate of Jeanette Haddad, appeal from the judgment rendered by the trial court in favor of the defendant, Windemere Reserve, LLC (Windemere).
The record discloses the following facts. In July, 2013, the plaintiffs brought a breach of contract action in which Windemere 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 agreements between the plaintiffs and Windemere on which the lien in the present *156action is based were invalid and unenforceable. See Reserve Realty, LLC v. Windemere Reserve, LLC , supra,
On appeal, the plaintiffs make three claims identical to those made in their appeal from the judgment in their breach of contract action. As the disposition of the claims in the present action must be governed by the disposition of the claims in Reserve Realty, LLC v. Windemere Reserve, L LC , supra,
The judgment is affirmed.
Century 21 Scalzo Realty, Inc. (Scalzo Realty) was named as a defendant in this action. It filed a brief adopting Windemere's position in the present 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, Windemere moved 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, 2106, to establish the amount of bond required. On January 27, 2016, the broker's lien was substituted with a surety bond. This substitution has no bearing on the outcome of the present appeal.
Reference
- Full Case Name
- The RESERVE REALTY, LLC v. WINDEMERE RESERVE, LLC
- Cited By
- 6 cases
- Status
- Published