CRS Mechanical v. Norfolk Cold Storage
Case Details
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- summary judgment
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court granted plaintiffs' motion for summary judgment on defendants' counterclaim for attorney's fees, finding that defendants' declaratory judgment counterclaim was impermissible because it merely duplicated issues already before the court and sought no independent affirmative relief.
Excerpt
Granting Plaintiffs' motion for summary judgment against defendants' counterclaims for declaratory relief because each requested declaration either duplicates issues already joined by the pleadings or seeks relief beyond this Court's jurisdiction. Granting Defendant/Counter-Plaintiff/Third-Party Plaintiff TMC's Traditional Motion for Partial Summary Judgment on Termination against Plaintiff/Counter-Defendant City Choice. Although City Choice's termination notice was clear and unequivocal; its tender of its termination notice was not the exercise or acceptance of an option, and is therefore, not subject to the "strict compliance" standard applicable to the exercise or acceptance of options; and it substantially complied with notice provisions in exercising its right to terminate, it estopped from obtaining specific performance of the contract it purported to terminate. Denying TMC's Motion for Summary Judgment Against Third Party Defendant City Select Title for Release of the Independent Consideration. TMC does not seek a simple declaration from this Court that TMC is entitled to receipt of the Independent Consideration at the execution of the final judgment in this case. Instead, TMC seeks the immediate (i.e., pre-judgment) release of the Independent Consideration. But it must instead comply with the statutory requirements for a writ of attachment. Granting in part and denying in part Defendants' motion to dismiss under Rule 91a because the pleadings fail to state a legally cognizable claim for breach of contract or for veil piercing, and the fraud claim is adequately pleaded. This opinion addresses Defendant's plea to the jurisdiction which challenged the Court's jurisdiction over Plaintiff's third-party claims filed against multiple subcontractors who performed work on a construction project. The Court denied Defendant's plea to the jurisdiction, concluding the third-party claims met the definition of an "action arising out of a qualified transaction" under Sectio
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