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Texas Escrow Law
 
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)

Miramar Development Corp. and John Hawkins v. Aaron M. Sisk

This appeal arises from a lawsuit between the buyer and seller of a home. The buyer, Aaron Sisk, sued Miramar Development Corporation and its president, John Hawkins (the Sellers), before subsequently nonsuiting his claims without prejudice. On competing motions for summary judgment, the trial court determined the Sellers were not “prevailing” parties and thus not entitled to an award of attor... More...   $0 (04-27-2014 - TX)

United States of America v. Vathany Teng and Lina Ma

DALLAS — Plano, Texas, residents, Vathany Teng, 43, and Lina Ma, 55, were sentenced yesterday for their role in a loan fraud scheme they ran from August 2007 to April 2008 that resulted in the total funding of more than $3 million in fraudulent loans, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

U.S. District Judge David C. Godbey sentenced Teng to 27 month... More...
   $0 (04-12-2014 - TX)

United States of America v. Walter Ryan Macapaz

Former Houston resident Walter Ryan Macapaz has been ordered to prison along with Houston businessman Tony David Maldonado and attorney and former mortgage loan officer Buffy Marie Lawrence for their roles in a scheme to defraud residential mortgage lenders of more than $22 million in loans, announced United States Attorney Kenneth Magidson along with FBI Special Agent in Charge Stephen L. Morris ... More...   $0 (03-28-2014 - TX)

Capcor at KirbyMain, L.L.C. v. Moody National Kirby Houston S, L.L.C d/b/a Moody National Kirby Houston, L.L.P and Moody National Title Company, L.P.

This appeal concerns the fiduciary responsibilities of a title insurer as escrow agent for a commercial real estate transaction. Appellant Capcor at KirbyMain, L.L.C., argues that the escrow agent—appellee Moody National Title Company,

2

L.P.—breached its fiduciary duties by refusing to accept a cashier’s check to close Capcor’s purchase of a tract of unimproved land. Capcor ... More...
   $0 (03-13-2014 - TX)

WCW International, Inc., and Chris Wilmot v. Jerry W. Broussard, Ronnie D. LaBorde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery and Carlos O. Giron

This consolidated appeal concerns a Stock Purchase Agreement (“SPA”) entered into among appellant/cross-appellee WCW International, Inc. (“WCW”),

2

and appellees/cross-appellants Jerry Broussard, Ronnie D. Laborde, David M. Kernion, David O. Strickland, Craig M. Borel, Kevin J. Roussel, George A. Lowery, and Carlos O. Giron. In the SPA, WCW agreed to purchase stock from appel... More...
   $0 (03-04-2014 - TX)

Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

2

Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked... More...
   $0 (01-23-2014 - TX)

Alper Karaali v. Petroleum Wholesale, L.P.

Appellant Alper T. Karaali1 appeals from the trial court’s final judgment in favor of Petroleum Wholesale, L.P., which was based on an arbitration award. He

1 Both Karaali and Tien Shan, Inc., the other maker on the note that forms the basis of the suit underlying this appeal, filed a notice of appeal. Their attorney was permitted to withdraw while this appeal was pending. Karaali then ap... More...
   $0 (11-26-2013 - TX)

Roland Scott Arnell v. Monika Elizabeth Arnell

Appellant Roland Scott Arnell1 appeals the trial court’s Order on Petition for Registration and Enforcement of Support Orders and Order for Turnover in favor of his former wife, Monika Elizabeth Arnell. In the proceedings below, Monika sought to enforce support orders from a divorce proceeding between the parties in Geneva, Switzerland. We affirm the trial court’s order.

BACKGROUND
<... More...
   $0 (12-31-1969 - TX)

Esther Anderson, Principal of Benson & Anderson, P.C. v. Meggin McCormick a/k/a Meghan McCormick, Administratrix of the Estate of Marilyn R. McCormick a/k/a Marahlyn R. McCormick, Deceased

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’... More...   $0 (10-31-2013 - TX)

Sutapa Ghosh and Cinemawalla, Inc. v. Pawan Grover, M.D., 87 Minutes Production, L.L.C. and Pav Entertainment, L.L.C.

Appellees Pawan Grover, 87 Minutes Productions, L.L.C., and PAV Entertainment, L.L.C., sued appellants Sutapa Ghosh and Cinemawalla, Inc., alleging breach of contract, conversion, and common-law fraud. The jury returned a verdict awarding the appellees damages on each cause of action. The trial court entered judgment on the verdict, awarding the appellees $1,498,468 in actual damages and $200,000 ... More...   $0 (09-03-2013 - TX)

Eric W Brauss, Christine Brauss, et al v. Nixdorf Parties

This case results from the downfall of a real estate empire built by W. Eric Brauss through a complex web of real estate limited partnerships involving hundreds of investors and creditors. When some of the investors began to realize the empire was crumbling, Brauss fired all the employees at his management company, Today Realty Advisors, Inc. (TRA), and left the country. Several lawsuits were file... More...   $0 (08-13-2013 - TX)

Alice Donahue v. First American Title Company

Appellant, Alice Donahue, appeals from the trial court’s summary judgment in favor of appellee, First American Title Company. By one issue, Donahue contends that a fact issue remains regarding her claim that appellee owed a duty to pay her a commission. We affirm.

2

I. BACKGROUND

Donahue served as a real estate agent for the sale of a condominium by Sapphire, VP, LP to Macua... More...
   $0 (08-01-2013 - TX)

Albert E. Magill and Jennifer T. Magill v. William Hugh Watson, Jr.

After a jury trial on a seller’s claim arising out of the breach of an earnest money contract, the trial court signed a judgment awarding the seller of real

2

property the earnest money, plus liquidated damages in an amount equal to three times the earnest money, as provided in the contract, and attorney’s fees, interest, and costs. On appeal, the buyer (1) challenges the plainti... More...
   $0 (07-09-2013 - TX)

Mitchell Carter v. T. Gerald Treece, in his Capacity as Independent Executor of the Estate of John O'Quinn

After a jury trial on a seller’s claim arising out of the breach of an earnest money contract, the trial court signed a judgment awarding the seller of real

2

property the earnest money, plus liquidated damages in an amount equal to three times the earnest money, as provided in the contract, and attorney’s fees, interest, and costs. On appeal, the buyer (1) challenges the pla... More...
   $0 (07-09-2013 - TX)

Sherry Dunlap v. Cindy Gayle

This is an appeal of a no-evidence/traditional summary judgment granted in favor of appellee, Cindy Gayle. By two issues, appellant, Sherry Dunlap, contends the trial

2

court erred in: (1) granting summary judgment, and (2) awarding damages to Gayle pursuant to a contractual liquidated damages provision. We affirm.

I. BACKGROUND

In November 2007, Dunlap and Gayl... More...
   $0 (04-11-2013 - TX)

Frank Keathley v. Corbitt Baker

Frank and Melissa Keathley appeal from an adverse judgment rendered on the jury’s verdict in favor of Corbitt Baker in the Keathleys’ suit arising from a real estate contract. In six issues, the Keathleys contend the trial court erroneously vacated a prior judgment, awarded attorney’s fees to Baker, failed to award attorney’s fees to the Keathleys, submitted certain jury questions, and dir... More...   $0 (04-04-2013 - TX)

City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...
   $0 (03-19-2013 - TX)

Robert Flynn v. Keller Williams, Inc.

This appeal arises from a take-nothing summary judgment rendered in favor of appellees, Keller Williams, Inc. (“Keller Williams”) and The Boehm Team. We affirm.

BACKGROUND

Appellants, Robert and Wian Flynn, own two properties in Boerne, Texas: 101 Shady Ridge and 309 River Ridge. The Flynns entered into a Residential Real Estate Listing Agreement to sell the house located at 101 ... More...
   $0 (03-13-2013 - TX)

Okon Eyo Onyung, M.D. v. Comfort Nkasi Onyung

Appellants Okon Eyong Onyung, M.D., The Law Offices of Yuen & Associates, P.C., The Law Offices of Yuen & Associates, PLLC, and Xenos Yuen appeal from a final judgment entered on two cases that were consolidated for a trial by jury. In one of the cases, Dr. Onyung sued appellees Comfort Nkasi Onyung (Dr. Onyung’s wife, hereinafter referenced as Mrs. Onyung), Christine Enebong Onyung (the Onyungs... More...   $0 (01-31-2013 - TX)

Ken Hoagland v. Bill Butcher

In two issues, appellant Ken Hoagland challenges the trial court’s order granting appellees’ special appearance and dismissing the underlying case. We hold Hoagland pleaded jurisdictional facts that appellees committed tortious acts in Texas and appellees did not present evidence negating every basis for jurisdiction. We thus reverse the trial court’s order and remand this case for further p... More...   $0 (01-26-2013 - TX)

Albert J. Autry v. Fort Bend Independent School District

In 2008, Albert Autry sued the Fort Bend Independent School District (“FBISD”), alleging that the district’s decision to hire a Caucasian woman in lieu of promoting Autry amounted to race discrimination in violation of Title VII. The district court granted summary judgment to FBISD and ordered Autry to pay attorneys’ fees. We affirm the district court’s grant of summary judgment but vaca... More...   $0 (01-07-2013 - TX)

William C. Jarvis v. K&E Re One, LLC

William C. Jarvis and Cindy Jarvis appeal (I) the trial court’s judgment granting K&E Re One, LLC (K&E) declaratory and injunctive relief and awarding K&E attorney’s fees, and (2) the trial court’s grant of summary judgment in favor of Stewart Title Company (Stewart Title) and Bayview Loan Servicing (Bayview). In four points of error, the Jarvises contend the trial court erred by (I) denying... More...   $0 (12-02-2012 - TX)

Robert Rowe v. Judy Dorman

On January 31, 2006, Robert and Theresa Rowe entered into a fifteen-year lease agreement with Ronda Miller for a building and grounds for the operation of Miller’s child daycare center, which operates under the name of Treazure Chest Daycare. The agreement was of the lease-purchase variety and granted Miller the option to convert the lease into a contract for purchase of the property.

T... More...
   $0 (10-18-2012 - TX)

FPL Farming, Ltd. v. Environmental Processing Systems, L.C.

Following the jury trial of a trespass case, the trial court rendered judgment on the jury’s verdict for the defendant, Environmental Processing Systems, L.C., (EPS). The plaintiff, FPL Farming Ltd. (FPL) claimed that EPS trespassed onto its property by causing subsurface wastewater to migrate into the subterranean level of FPL’s tracts, which are located next to a tract on which EPS operates ... More...   $0 (09-14-2012 - TX)

Arabella Petroleum Company, LLC v. J.H. Baldwin, Jr.

Arabella Petroleum Company, LLC appeals the trial court’s judgment awarding damages to J. H. Baldwin, Jr. for Arabella’s breach of an agreement to pay Baldwin $126,625 for an oil and gas lease. Arabella contends the agreement was unenforceable because: (1) the agreement lacked mutuality; (2) conditions precedent to the formation of the agreement were not satisfied; and (3) conditions precedent... More...   $0 (06-28-2012 - TX)

Brenda S. Guerra v. M.H. Equities, Ltd.

In a single issue, Brenda S. Guerra contends that the trial court erred by granting summary judgment for M.H. Equities, Ltd. and Woodhaven MHC, Ltd. on an unliquidated damages claim. We affirm in part and reverse and remand in part.

Background

M.H. Equities sued Guerra under a “Retail Installment Contract/Security Agreement” for foreclosure of its security interes... More...
   $0 (06-14-2012 - TX)

Allon R. Hahn v. Bertrand R. Love

Appellee Bertrand R. Love, the purchaser of a property located at 1615 and 1621 Wheeler Street in Harris County, Texas (“the Property”), intervened in a lawsuit between appellant, Allon R. Hahn, individually and d/b/a Hahn’s Gulf Services (collectively, “Hahn”), and Mid-Town Roofing and Construction, Inc. (“Mid-Town”), seeking to enjoin Hahn from carrying out an execution sa... More...   $0 (06-15-2012 - TX)

ACS Recovery Services, Inc. v. Larry Griffin

ACS Recovery Services, Inc. (“ACS”) and FKI Industries, Inc. (“FKI”) appeal the district court’s decision to dismiss their suit for equitable relief under section 502(a)(3) of the Employee Retirement Income and Security Act of 1974 (“ERISA”) for lack of jurisdiction. Specifically, ACS and FKI argue that the 1 district court: (1) erroneously interpreted two Supreme Court cases as requ... More...   $0 (04-02-2012 - TX)

William J. Gebhard III v. Laxmi-Vishnu Enterprises, Inc.

William J. Gebhard III appeals a judgment against him based on claims of breach of fiduciary duty, fraud, and statutory fraud arising out of a real estate transaction. On appeal, Gebhard argues the evidence was legally and factually insufficient to support the judgment, and the trial court erred in submitting certain instructions to the jury. We affirm.

BACKGROUND

In June 2006, G... More...
   $0 (01-19-2012 - TX)

Elena Markovsky v. Kirby Tower, L.P.

Elena Markovsky appeals the trial court’s final judgment ordering she take nothing on her claims against Kirby Tower, LP, and awarding Kirby Tower $300,000.00 in earnest money Markovsky had placed in escrow for the purchase of a condominium unit. Markovsky sued Kirby Tower for breach of contract, seeking the return of the earnest money. The jury found that Kirby Tower had breached the contract... More...   $0 (11-10-2011 - TX)

Roberto Ramos v. Javier Perez

This is an arbitration case. Appellant, Roberto Ramos, filed suit against appellees, Javier Perez, individually, Hook and Lateral Investments, L.L.C., Livex and Agro, L.L.C., Monte Bonito, L.L.C., Northgate Real Estate Group, L.L.C., P&L Partners, L.L.C., Paradise Rio Carwash, G.P., L.L.C., Sharyland Investors, Ltd., and the Shary Group, L.L.C. (collectively Perez). The parties agreed to arbitra... More...   $0 (08-11-2011 - TX)

Steven Jeffrey Johnson v. Michele Jean Johnson

In one issue, Appellant Steven Jeffrey Johnson appeals the trial court’s summary judgment and order in favor of Appellee Michele Jean Johnson. We affirm.

II. Factual and Procedural Background

On February 3, 2010, pursuant to the parties’ “Agreement Incident to Divorce,” Steven, CEO of Cano Petroleum, Inc., executed a promissory note (the Note) in favor of Michele ... More...
   $0 (08-04-2011 - TX)

 
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