Robert M. Garst, Jr., appeals the district court’s order granting summary judgment in favor of Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps on Garst’s claims against Amy Reagan for negligence, breach of fiduciary duty, and fraud by nondisclosure, as well as his claims against all four appellees for cloud on title. Garst also challenges the trial court’s denial of his... More...   $0 (03-06-2014 - TX)

Appellee Sondra Kelso, in her capacity as independent administrator of the estate of Helen Jones Schweng, brought suit against Peggy McCoy, Eugene Braun, and appellants Randall Holt and Judy Holt to recover estate assets.1 Following a bench trial, the trial court found all four defendants jointly and severally liable to Sondra for breach of fiduciary duty, conversion, theft, and civil conspiracy a... More...   $0 (02-26-2014 - TX)

Verna Pauline Sangrey1 brought suit against her daughter, Elizabeth Sangrey Gray, and her son-in law, Tommy Dean Gray, Jr. (collectively referred to as the Grays), seeking to impose a constructive trust against a house and lot that had been deeded to the Grays. Specifically, Sangrey alleged that the parties had a mutual understanding whereby the Grays would take out a loan to purchase the house an... More...   $0 (02-20-2014 - TX)

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by Margaret Morales. Morales sought reimbursement of the attorney’s fees she incurred in defending against the Aguilars’ lawsuit alleging that she breached the fiduciary duty she owed to AlvildaMae Aguilar under the terms of a durable power of attorney. Because Morales was also the independent... More...   $0 (02-19-2014 - TX)

This appeal arises from three probate court orders, namely: (1) an October 12, 2012 transfer order; (2) a January 11, 2013 order setting aside an out-of-county default judgment, dismissing the out-of-county case, and granting sanctions; and (3) a January 28, 2013 order granting sanctions. Appellant Anthony C. Aguilar raises fourteen issues on appeal, contending, in essence: (1) the probate court i... More...   $0 (02-19-2014 - TX)

Cenoplex, Inc. appeals from the trial court’s grant of Scott Fox’s special appearance and the dismissal of Cenoplex’s suit against Fox. Cenoplex contends that the trial court erred by concluding that Texas had no specific jurisdiction over Fox and that exercising jurisdiction over him would violate traditional notions of fair play and substantial justice. Cenoplex also contends that the tria... More...   $0 (02-21-2014 - TX)

Karen Davison, acting pro se, appeals the trial court’s order dismissing with prejudice her claims against appellees, Plano Independent School District (PISD), Douglas Otto, Danny Modisette, Lloyd “Skipâ€� Jenkins, Tammy Richards, and Tamira Griffin, pursuant to their plea to the jurisdiction. She also appeals the trial court’s award of attorney’s fees to appellees as sanctions assessed ag... More...   $0 (02-20-2014 - TX)

In the underlying litigation, Leticia Benavides sued Shirley Hale Mathis, As Temporary Guardian of the Estate of Carlos Y. Benavides, Jr., for tortious interference with a contract and for money had and received. Mathis moved for both a traditional and no-evidence summary judgment on both claims. The trial court rendered judgment in favor of Mathis, and this appeal by Leticia ensued.1 The disposit... More...   $0 (02-12-2014 - TX)

Jonathan Bailey, Jonathan Bailey Design, LLC, and Jonathan Bailey Associates International Companies, LLC, on its own behalf and in its capacity as general partner for both Jonathan Bailey Associates International and Jonathan Bailey Associates, Ltd., appeal from the trial court’s final summary judgment that they take nothing on their claims against Boka Powell, LLC. In a single issue, appellant... More...   $0 (02-03-2014 - TX)

Appellant Stuart Thomas (“Thomasâ€�) appeals from two summary judgments entered in favor of appellees Carnahan Thomas, L.L.P., Frederick Hoelke, Roy Romo and William Peters (collectively referred to as the “Attorneysâ€�). In two issues, Thomas contends the trial court erred in granting the Attorneys’ motions for summary judgment concerning: (1) his negligence claim and (2) his claim for brea... More...   $0 (02-04-2014 - TX)

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

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

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...   $0 (12-20-2013 - TX)

Appellants Lloyd Ward, Lloyd Ward, P.C., Lloyd Ward & Associates, and Lloyd Ward Group, P.C. appeal the denial of their motion to vacate a Kansas default judgment in favor of appellee Kelly Hawkins. In three issues, appellants contend the trial court (1) abused its discretion by not granting their motion to vacate the default judgment because the Kansas court lacked personal jurisdiction over appe... More...   $0 (12-16-2013 - TX)

Appellant Dibon Solutions, Inc. d/b/a Revenue Technology Services Corporation (“Dibon/RTSâ€�) appeals from the summary judgment entered in favor of appellee Martinair Holland N.V. (“Martinairâ€�). In two issues, appellant contends the trial court erred in striking its amended petition when: (1) Dibon/RTS complied with rule 28 in identifying its “true nameâ€� by means of an amended petition a... More...   $0 (12-18-2013 - TX)

Emelda Akukoro appeals the trial court’s final decree of divorce. She challenges (1) the trial court’s grant of Kerry Akukoro’s claims for equitable reimbursement, (2) the trial court’s failure to offset those claims with her own

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claims for reimbursement, (3) the trial court’s failure to file findings of fact and conclusions of law, and (4) the trial court’s grant of Ke... More...   $0 (12-19-2013 - TX)

We issued an opinion in this case on October 31, 2013, reversing the trial court‘s summary judgment and remanding the case. Appellees subsequently filed

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a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion.

In this attorney malpractice case, the plaintiffs ar... More...   $0 (12-12-2013 - TX)

Richard W. Opperman, Jr., Appellant, appeals the entry of an order granting a take-nothing summary judgment in favor of Randal Scott Opperman and Lorri Opperman, Appellees, on Appellant’s breach of fiduciary duty claim. Stated in five issues, Appellant asserts the trial court erred by denying (1) his motion to continue the summary judgment hearing and (2) his opportunity to cure any defects in t... More...   $0 (12-09-2013 - TX)

In this interlocutory appeal, Kaye/Bassman International Corp. challenges the trial court’s order granting the special appearance of nonresidents Pankaj Dhanuka and Kishore Saraogi and dismissing the claims against them. In a single issue, appellant contends appellees are subject to specific jurisdiction in Texas because the claims against them directly relate to and arise from appellees’ purp... More...   $0 (12-03-2013 - TX)

In this case we examine a real estate company’s liability to buyers in the context of the sale of a home owned by one of the company’s salespersons in a transaction in which the company was both the buyer’s agent and the seller’s agent.

After the sale, the buyers of the home discovered termite damage and sued the termite inspector, the seller, the real estate company, and the real ... More...   $0 (11-26-2013 - TX)

While imprisoned in the Texas Department of Criminal Justice Correctional Institutions Division (TDCJ-CID), Telford Unit, Richard Owen Taylor failed a prison-administered drug test. As a result, the TDCJ demoted his prisoner status and forfeited his good time credit. Taylor filed a suit for damages against several employees of the TDCJ, his appointed counsel, and two John Does. Taylor’s original... More...   $0 (11-27-2013 - TX)

Kimzey Wash, LLC appeals from a take-nothing summary judgment in favor of LG Auto Laundry on Kimzey’s lawsuit seeking declaratory relief to quiet title on certain real property in which LG has asserted a leasehold interest. Kimzey argues that the trial court should have rendered summary judgment in its favor because it conclusively established that (1) LG’s ground lease was extinguished by the... More...   $0 (11-26-2013 - TX)

Appellants Jacob and Galina Dobrushkin (Buyers) appeal from a combined no-evidence and traditional summary judgment granted in favor of appellee Davenport Meadows, LP (Seller) on Buyers’ fraud and abuse of process claims. Buyers raise two issues on appeal challenging the summary judgment. The background of the case and the evidence adduced below are well known to the parties; thus, we do not rec... More...   $0 (11-05-2013 - TX)

In this appeal of a judgment against an attorney on his clients’ claims that he charged them excessive fees and otherwise breached his contractual and fiduciary duties, attorney John Powell contends that (a) the trial court reversibly erred by failing to issue findings of fact and conclusions of law, (b) his clients’ complaints against him are barred by the voluntary-payment rule, and (c) the ... More...   $0 (10-31-2013 - TX)

In this attorney malpractice case, the plaintiffs are an individual, Mark A. D‘Andrea, M.D., and various business entities of which D‘Andrea is the self-described ―de facto owner.‖ We refer to the business entities collectively as ―Gulf

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Coast.‖ The defendants, attorney Stephen R. Cochell and the law firm of Epstein, Becker, Green, Wickliff & Hall, P.C. (collectively, â€... More...   $0 (10-31-2013 - TX)

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.
More...   $0 (10-31-2013 - TX)

Larry A. Merchant appeals from the trial court‟s summary judgment in favor of PHH Mortgage Corporation and Federal National Mortgage Association (FNMA) in Merchant‟s suit for wrongful foreclosure, breach of fiduciary duty, common law fraud, fraud in a real estate transaction, and to quiet title to real property. In three issues, Merchant contends there are fact issues concerning the foreclosur... More...   $0 (10-09-2013 - TX)

This is an appeal from a no evidence motion for summary judgment. Gerald Bakke, individually and on behalf of 7800 Ranch, filed suit against John H. Harvison, Glenda Sue Harvison, John D. Harvison, 7HBF Ltd., and 7HBF Management Co., Ltd. (collectively referred to as the Harvisons) and Donald H. Ray, Donald H. Ray, P.C. and Ray & Wilson (the Rays) seeking damages and equitable relief based on an a... More...   $0 (10-16-2013 - TX)

Joseph Hevey, in his capacity as co-trustee of the Will Slip 2011 Trust, appeals the trial court’s order dismissing Trust claims related to a marriage that occurred thirty-six years ago between Dale C. Bullough and appellee Margaret Hundley. Because we conclude a 2004 final decree of divorce bars the Trust’s claims, we affirm.

The summary judgment evidence shows the following. In 1977, ... More...   $0 (10-25-2013 - TX)

This is an appeal from a judgment after a jury trial in a case arising from two real estate transactions. Appellants Peterson Group, Inc., PGI Development, L.P., and Wellington Yu sued appellees PLTQ Lotus Group, L.P. and Cubo Group,

2

L.L.C. (collectively, “PLTQâ€�) for money due under a purchase agreement and a real estate development agreement. PLTQ countersued for breach of the... More...   $0 (10-20-2013 - TX)

The Securities and Exchange Commission sued Mark Curban claiming that he engaged in insider trading when he sold $7.9 million in shares of Canadian search company, Mamma.com, in 2004.

Cuban denied wrongdoing and gave several reasons for divesting his shares of Mamma.com.

_____________________________________

"Insider trading" is a term that most investors have heard and... More...   $0 (10-17-2013 - TX)

Timothy Frazin appeals the judgment of the district court affirming the final judgment entered by the bankruptcy court on certain state-law counterclaims that Frazin filed against the Appellees, attorneys who were authorized by the bankruptcy court to represent Frazin in a separate lawsuit. Frazin argues that the bankruptcy court lacked the authority to enter a final judgment on these claims in li... More...   $0 (10-01-2013 - TX)

On its own motion the trial court signed an order in which the court stated that it appeared this case presents no justiciable controversy within the court’s subject-matter jurisdiction and that, to the extent there is such a controversy, the

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court declined to exercise jurisdiction over these claims because they deal with the internal affairs of a non-profit organization. The tri... More...   $0 (09-19-2013 - TX)

This appeal concerns disputes related to the financing of an oil and gas drilling project in Arkansas. In two issues that each contain multiple arguments within them, appellant The Strickland Group, Inc. (Strickland) appeals the trial court’s take-nothing judgment in favor of appellees Pathfinder Exploration, LLC (Pathfinder) and Jerry Wilson. We affirm.

_____________________

1See ... More...   $0 (09-05-2013 - TX)

Appellants Timothy Barton, JMJ Hospitality, L.L.C., and JMJ Holdings, L.L.C. appeal an adverse judgment in favor of appellees Resort Development Latin America, Inc. (f/k/a JMJ Development Mexico, Inc.),1 Aliber Garcia, and Eliud Garcia, which was entered following a jury verdict. Appellees’ damages are based on lost profits. In their issues on appeal, appellants argue, among other things, that t... More...   $0 (08-21-2013 - TX)

This appeal arises from a dispute over control of assets belonging to an association of Nigerian expatriates. Particularly at issue is the right to $9,150

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transferred from one bank account to another in the midst of a leadership crisis, which led to the creation of separate entities which both laid claim to the funds. The trial court resolved this dispute by ruling on cross-motions... More...   $0 (08-29-2013 - TX)

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

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Hospital) (“Christusâ€�) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherineâ€�) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...   $0 (08-29-2013 - TX)

Fred Samson sued an attorney, James Alexander Ghadially, after Ghadially declined to file a medical malpractice lawsuit against Samson‘s former surgeon. The trial court signed a summary judgment for Ghadially, and Samson appeals. We affirm.

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BACKGROUND

Samson alleged in his first amended petition (the live pleading) that he met with Ghadially in 2008 about a potential... More...   $0 (08-20-2013 - TX)

In these consolidated appeals, we review the summary judgments granted to several hundred plaintiffs on their breach-of-fiduciary-duty claims against the attorney and law firm that represented them in their personal-injury claims arising from their use of diet drugs. The law firm screened tens of thousands of clients for eligibility to opt out of a class-action settlement and pursue personal-injur... More...   $0 (08-20-2013 - TX)

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)

Appellee Boyington Capital Group, Inc. sued appellant Randall Lee Haler asserting a number of causes of action. A jury found in Boyington’s favor on its theories of fraud, fraudulent inducement, fraud by non-disclosure, conversion, breach of fiduciary duty, conspiracy, and breach of the Texas Theft Liability Act (TTLA) and the Texas Deceptive Trade Practices Act. Under each theory, the jury foun... More...   $0 (08-18-2013 - TX)