Sued seller for breach of warranty deed and won

[Zigner]

As it stands, it’s not clear the op would receive any money judgment. He has listed nothing that would allow for a money judgment. It sounds more like it was simoly a declaratory or injunctive judgment removing the easement.

That's true, but that's a different matter - we were just trying to clear up what the OP (might have) meant by his statement

 

[justalayman]

True and just as with knowing how many licks it takes to get to the center of a tootsie pop, we may never know, unless the op returns with more info

 

[LdiJ]

As it stands, it’s not clear the op would receive any money judgment. He has listed nothing that would allow for a money judgment. It sounds more like it was simoly a declaratory or injunctive judgment removing the easement.

He said that he was going to be getting a judgment amount for attorney fees and damages.

 

[Zigner]

He said that he was going to be getting a judgment amount for attorney fees and damages.

No, he said that he was going to have a hearing relating to attorney fees and damages. Nothing has been stated that shows he would be entitled to or awarded either...

 

[LdiJ]

No, he said that he was going to have a hearing relating to attorney fees and damages. Nothing has been stated that shows he would be entitled to or awarded either...

Nothing to show that he wouldn't either. He seemed pretty positive.

 

[Zigner]

Nothing to show that he wouldn't either. He seemed pretty positive.

He's shown clearly that he doesn't really understand the process.

 

[justalayman]

He said that he was going to be getting a judgment amount for attorney fees and damages.

No he didn’t. He said there has been no hearing to set damages as of yet. He is hoping to be awarded all the miscellaneous costs but truth is, he isn’t due much of anything under the law.

 

[justalayman]

Nothing to show that he wouldn't either. He seemed pretty positive.

Unless there is a basis to be awarded attorney fees (contractual, statutory), Mass Shysters statement regarding “American rule” means op isn’t getting what he thinks he is. In most situations a plaintiff simply pays for their own legal costs. Without those costs, I can’t see where the op was financially damaged which is going to be the basis for the amount of any award.

 

[quincy]

Unless there is a basis to be awarded attorney fees (contractual, statutory), Mass Shysters statement regarding “American rule” means op isn’t getting what he thinks he is. In most situations a plaintiff simply pays for their own legal costs. Without those costs, I can’t see where the op was financially damaged which is going to be the basis for the amount of any award.

Although it would be smart of us to wait for tim's clarification , I could see damages be awarded to tim if the seller started removing trees or bulldozing tim's property to create a road (easement) to landlocked property.

 

[justalayman]

Although it would be smart of us to wait for tim's clarification , I could see damages be awarded to tim if the seller started removing trees or bulldozing tim's property to create a road (easement) to landlocked property.

Of course but nothing of the sort has even been suggested but a fair suggestion

 

[quincy]

Of course but nothing of the sort has even been suggested but a fair suggestion

Right. Right now we are all guessing.

I was simply responding to your, "I can't see where the op was financially damaged..."

I can see where tim could have been financially damaged.