Robert Stewart Law, P.C. has been involved in a wide array of transactional and litigated matters in numerous state and federal courts. Robert Stewart has served as General Counsel for SMS Financial since 2016.
SMS Financial:
Apostolic Assemblies of Jesus Christ, Inc. v. SMS Fin. CP, LLC, 310 So.3d 24 (Fla. App. 2021) - Florida Court of Appeals affirmed District Court decision entering judgment in favor of SMS.
SMS Fin. XXXI, LLC v. Hutson, 190 A.D.3d 1001 (N.Y. App. 2021) - New York Supreme Court (Appellate Division) denied the defendant’s appeal after the lower court entered judgment in favor of SMS holding that SMS properly served the defendant in an action to foreclose a mortgage.
SMS Fin. XXIX, LLC v. Meakins, 2021 WL 2012246 1 (N.J. App. 2021) - New Jersey Superior Court (Appellate Division) affirmed entry of summary judgment defendant.
Smiley Dental-Bear Creek, P.L.L.C. v. SMS Fin. LA, L.L.C., 2020 WL 4758472 1 (Tex. App. 2020) – Texas Court of Appeals of Texas affirmed summary judgment in favor of SMS.
SMS Fin. XXXI, LLC v. Great Locations, Inc., 187 A.D.3d 1087 (2020) – New York Supreme Court (Appellate Division) affirmed mortgage foreclosure judgment in favor of SMS.
SMS Financial Cap One, N.A. v. Wu, 2020 WL 6799138 (N.J. App. 2020) – New Jersey Appellate Court affirmed judgment of foreclosure.
In re SMS Fin. XV, L.L.C., No. 01-19-00850-CV, 2020 WL 573247 (Tex. App. 2020) – Texas Court of Appeals granted petition for mandamus relief.
Jack N. Tedford, Inc. v. SMS Fin. XXVII, LLC, 443 P.3d 553 (Nev. 2019) – Nevada Supreme Court dismissed borrower’s appeal with leave for SMS Financial to apply for attorney fees and costs.
SMS Fin. XXIX, LLC v. O'Dea, 2018 WL 4344305 (N.J. App. 2018) - New Jersey Court of Appeals affirmed that SMS was entitled to a right to foreclose on defendant’s property.
SMS Fin. XXIII, LLC v. Cornerstone Title Co., 19 Cal.App.5th 1092 (Cal. App. 2018) - California Court of Appeals held that SMS Financial, the assignee of a deed of trust, had a right to bring a claim against the title company that improperly recorded a release of a deed of trust.
SMS Fin., LA, LLC v. Kurgan, 2018 WL 3358420 (Cal. App. 2018) – California Court of Appeals affirmed summary judgment entered against defendant.
In re Queen Elizabeth Realty Corp., 2017 WL 1102865 (Bankr. S.D.N.Y. 2017), aff'd, 586 B.R. 95 (S.D.N.Y. 2018) – U.S. District Court affirmed U.S. Bankruptcy Court’s decision permitting SMS Financial to file a late proof of claim.
SMS Fin. J, LLC v. Cast-Crete Corp., 2018 WL 1726434 (M.D. Fla. 2018) – United States District Court affirmed SMS Financial’s request for supplemental proceedings.
SMS Fin. 30, L.L.C. v. Frederick D. Harris, M.D., Inc., 112 N.E.3d 395 (Ohio App. 2018) – Ohio Court of Appeals affirmed judgment after trial. SMS Financial XXVII, LLC v. Davis (7th Cir. 2017) – United States District Court entered summary judgment in favor of SMS Financial.
Appellate Court Decisions:
Mid Kansas Fed. Sav. & Loan Ass'n of Wichita v. Dynamic Dev. Corp., 167 Ariz. 122, 804 P.2d 1310 (1991)
Binkley v. Pinal County, 2 CA-CV 2007-0096, 2008 WL 4638928 (App. Mar. 13, 2008)
Happy Peak, Inc. v. Morgan, 1 CA-CV 07-0047, 2007 WL 5471750 (App. Oct. 30, 2007)
Happy Peak, Inc. v. City of Scottsdale, 1 CA-CV 08-0708, 2009 WL 3526581 (App. Oct. 29, 2009)
Pena v. Opic, 1 CA-CV 09-0401, 2010 WL 1998152 (App. May 18, 2010)
Sandpiper Resorts Dev. Corp. v. La Paz County, 1 CA-CV 08-0637, 2011 WL 2737811 (App. July 14, 2011)
Two Bros. X, Inc. v. Los Carnales Auto Sales, Inc., 1 CA-CV 10-0502, 2011 WL 1259708 (App. Apr. 5, 2011)
Daniel v. WSH Properties, 14-1290 (App. Apr. 6, 2016)
Deutsche Bank National Trust Company v. Pheasant Grove LLC, 245 Ariz. 325, 429 P.3d 558 (App. 2018)
Other Events:
Summary Judgment Granted – September 2016
In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment for real estate owner sued by a bank on all claims for relief including for reformation, quiet title, and declaratory judgment.
Iowa Supreme Court – June 2016
Prevailed in Iowa Supreme Court on Resistance to Petition for further Review.
Commercial Real Property Sold – May 2016
Represented buyer in successful sale of multiple parcels of commercial real property for $5.5 million.
Iowa Court of Appeals - April 2016
Prevailed on appeal with Iowa court of appeals affirming district court ruling.
Shareholder Interest Acquired - February 2016
Achieved company acquisition of minority shareholder interest for $9.8 million.
Employment Dispute Resolved - October 2015
Achieved favorable resolution of employment dispute.
Commercial Real Property Acquired – September 2015
Represented buyer in successful acquisition of multiple parcels of commercial real property.
Company Acquired – June 2015
Represented buyer who acquired 100% of assets of a company in Maricopa County.
Employment Dispute - May 2015
Achieved favorable resolution of employment dispute.
Loan Modification – March 2015
Represented financial institution in closing $9,520,000 loan collateralized by leasehold interest.
Case Dismissed – February 2015
In an action brought in Maricopa County Superior Court, successfully resolved all claims for defamation and breach of contract before 9 day jury trial.
Case Dismissed – October 2014
Obtained dismissal of all claims for relief against defendant real estate brokerage upon Motion to Dismiss based upon statute of limitations defense.
Trial – September 2014
After a trial to the court, obtained judgment on all claims for relief on behalf of defendant real estate brokerage, plus an award of attorneys’ fees and costs.
Arbitration – May 2014
In an action brought in Maricopa County Superior Court, prevailed at arbitration on claims against defendant real estate brokerage.
Company Sold – March 2014
Closed sale of company on behalf shareholder in Maricopa County.
Shareholder Interest Sold – September 2013
Closed sale of shareholder interest in company to remaining shareholders in Maricopa County.
Service Station Sale – July 2013
Closed sale of service station for property owner Maricopa County.
Tower Site Sale – March 2013
Closed sale of perpetual easement for property owner of cell tower site in Pinal County.
Old Master’s Painting Sale – January 2013
Represented owner in sale of Old Master’s Painting through Christie’s auction house in New York for $3,500,000.
Case Dismissal – September 2012
In an action brought in Mohave County Superior Court, obtained settlement on behalf of defendants of all claims for relief in quiet title action.
Case Dismissed - August 2012
In an action brought in Maricopa County Superior Court, obtained dismissal of all claims for relief on behalf of defendants in defamation action.
Case Dismissed – June 2012
In an action brought in Maricopa County Superior Court, obtained settlement on behalf of defendants of all claims for relief in shareholder derivative action.
Arizona Probate Court – March 2012
In a will contest action brought in Maricopa Superior Court, achieved settlement on behalf of heir.
Trial - December 2011
In an action brought in Maricopa County Superior Court, prevailed at trial on all claims for relief.
Arizona Court of Appeals - August 2011
Prevailed on appeal resulting in reversal and remand of the trial court's entry of summary judgment.
Summary Judgment Granted - July 2011
In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment for real estate owner against unlicensed contractor on claims for breach of contract and contracting without a license.
Non-Dischargeability Order Entered – July 2011
In an adversary proceeding before the U.S. Bankruptcy Court in Arizona after proceedings in Arizona Superior Court resulting in a jury verdict for punitive damages, fraud, consumer fraud, and fraudulent concealment, the Court entered Summary Judgment determining that debt owed was obtained through fraud and is non-dischargeable in bankruptcy pursuant to 11 U.S.C. Section 523.
Summary Judgment Granted - May 2011
In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of all of plaintiff's claims for negligence, negligent misrepresentation, and breach of duty.
Case Dismissed - April 2011
In an action brought in Maricopa County Superior Court, plaintiff dismissed all claims after Motion for Summary Judgment was filed on behalf of real estate brokerage requesting dismissal of plaintiff's claims for breach of contract, breach of fiduciary duty, and breach of duty of good faith and fair dealing.
Non-Dischargeability Order Entered – January 2011
In an adversary proceeding trial before the U.S. Bankruptcy Court in Colorado after proceedings in Arizona Superior Court resulting in a Judgment, obtained Order determining that debt owed was obtained through false representation and is non-dischargeable in bankruptcy pursuant to 11 U.S.C. Section 523(a)(2)(A).
Case Dismissed - December 2010
In an action brought in Maricopa County Superior Court, obtained dismissal of remaining claims after prevailing on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.
Trial – November 2010
Prevailed in trial on both property management company's breach of contract claim and defendant's counterclaim, including an award of attorneys' fees and costs.
Trial – October 2010
In breach of contract action involving a commercial lease, prevailed in trial on both client's claim and defendant's counterclaim, including an award of attorneys' fees and costs.
Arizona Court of Appeals – May 2010
Prevailed on appeal in Arizona Court of Appeals which affirmed trial court judgment with jury verdict finding common law fraud, fraudulent concealment, consumer fraud, and breach of contract with an award of compensatory damages, punitive damages, and attorneys' fees and costs.
Summary Judgment Granted – April 2010
Prevailed on Motion for Summary Judgment in an action for breach of a commercial lease brought in Maricopa County Superior Court with an award of all damages requested, plus attorneys' fees and costs.
Nondischargeability Order Entered – March 2010
In a proceeding before the U.S. Bankruptcy Court in Arizona after a trial in Superior Court resulting in a verdict of contractor fraud, obtained Order determining that debt arising out of the fraud is non-dischargeable in bankruptcy.
Department of Real Estate – February 2010
In a proceeding before the Arizona Department of Real Estate, successfully represented designated broker and agents in defending against numerous alleged violations of department rules and statutes concluding with a determination of insufficient evidence to support a finding of any real estate statute or rule violation.
Trial – January 2010
In a trial in Maricopa County Superior Court in a contractor fraud case, prevailed with a verdict finding fraud, consumer fraud, fraudulent concealment, promissory fraud, conspiracy, aiding and abetting tortious conduct, unjust enrichment, and conversion with an award of compensatory plus punitive damages, attorneys' fees, and costs.
Stay of Abatement Order – January 2010
In an action on appeal to the Maricopa County Superior Court upon remand from the Arizona Court of Appeals, prevailed in obtaining stay of abatement order.
Summary Judgment Granted – December 2009
In an action to foreclose the right to redeem interests in real property brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment with a determination that the opposing party had no interest in the subject real property.
Reconsideration Denied – October 2009
In an action brought in Maricopa County Superior Court, prevailed on plaintiffs' Motion for Reconsideration after prevailing on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.
Request for Preliminary Injunction Denied - June 2009
In an action brought in Maricopa County Superior Court, prevailed on behalf of homeowner defeating homeowner association's request for a preliminary injunction in its entirety.
Rule 68 Sanctions and Attorneys' Fees Awarded - May 2009
After prevailing in December 2008 jury trial in Maricopa County Superior Court, prevailed on claim for attorneys' fees and Rule 68 sanctions.
Summary Judgment Granted - April 2009
In an action brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment on behalf of real estate brokerage in which the Court disposed of plaintiffs' claims for fraudulent concealment, unjust enrichment, implied covenant of good faith and fair dealing, non-disclosure, negligence, negligent misrepresentation, and punitive damages.
Abandonment of Homestead Exemption Granted - February 2009
In an action brought in Maricopa County Superior Court, prevailed on Motion to obtain Court declaration that owners had abandoned homestead exemption on certain real property.
Summary Judgment Granted – January 2009
In an action to quiet title to real property brought in Maricopa County Superior Court, prevailed on Motion for Summary Judgment in which the Court determined that the opposing party had no estate or interest whatsoever to the subject real property.
Jury Trial – December 2008
In a six day jury trial in Maricopa County Superior Court in a real estate disclosure case, prevailed with a jury verdict finding common law fraud, consumer fraud, fraudulent concealment, and breach of contract with an award of compensatory plus punitive damages.
Corporate Law – November 2008
Represented majority member and shareholder of premiere Arizona and California real estate brokerage firm in formation of new brokerage entities involving operating, intellectual property, consulting, asset transfer, and licensing issues.
Motion to Compel Granted – October 2008
Prevailed on Motion to Compel production of financial documents for punitive damages claim in Maricopa County Superior Court.
Summary Judgment and Rule 11 Sanctions Granted – September 2008
In Maricopa County Superior Court, prevailed on Motion for Summary Judgment in a real estate disclosure case disposing of claims against clients. Also prevailed on Motion for Rule 11 Sanctions against opposing parties and their counsel.
Resolved Claim – August 2008
Successfully resolved significant claim brought in Maricopa County Superior Court for breach of contract and fraud in favor of client against a major corporate entity.
Condemnation Trial – July 2008
Successfully represented property owner in condemnation trial in Maricopa County Superior Court.
Summary Judgment Granted – July 2008
Prevailed on Motion for Summary Judgment disposing of multiple claims brought against client in a real property dispute.
Summary Judgment Granted – June 2008
Prevailed on Motion for Summary Judgment in favor of landlord client in a breach of contract case brought in Maricopa County Superior Court.
Motion to Dismiss Granted – April 2008
Prevailed on Motion to Dismiss claim against client involving alleged disclosure issues in sale of real property.
Summary Judgment Granted, Upheld in Arizona Court of Appeals –
March 2008
Prevailed on Motion for Summary Judgment in Pinal County Superior Court on decade-long alleged zoning violation dispute involving roping arena. Summary Judgment affirmed by the Arizona Court of Appeals.
Jury Trial – January 2008
Defended corporate client in a three-day breach of contract jury trial in Maricopa County Superior Court.
Summary Judgment Granted – December 2007
Prevailed on a Motion for Summary Judgment on behalf of clients in 35 year old dispute brought in Mohave County Superior Court.
Arbitration – November 2007
Prevailed in Arbitration defeating claim against homebuilder client and securing recovery of all attorneys' fees and costs.
Arizona Court of Appeals – October 2007
Prevailed on appeal in Arizona Court of Appeals securing rights to appeal Abatement Order.
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