TERMS: Real property | Real estate law | Real estate litigation | real estate transactions | deeds | deed of trust | earnest money contract | contract for sale | arbitration clauses | residential construction disputes | home owners' associations | assessment | deed restrictions | restrictive covenants | lien | foreclosure | title dispute | title insurance | trespass to try title suit | real estate fraud | fraudulent acts | condemnation | taking | eminent domain | homeowner insurance | mold claim | water damage | homestead exemption | disputes over property line | conflicts with neighbors | association rules | disputes with builders and contractors | subconstractors |
Association Prevails in Dispute Over Assessments and Lien, and Collect Attorneys Fees Too
Haas v. Ashford Hollow Comm’ty Improvm’t Ass’n (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Seymore) [homeowner law, suit to collect assessment, lien on property, foreclosure, attorney’s fees] AFFIRMED: Opinion by Justice Seymore Before Justices Anderson, Edelman and Seymore) 14-05-00071-CV John R. Haas and Frances Rawlings Haas v. Ashford Hollow Community Improvement Assoc., Inc.Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
Title Insurance Company Prevails in Dispute Between Neighbors Over Property Line
Koenig v. First American Title Ins. Co. (Tex.App.- Houston [14th Dist.] Dec. 14, 2006)(Anderson) [home owner law, title insurance policy, coverage dispute, exception, exclusion, disputed property, adverse possession, summary judgment] AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-00209-CV Michael Koeing and Deborah Koeing v. First American Title Insurance Company of Texas Appeal from 270th District Court of Harris County
Association Prevails in Deed Restriction Case Stemming from Dispute Over Unauthorized Tool Shed
Mallia v. Village Place Community Assn. (Tex.App.- Houston [14th Dist.] Dec. 5, 2006)(Hedges) [homeowner law, deed restriction, res judicata, estoppel] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00004-CV Charles B. Mallia, Jr. v. Village Place Community Association, Inc., Et Al Appeal from 165th District Court of Harris County
Homeowners Score Partial Victory in Residential Construction Case Appeal
Hixon v. Pedigo Services (Tex.App.– Houston [1st Dist.] Oct. 31, 2006)(Radack) [residential construction claim, home owners, DTPA, warranty, negligent undertaking, summary judgment, more relief granted than sought] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Alcala 01-04-01109-CV Eric C. Hixon and Beverly G. Hixon v. Pedigo Services Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) We reverse the portion of the trial court’s final judgment that dismisses with prejudice the Hixons’ DTPA warranty and negligent undertaking claims against Pedigo and that dismisses with prejudice the Hixons’ claims against K2 and Tyco for products liability, strict tort liability, negligent product design; negligent product distribution, breach of implied and express warranties, and misrepresentation. We affirm the judgment of the trial court in all other respects.
Restitution Ordered in Criminal Case Involving Real Estate Scam
Nugent v. State of Texas (Tex.App.- Houston [1st Dist.] Oct 12, 2006)(Bland)(criminal case) [real estate scam, theft, restitution] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00775-CR Richard Lawrence Nugent v. The State of Texas Appeal from 228th District Court of Harris County We hold that the record supports the restitution ordered by the trial court, and that the trial court’s order does not require Nugent to pay restitution for crimes for which he was not charged. The trial court thus did not abuse its discretion in ordering Nugent to pay $124,310.50 in restitution as a condition of his community supervision. In addition, the trial court abuse its discretion in ordering Nugent to cooperate with the authorities in clearing the titles to the real properties at issue in this case, as this provision does not order restitution beyond the amount reflected in the trial court’s order and supported by the record. We therefore affirm the judgment of the trial court as modified.
Justices Disagree on Whether Sovereign Immunity Protects City from Suit for Spilling Sewage into Private Home Banda v. City of Galveston (Tex.App.- Houston [1st Dist.] Sep. 14, 2006)(Hanks) [governmental entity law, sovereign immunity, TTCA, motor-driven equipment, sewer spill] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-05-00331-CV Donna Banda and Robyn Worthen v. City of Galveston Appeal from 10th District Court of Galveston County (Judge David E. Garner) Dissenting opinion by Justice Keyes
September 5, 2006 - Contractor's Lawyer Sanctioned For Harassing Conduct in Litigation Over Residential Construction Contract and LIes
Clark v. Bres (Tex.App.- Houston [14th Dist.] Sep. 5, 2006)(Anderson) [homeowner law, residential construction, breach of contract, counterclaims, fraud, allegedly improper jury argument, sanctions for discovery abuse, harassing questions in deposition] AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost) 14-05-00482-CV John Clark III, Individually and d/b/a Celtic Constructors and Betty Stovall (KIT) Clark v. Tom Bres and Jan Bres a/k/a Jon Holzinger Appeal from 80th District Court of Harris County (Judge Kent Sullivan)
Churchill v. Mayo (Tex.App.– Houston [1st Dist.] Aug. 3, 2006)(Alcala) [abandonment of homestead, admission exclusion of summary judgment evidence, challenges to summary judgment affidavit overrule, based on personal knowledge] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Keyes, Alcala and Bland 01-04-00787-CV Evelyn Churchill v. Donna Kathleen Mayo, as Administratrix of the Estate of Kenneth David Churchill, Deceased Appeal from County Court at Law No 2 of Fort Bend County (“Given the tax statements and Evelyn’s affidavit, we conclude that Evelyn presented more than a scintilla of evidence that she had not abandoned homestead rights in the property in response to Mayo’s motion for summary judgment. ... Because Evelyn’s proof raises a genuine issue of material fact, the trial court erred by rendering the summary judgment against her.”)
Homeowner’s suit against state agency over flooding of their homes as a result of freeway construction that blocked drainage fails
Ahart v. Tex. Dep’t of Transp. (Tex.App.– Houston [14th Dist.] Aug. 1, 2006)(by Hudson) [inverse condemnation claim for damages, takings claim under Texas constitution, flood damages to home as a result of construction project, plea to the jurisdiction affirmed, intent element missing, only causation shown] AFFIRMED: Opinion by Justice Hudson Before Justices Hudson, Fowler and Seymore 14-05-00027-CV Delores Ahart Et Al v. Texas Department of Transportation Appeal from County Civil Court at Law No 3 of Harris County (Judge Lynn M. Bradshaw-Hull)
Criminal Theft Conviction in Home Repair Case Reversed - Dispute Found to be Civil Breach of Contract
Henry v. State (Tex.App.– Houston [14th Dist.] July 27, 2006)(by Guzman)(criminal case) [theft by deception v. failure to perform contract, home repair work, residential construction] REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Fowler, Edelman and Guzman 14-05-00099-CR Jacobs, George Henry v. The State of Texas Appeal from 21st District Court of Washington County (“After a bench trial, appellant George Henry Jacobs was convicted of the offense of felony theft by deception. On appeal, Jacobs challenges the legal and factual sufficiency of the evidence supporting his conviction, arguing the evidence only demonstrates a civil contract dispute, and is insufficient to support a finding of criminal intent. Because we agree the evidence shows only appellant’s failure to fully perform a contract, we reverse the conviction, dismiss the indictment, and render a judgment of acquittal.”)
Coats v. Farmers Ins. Exchange (Tex.App.-Houston [14th Dist.] June 29, 2006) (Seymore) [homeowner insurance policy, insurance code claim] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Hudson, Frost and Seymore) 14-04-00686-CV John Coats and Shahin Coats v. Farmers Insurance Exchange Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Stockton v. Mitchell Mortgage (Tex.App. - Houston [1st Dist.] May 11, 2006)(Higley) [breach of earnest money contract, summary judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-04-00831-CV John Stockton v. Mitchell Mortgage Company, L.L.C. Appeal from 240th District Court of Fort Bend County (Hon. Thomas R. Culver, III)
Home Loan Corp. v. Texas American Title Co. (Tex.App.–Houston [14th Dist.] March 30, 2006)(Edelman) [real estate law, escrow agent, fiduciary duty, duty of disclosure, residential mortgage, secondary market] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Guzman 14-03-01131-CV Home Loan Corporation d/b/a Expanded Mortgage Credit v. Texas American Title Company Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Rutherford v. Millard (Tex.App.–Houston [14th Dist.] March 28 2006)(Yates) [real estate law, home owner, home owners association, suit to stop the proposed sale of a piece of land in subdivision, cross motions for summary judgment, MSJ] AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00571-CV Duane Rutherford and Darline Rutherford v. Millard Norred, Kenneth Latimer, Faye Gee, John Stofer, Warren J. Carroll and Greenwood Forest Fund, Inc D/B/A Greenwood Forest Property Owners Association Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Fire Insurance Exchange v. Sullivan (Tex.App.- Houston [14th Dist.] Feb. 7, 2006)(Guzman) [insurance homeowner, water damage, mold] REVERSED AND RENDERED: Justice Guzman (Before Justices Edelman, Seymore and Guzman) 14-04-00081-CV Fire Insurance Exchange v. Clifton Sullivan and Diane Sullivan Appeal from County Court at Law No 3 & Probate Ct of Brazoria County