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Texas Escrow Law
 
Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb... More...
   $0 (07-10-2017 - TX)

Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da... More...
   $0 (07-07-2017 - TX)

Gilad Lutfak and Oren Lutfak v. Jeff Gainsborough

Appellants Gilad and Oren Lutfak appeal from a judgment in favor of appellee Jeff Gainsborough. Gainsborough sued Gilad and Oren based on claims arising out of his purchase of a townhome. A jury found that Gilad, the seller, committed fraud, breached implied warranties, violated the Deceptive Trade Practices Act, and made
2
negligent misrepresentations. The jury also found that Oren conspi... More...
   $0 (05-18-2017 - TX)

Tamuno Ifiesimama and Tamunnoibuomi Ifiesimama v. Daniel A. Haile and Wongelawit K. Alemu

After their attempt to purchase a home was unsuccessful, appellees Daniel A. Haile and Wongelawit K. Alemu sued appellants Tamuno Ifiesimama (“Mr. Ifiesimama”) and Tamunnoibuomi Ifiesimama (“Mrs. Ifiesimama”), for specific
performance and breach of contract. The trial court held a bench trial and ultimately ruled in favor of Haile and Alemu, ordering that they recover costs, their earnest mone... More...
   $0 (03-30-2017 - TX)

Nemoria Coria v. Christopher Jide Ogidan and Moses Gbolabo

Appellant Nemoria Coria purchased a home from appellees Christopher Jide Ogidan and
Moses Gbolabo. She later sued appellees for breach of contract and DTPA violations. The trial
court entered a take-nothing judgment in favor of appellees. In four issues, appellant argues the
trial court erred by (1) entering a take nothing judgment when the undisputed evidence
established appellees... More...
   $0 (02-28-2017 - TX)

Penny Gallis v. George Papadogiannis

This is an appeal from a judgment arising from the trial court’s interpretation
of the parties’ 2011 divorce decree. We affirm in part and reverse and render in
part.
2

PRIOR PROCEEDINGS AND THE 2011 DECREE
On July 27, 2011, the trial court signed an Agreed Final Decree of Divorce
(the 2011 Decree) dissolving the marriage between Penny Gallis (f/k/a Penny More...
   $0 (02-23-2017 - TX)

E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee... More...
   $0 (10-03-2016 - TX)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North
America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under
the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks
to finance the purchase.
When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...
   $0 (07-19-2016 - TX)

United States of America v. Rani F. Khoury

Dallas, TX - Timeshare Telemarketing Fraudster Sentenced to 97 Months in Federal Prison

$10 Million Resort Timeshare Telemarketing Fraud Conspiracy Victimized Persons Over Age 55 − Dozens of Victims in Texas and Thousands in the U.S. and Canada

A Florida man who was convicted for his role in a resort timeshare telemarketing scheme that victimized at least 5000 individuals,... More...
   $0 (05-14-2016 - TX)

SW Loan A, L.P. v. Anibal J. Duarte-Viera, Antonio P. Pardo and Edward M. Reiss

In April 2008, 1946 Property LLC borrowed ten million dollars ($10,000,000.00) from
Stillwater National Bank and Trust Company. The purpose of the loan was to refinance an existing
debt on an apartment project in San Antonio, Texas. 1946 Property signed a series of documents
in connection with the loan, including a loan agreement, a promissory note, and a deed of trust.
Additio... More...
   $0 (02-17-2016 - TX)

United States of America v. Gunner Dell Jenkins, Victor Sanchez and Max Chilson

Dallas, TX - Timeshare Telemarketing Fraudsters Plead Guilty to Federal Charges

Defendants Targeted Individuals Age 55 and Older

Three defendants charged with offenses stemming from their operation of a telemarketing fraud scheme that targeted persons over age 55, have pleaded guilty to their respective roles in the scheme, announced John Parker, U.S. Attorney for the Northern Di... More...
   $0 (02-09-2016 - TX)

United States of America v. Fabien C. Fleifel, Bradley James Gomez and Amanda Nadine Rizkallah

Dallas, TX - Timeshare Telemarketing Fraudsters Sentenced

$10 Million Resort Timeshare Telemarketing Fraud Conspiracy Victimized Persons Over Age 55 - Dozens of Victims in Texas and Thousands in the U.S. and Canada

Three defendants convicted for their roles in a resort timeshare telemarketing scheme that victimized at least 5000 individuals, many of whom were over age 55, were s... More...
   $0 (02-05-2016 - TX)

Petrohawk Properties, L.P., and P-H Energy, L.L.C. v. Noel Diane Jones, et al.

In 2008, oil and gas companies descended on east Texas and Louisiana seeking to acquire
leases to exploit the Haynesville Shale formation, which they viewed as having enormous
potential. The atmosphere created by these companies was described as “unreal,” “a land rush,”
and comparable to a gold rush. David Deffenbaugh, Petrohawk Properties, L.P.’s, vice president
of land—midc... More...
   $0 (01-25-2016 - TX)

J&D TOWING, LLC v. AMERICAN ALTERNATIVE INSURANCE CORPORATION

Ray Fischer owned a tax-consulting business called Corporate Tax Management, Inc. As
Fischer approached retirement, he began negotiations to sell the business assets to Mark Boozer
and Jerrod Raymond. In 2007, the parties executed a written asset-purchase agreement in which
Fischer agreed to sell his business to CTMI, L.L.C., which Boozer and Raymond created to receive
the asse... More...
   $0 (01-08-2016 - TX)

Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through... More...
   $0 (10-14-2015 - TX)

American Dream Team, Inc. v. Citizens State Bank

ADT is a real estate brokerage firm specializing in selling properties in the Cedar Creek Lake area of Henderson County, Texas. On January 23, 2010, it received the following system wide email sent by the marketer Point2 Real Estate:
23-Jan-2010
Prospect Email
You are receiving this email because Mr. Yang Hua Lopez has emailed you from your website.
Email: yanghl@informaticos.comMore...
   $0 (09-16-2015 - TX)

The Note Investment Group, Inc. v. Associates First Capital Corp., Successor by merger to Associates Financial Services Company, Inc.

This is an appeal from a dispute between appellant, The Note Investment Group, Inc. (“TNIG”), and appellee, Associates First Capital Corp., successor by merger to Associates Financial Services Company, Inc. (“Associates”), regarding the sale by TNIG of partial interests in certain seller-financed notes and contracts for deed to Associates. In three points of error, TNIG contends that the trial cou... More...   $0 (09-24-2015 - TX)

Sandeep Nanda v. Corey Huinker

Appellant Sandeep Nanda filed a breach of contract action against appellee Corey Huinker in relation to Nanda’s purported agreement to purchase real property from
1 Pursuant to a docket-equalization order issued by the Supreme Court of Texas, this appeal has been transferred to this Court from the Third Court of Appeals in Austin, Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through... More...
   $0 (09-25-2015 - TX)

Mary M. Rawls v. Jeffrey Clark Rawls

When Mary Rawls and Jeffrey Rawls divorced in 2008, their Divorce Decree incorporated their agreement to divide bonus compensation that would be paid to Jeffrey in 2008 and for the following six years. Mary later sued Jeffrey to recover her share of bonus compensation that Jeffrey received from 2008 through
2
2011. She also brought a bill of review attacking the 2008 Decree and a petition ... More...
   $0 (08-27-2015 - TX)

United States of America v. Andrew Lee Siegel

Dallas, TX - Dallas Lawyer Sentenced to Serve 12 Months and One Day in Federal Prison

Defendant Pleaded Guilty to Mail Fraud and Criminal Copyright Infringement Related to Investor Fraud Case Involving Vodka Brands and Dynasty Spirits, Inc.

A Dallas attorney who pleaded guilty to federal felony offenses involving copyright infringement and investor fraud was sentenced this mornin... More...
   $0 (08-19-2015 - TX)

Tiffany Lynn Fraser v. Timothy Purnell, as Independent Executor, Estate of Tommy Arthur Punell, Deceased

This case presents an appeal from a bench trial in which the trial court found in favor of appellee Timothy Purnell, as Independent Executor of the Estate of Tommy Arthur Purnell, Deceased (Purnell), against appellant Tiffany Lynn Fraser on Purnell’s claims of common law fraud and statutory fraud in a real estate transaction. The trial court awarded damages, pre- and post-judgment interest, and at... More...   $0 (07-23-2015 - TX)

United States of America v. Fabian C. Fleifel

Dallas, TX - Federal Jury Convicts Florida Man in Resort Timeshare Telemarketing Fraud Conspiracy that Victimized Persons Over Age 55

Following a nine-day jury trial before U.S. District Judge Sidney A. Fitzwater, a federal jury has found one of the ten conspirators in an estimated $10 million resort timeshare telemarketing fraud conspiracy that victimized at least 5000 individuals, many ... More...
   $0 (07-28-2015 - TX)

Lee Ann Cholopisa v. Roy William Cholopisa

By two issues, appellant Lee Ann Cholopisa (Lee Ann) appeals the trial court’s division of property with appellee Roy William Cholopisa (Roy). Lee Ann asserts that (1) the trial court based its decision upon inadmissible hearsay evidence, and (2) Roy committed fraud. We affirm.
2
I. BACKGROUND
Lee Ann and Roy married on January 2, 2002, and the couple separated in March 2010. On Apri... More...
   $0 (06-04-2015 - TX)

Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

In two issues, appellant Austin Jockey Club, Ltd. (AJC) contends the trial court erred by granting a declaratory judgment that AJC’s termination of a stock purchase agreement with appellee Dallas City Limits Property Co., L.P. (DCL) was wrongful and ineffective and by awarding attorney’s fees to DCL. We affirm the trial court’s judgment.
Factual Background
In August 2005, Longhorn Do... More...
   $0 (06-05-2015 - TX)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

Noordin Bhamani and Nooruddin T. "Nick" Bhamani v. Citizens Enterprises, Inc. and Mohammad Siddique

This appeal arises out of a commercial lease dispute between Noordin
Bhamani (Bhamani) and his landlord, Citizens Enterprises, Inc. Citizens sued
Bhamani for breach of two commercial leases. The first one, signed in 2007, was
for the lease of a convenience store with an amendment for additional space: a
2
liquor store next to the convenience store. The second lease, signed in 2... More...
   $0 (04-16-2015 - TX)

Chris Wilmot v. Harry A. Bouknight, Junior

Appellee, Harry A. Bouknight, Jr., sued appellant, Chris Wilmot, for fraudulent inducement relating to an employment contract and, following a bench trial, the trial court rendered judgment in Bouknight’s favor. In five issues on
2
appeal, Wilmot challenges the trial court’s judgment, arguing that (1) Bouknight’s fraudulent inducement claim fails as a matter of law; (2) the evidence ... More...
   $0 (03-03-2015 - TX)

Angelica Garza Duque v. Wells Fargo, N.A.

Angelica Garza Duque sued Wells Fargo, N.A., seeking to enforce a consent judgment to which she is not a party and prevent foreclosure on her home. The parties each filed a traditional motion for summary judgment. The trial court granted Wells Fargo’s motion and denied Duque’s motion. Duque appeals. We
2
hold that Duque lacks standing to enforce the consent judgment and affirm the judg... More...
   $0 (03-03-2015 - TX)

Eric C. Sanders and Carrie L. Sanders v. American Home Mortgage Servicing, Inc.

Appellants Eric C. Sanders and wife, Carrie L. Sanders, brought suit against American Home Mortgage Servicing, Inc. (“American Home”), alleging improper debt collection practices with regard to a residential mortgage. The trial court granted summary judgment in favor of American Home, and on appeal, the Sanderses contend the trial court erred in granting summary judgment in favor of American H... More...   $0 (02-25-2015 - TX)

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

This is an interlocutory appeal of a temporary injunction ancillary to pending
arbitration proceedings. With the exception of one narrow feature of the order that must be
modified, we will affirm the order.
BACKGROUND
The appellants (collectively, “GEMSS”) are affiliated entities that manufacture
medical equipment. In May 2013, GEMSS executed a “Master Distribution Agreem... More...
   $0 (02-26-2015 - TX)

United States of America v. Andrew Lee Siegel

Dallas, TX - Andrew Lee Siegel, a Dallas attorney, appeared this morning before U.S. Magistrate Judge Irma C. Ramirez and pleaded guilty to Count Two of a Superseding Information charging mail fraud

In July 2014, Siegel pleaded guilty to one count of felony criminal infringement of a copyright – Count One of the Superseding Information.

Siegel, 54, faces a maximum statutory pen... More...
   $0 (01-06-2015 - TX)

United States of America v. Lendell Beacham

William Tisdale, Hubert Jones, and Lendell Beacham were convicted by a jury on various counts of conspiracy, wire fraud, and bank fraud. They appeal the sufficiency of the evidence supporting their respective convictions, various aspects of their respective prison sentences, and the district court’s method of calculating restitution. We affirm their convictions but vacate their sentences and rem... More...   $0 (12-12-2014 - TX)

Daniel G. Johnson v. Anna Maines Johnson

Anna Maines Johnson filed for divorce from Daniel G. Johnson. After a bench trial, the trial court entered a Final Decree of Divorce and issued Findings of Fact and Conclusions of Law. In three stated appellate issues, Daniel challenges the trial court’s refusal to grant his reimbursement claim. Daniel contends that: (1) the trial court divested him of his “separate property” contrary to the... More...   $0 (11-14-2014 - TX)

United States of America v. Jarrod Jamiel Williams, et al.

DALLAS, TX — Four Dallas-area individuals, along with a defendant from Georgia, who were convicted for their roles in a mortgage fraud scheme that caused more than $3 million in losses to lenders, have been sentenced, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

On Friday, August 15, Jarrod Jamiel Williams, 35, most recently of McKinney, Texas, was senten... More...
   $0 (08-18-2014 - TX)

D. Brent Lemon v. Daniel Hagood

D. Brent Lemon appeals the trial court’s judgment in favor of Daniel Hagood following a jury trial in this breach-of-contract suit. The jury found Lemon breached the contract and determined Hagood suffered damages of $97,024.77 and that his reasonable attorney’s fees in the trial court were $125,000. The trial court entered judgment for Hagood on the verdict. Lemon brings ten issues on appeal ... More...   $0 (07-24-2014 - TX)

PMSALS 1 LLC v. American Opportunity for Housing Perrin Oaks LLC; American Opportunity for Housing Inc, David Starr, Fidelity National Title Insurance Company

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC”), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
BACKGROUND
AOH LLC is the maker of a $2,500,000 promissory note which was... More...
   $0 (07-16-2014 - TX)

Moshen Sadeghi v. James Gang

Appellant Moshen Sadeghi appeals from a take-nothing judgment entered in favor of Appellee James Gang. In a single issue, Sadeghi contends that, in light of this Court’s prior opinions,1 the trial court erred in its judgment when the evidence satisfied all elements of his breach of contract claim. Gang also raises a cross-issue that the take-nothing judgment should be affirmed because his accept... More...   $0 (07-03-2014 - TX)

United States of America v. Donna Shirley Cobb

SHERMAN, Texas - A 53-year-old Aledo, Texas woman has been sentenced to federal prison for her role in a mortgage fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Donna Shirley Cobb pleaded guilty on Oct. 16, 2013 to conspiracy to defraud the United States and was sentenced to 21 months in federal prison today by U.S. District Judge Thad Hear... More...
   $0 (05-28-2014 - TX)

Iglesia Cristiana Cristo Vive, Inc. v. Church of God of the Apostolic FAith Latin Conference, Inc.

By three issues, appellant, Iglesia Cristiana Cristo Vive, Inc., appeals from a verdict in favor of appellees, Church of God of the Apostolic Faith Latin Conference, Inc. (“Church of God”) and Pablo Sanchez. We affirm.

2

I. BACKGROUND

Rebecca Robles testified that she served as secretary of a church named the Centro De Adoracion Hosanna (“Hosanna”) with the Reverend Hi... More...
   $0 (05-29-2014 - TX)

Green Tree Servicing, LLC v. Eric C. Sanders

Appellants Green Tree Servicing, LLC and U.S. Bank as Trustee of the Servertis Fund I Trust 2009-2 Grantor Trust Series 2009-2 challenge the trial court’s judgment granting damages and attorney’s fees in favor of appellee Eric M. Sanders. Because Sanders failed to plead for attorney’s fees and because the issue of attorney’s fees was not tried by consent, we reverse the portion of the tria... More...   $0 (05-28-2014 - TX)

 
 
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