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Property Keyed to Sprankling
Effel v. Rosberg
Citation:360 S.W.3d 626 (2012).
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Robert Rosberg (the plaintiff-appellee) settled a different suit with Lena Effel’s (the defendant-appellant) nephews. As part of the settlement, the plaintiff-appellee purchased the property in which the defendant-appellant had been living for 40 years with a term of the settlement being that the defendant-appellant could continue living in the property until the end of her natural life or until she voluntarily vacated the premises. The settlement agreement stated that a lease agreement incorporating the terms of the settlement agreement would be written up and signed before the closing date. The property was deeded to the plaintiff-appellee without mention of the defendant-appellant’s life estate; however, the Effels’ attorney drew up a lease, where the term was listed as being for the duration of the defendant-appellant’s life or until she voluntarily vacated. The lease also included various covenants, including those relating to maintenance, and gave the plaintiff-appellee the power to terminate the lease if the defendant-appellant broke any of the covenants. Three years later, the plaintiff-appellee sent a letter to the defendant-appellant terminating her lease because she had violated two covenants by erecting a wrought iron fence and demanded her to vacate the premises in 10 days. The defendant-appellant did not leave the property.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
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- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.