X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted November 19, 2002

Before FERREN, STEADMAN, and TERRY, Senior Judges.*fn1

This appeal arises from a dispute between St. James Mutual Homes (“St. James”), a cooperative housing corporation, and Tracy Andrade, one of its former members. After a non-jury trial, the court awarded Mr. Andrade the return of what the parties have referred to as “membership monies,” which are the initial payments made to St. James when someone becomes a member of the cooperative, plus interest and court costs.*fn2 The trial court also denied St. James’ counterclaim for unpaid “carrying costs” – i.e., the monthly payments a member makes to the cooperative. St. James argues on appeal (1) that the court erred in ruling that Mr. Andrade’s claim for the return of his membership monies was not barred by the statute of limitations; and (2) that the court’s denial of its counterclaim for unpaid carrying costs was based on an erroneous interpretation of the Occupancy Agreement. We affirm the judgment on Mr. Andrade’s claim and hold that it was not barred by the statute of limitations, but on a ground different from that relied upon by the trial court. With respect to St. James’ counterclaim, we reverse the judgment and remand the case for further proceedings.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Our client, one of the premier family law boutiques in Chicago, is seeking to add a family law attorney to support their growing practice. ...


Apply Now ›

Widener University is currently seeking an Assistant Dean for Career Development at the Delaware Law School. Reporting to the Dean of the L...


Apply Now ›

June-August 2024 Environmental and Land Use - Associate Attorney (1-3 years) Adams Broadwell Joseph & Cardozo is acc...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›