Texas Partition Law

<h2><center> Gary M. Cooper v. Wyoming Cooper-Clifton</h2></center>

<center><h2><font color="red"> Houston, Texas – Civil Litigation lawyer represented seeking of judgment determining that she was the owner of an account owned by her mother. </center></h2></font></b></i></center><br> <br> In her first amended petition, Wyoming alleged that she and Cooper were both <br> children of Ocella Simmons Cooper (“Ocella”), who died in April 2013. Before ... More...

$0 (11-23-2022 - TX)
<h2><center> Robert Hardie Tibaut Bowman and Powers L. Bowman v. Molly Bowman Stephens</h2></center>

<center><h2><font color="red"> Houston, Texas – Real Estate lawyer represented Appellants with challenging a judgment to force a partition by sale of lake property. </h2></font></b></i></center><br> <br> This appeal is from the second stage of a partition proceeding. In the first <br> stage, this Court affirmed the trial court’s judgment that a partition in kind was <br> feasible and... More...

$0 (09-14-2022 - TX)
<h2><center> Edward John Glynn v. Cynythia Kay Glynn</h2></center>

<center><h2><font color="red"> Houston, Texas – Divorce lawyer represented Appellant with contending that the trial court abused its discretion. </h2></font></b></i></center><br> <br> Cynthia and Edward were married in May 1996 and ceased living together <br> in October 2018. They did not have children. Cynthia petitioned for divorce in <br> October 2018, and Edward counter-petitioned in No... More...

$0 (09-12-2022 - TX)
<h2><center> Victoria Barrientez v. Raymond A. Contreras</h2></center>

<center><h2><font color="red"> Austin, Texas – Real Estate lawyer represented Appellant with suing for partition of property jointly owned. </h2></font></b></i></center><br> <br> On August 17, 2020, Victoria Barrientez sued Raymond A. Contreras for partition <br> of property jointly owned with Contreras and for contribution. Contreras responded with a Rule<br> 91a motion to dismiss Barrient... More...

$0 (08-17-2022 - TX)
<h2><center> Alberto Muniz and Bridget Muniz v. Mike Dugi and Mary Ann Dugi</h2></center>

<center><font color="red"><h2><fontcolor="red> San Antonio, Texas - Real Estate lawyer represented Appellants with a boundary and water diversion dispute. </h2></font></b></i></font></center></center><br> <br> This boundary and water diversion dispute concerns two adjoining tracts of land located in <br> the Pebble Beach Subdivision in Bandera, Texas, on the Medina Lake waterfront. The Dugis�... More...

$0 (05-25-2022 - TX)
<h2><center> Matthew Shane Wagner v. Loretta Gale Davis</h2></center>

<center><font color="red"><h2><fontcolor="red> Fort Worth, Texas - Divorce lawyer represented Appellant with appealing an order regarding the parties’ divorce decree. </h2></font></b></i></font></center></center><br> <br> The parties married in 2010, bought a home together two years later, and made <br> upgrades to the home. After they refinanced the home’s mortgage in 2014, which <b... More...

$0 (05-18-2022 - TX)
<h2><center> Sosamma Chacko v. Chacko Thottiyil</h2></center>

<center><h3><font color="red"><h3><font color="red"> Houston, Texas - Divorce lawyer represented Appellant with challenging the trial court’s final divorce decree. </h3></font></b></i></center></font><br> <br> In her petition for divorce, Wife alleged that she and Husband were married<br> on or about February 16, 1976 in Kerala, India, and they “ceased to live together as <br> husban... More...

$0 (03-19-2022 - TX)
<Center><h2>Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP</h2> <table> <td> <img width="300" src=" http://www.mineralholders.com/css/img/mineral_holders_logo_orange.png"> <center Center><h2>Ridge Natural Resources LLC Mineral Rights</h2> </td> </table></center><center><h2><FONT COLOR="black"> </FONT> </h2>

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc... More...

$0 (09-02-2018 - TX)
Charles D. Wallace v. Hattie Leslie Wallace

Charles D. Wallace and Hattie Leslie Wallace1 were divorced on January 8, 2006. The agreed divorce decree awarded both Charles and Hattie fifty percent ownership, as tenants in common, of a house and lot located at 706 Carpenter Drive, Garland, Texas (the Property), and provided a procedure for the sale of the Property. After Charles’s death on April 8, 2016, Hattie filed this suit to enforce th... More...

$0 (10-09-2017 - TX)
<center> <h2> In The Matter of Max Hopper, Decedent <P> <img width="300" src="http://rowlettfamilylaw.com/images/allen.jpg"> <P> Dallas County Courthouse - Dallas, Texas </h2> </center>

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages<br> <br> The Family and Estate of Max Hopper sued JP Morgan Chase & Co. on fraud, breach of fiduciary and breach of contract duties theories claiming that JP Morgan for mishandling the of the former American Airlines executive.<br> <br> Hopper died intestate with a $19 million estate and was hired to administer it for the family.<br> ... More...

$0 (09-27-2017 - TX)
<center> <h2> Jack Edwin Waring v. Felicia Phillips Waring <P> <img width="300" src="http://www.co.jasper.tx.us/users/0073/images/Courthouse.jpg"> <P> Jasper County Courthouse - Jasper, Texas </h2> </center>

Jack Edwin Waring seeks to reverse several of the trial court’s rulings that<br> addressed the division and characterization of property in his divorce. We conclude<br> the evidence admitted during the trial supports the trial court’s findings, and we<br> affirm the terms in the final decree.<br> 2<br> Factual and Procedural Background<br> Jack Edwin Waring and Felicia Phillips married in 2012... More...

$0 (09-23-2017 - TX)
<center> <h2> Francis Michael Lynch v. Donna Falcon Lynch </h2> </center>

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate<br> 1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.<br> 2<br> attorney’s fees, require M... More...

$0 (09-15-2017 - TX)
ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in th... More...

$0 (06-08-2017 - TX)
Elma Garza Gonzalez v. Norma Garza Martinez, Ricardo Garza Gonzalez, Albino Garza Gonzalez, Hugo Garza Gonzalez, Danny Garza Gonzalez, Yesenia Quijana, Julio Cesar Garza Gonzalez and Raul Garza

Appellant Elma Garza Gonzalez was sued by her eight siblings for fraud, breach of fiduciary duty, and conversion in connection with the disposition of their<br> 2<br> late father’s assets. The trial court granted summary judgment against Elma,<br> awarding damages to her siblings and declaring void a gift of real property.<br> On appeal, Elma raises two issues, arguing that the court lacked subj... More...

$0 (05-23-2017 - TX)
Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary<br> judgment granted in favor of appellee Mark E. Logsdon. Because we conclude<br> the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.<br> P. 43.2(a).<br> 1See Tex. R. App. P. 47.4.<br> 2<br> I. BACKGROUND<br> A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION<br> Deborah and Mark married in 1984 and ... More...

$0 (02-16-2017 - TX)
James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant<br> James Brand appeals the judgment rendered by the trial court in the suit brought<br> against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-<br> Greer), for breach of contract and for violations of the property code. Because<br> we hold that Brand was legally entitled to withhold $129 of Degrate-Greer�... More...

$0 (02-09-2017 - TX)
Christy Allane Rodriguez v. The State of Texas

Rodriguez was charged by indictment alleging in relevant part that, “with intent to <br> assault, harass, or alarm,” she caused Denison police officer Holly Jenkins “to contact <br> [Rodriguez’s] saliva” while Jenkins was effecting Rodriguez’s arrest. See TEX. PENAL CODE <br> ANN. § 22.11(a)(2) (West Supp. 2015). The charge arose after Rodriguez spit on Jenkins <br> numerous times w... More...

$0 (08-04-2016 - TX)
Romeo Longoria, et al. v. Exxon Mobil Corporation, et al.

In the underlying lawsuit, appellants claim that their ancestor, Jose M. Longoria, acquired <br> an undivided one-half interest in 9,200 acres of land in Brooks County, Texas, in the 1800s. In <br> their petition, appellants allege that Longoria’s ownership interest was not recognized in subsequent conveyances and judgments. Appellants further allege that the defendants,2 who either <br> hold or... More...

$0 (08-02-2016 - TX)
Larry Long and Woodbine Production Corporation v. Miken Oil, Inc. and Mike Tate

On September 1, 2000, Bonanza Production Company conveyed its interests in two oil and gas leases, known as the Young and Thrash leases, to Long and Tate. By this conveyance, Tate and Long purchased a seven-eighths interest in the two leases. The instrument expressly stated that the interests conveyed are to be divided equally between Tate and Long. Woodbine Production Corporation was the opera... More...

$0 (03-20-2016 - TX)
Mark and D'Nella Sherbet v. Rafaella Bender

Appellants Mark and D’Nella Sherbet appeal from the trial court’s judgment in favor of appellee Rafaella Bender in this suit for partition of certain real property jointly owned by the Sherbets and Bender. In one issue, the Sherbets contend the trial court erred in ordering a partition by sale because Bender was estopped from filing her partition suit without first offering the Sherbets the ri... More...

$0 (11-16-2015 - TX)
Harry Oliver Winkenhower v. George Allan Smith, independent executor of the Estate of Lyda Catherine Smith, Deceased

Appellant and appellee own real property in Bandera County. Appellee sued appellant seeking a partition of the property. Appellant filed a counterclaim seeking to enforce an oral agreement to convey the property into a family trust. Appellee filed a traditional and no-evidence motion for summary judgment on appellant’s counterclaims, which the trial court granted. The trial court later signed a ... More...

$0 (11-10-2015 - TX)
Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).<br> The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award re... More...

$0 (10-28-2015 - TX)
Ivarene and Victor Hosek v. Rosale Scott

Rosale Scott and Ivarene and Victor Hosek are parties to a partition deed partitioning the surface estate of 338.54 acres of land between them. Scott and the Hoseks disagree about the interpretation of the deed as it relates to the minerals under the land. The Hoseks sued Scott, and the trial court granted a partial summary judgment in Scott’s favor. Thereafter, the trial court held a hearing on... More...

$0 (10-21-2015 - TX)
Alice Ruth Peters, independent executrix for the Estate of Jo Alice Stout, et al v. Jerry Bob Young and wife, Karen Elaine Young

This is an appeal from a final judgment in which the trial court, based on the<br> jury’s answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform<br> 1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the<br> independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of<br> Jack L. Stout was r... More...

$0 (10-08-2015 - TX)
Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary<br> 2<br> judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the ... More...

$0 (10-01-2015 - TX)
Michael Bloom v. Sandra M. Swango

Michael Bloom appeals the probate court’s judgment declaring heirship, arguing in his first two issues that the probate court did not have jurisdiction to make a determination of heirship because Sandra M. Swango failed to allege and prove all the required statutory elements. In his third issue, Bloom contends that, because the probate court did not have jurisdiction, the probate court’s judgm... More...

$0 (10-05-2015 - TX)
Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissioners’ amended report regarding the partition of the property and entered its final decre... More...

$0 (07-24-2015 - TX)
Leticia Loya v. Miguel Angel Loya

In this appeal, a wife asserts that the trial court erred in granting summary judgment to her husband on her post-divorce proceeding to divide an employment-related bonus the husband received nine months after their divorce. Because we conclude that the bonus was not considered, divided, or partitioned in the divorce proceedings and the wife raised a fact issue concerning the characterization of t... More...

$0 (07-28-2015 - TX)
Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code.... More...

$0 (07-30-2015 - TX)
Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissioners’ amended report regarding the partition of the property and entered its final decre... More...

$0 (07-24-2015 - TX)
Stacy J. Williams v. T. Nichole Mai

Appellant, Stacy J. Williams, appeals the trial court’s judgment that partitioned real property owned by Williams and appellee, T. Nichole Mai. Williams argues that the trial court violated her due process rights when it<br> 2<br> partitioned real property without a hearing and without the commissioners’ report in contravention of Texas Rules of Civil Procedure 769 and 771.<br> We reverse and ... More...

$0 (07-21-2015 - TX)
Donald J. Janssen v. David A. Janssen and Noble EF DLG LP

By one issue, appellant, Donald Janssen, appeals the trial court granting of appellee, Donald Janssen’s motion for summary judgment. We affirm.<br> 2<br> I. BACKGROUND<br> Donald and David Janseen are brothers, and they are disputing the ownership of<br> certain mineral rights to a property previously owned by their mother, Helen. Prior to<br> Helen’s death in 1991, she had gifted a twenty-acr... More...

$0 (07-02-2015 - TX)
Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor “as lawful power of attorney for Frankie Taylor”1 argues the trial court erred in<br> 1Earnest Taylor alleged in his Original Petition that he was acting as “lawful power of attorney for Frankie Taylor.” He later described his status in subsequent pleadings as “Earnest Taylor Frankie Taylor in all capa... More...

$0 (04-02-2015 - TX)
Venus Minsal v. Abel H. Garcia

Venus Minsal appeals her divorce decree, arguing the trial court erred in dividing the community estate and by requiring her to sell her home, failing to recognize her reimbursement claims, and not making findings of fact and conclusions of law. We affirm.<br> BACKGROUND<br> Minsal and Garcia were common law spouses who moved to Texas from Florida in 2005. Minsal started her own salon where she wo... More...

$0 (04-08-2015 - TX)
Estate Land Company, Aaron Wiese, and Kamal Banani (Bannan) v. Anthony Wiese

In eleven issues, appellants, Estate Land Company, Aaron Wiese, and<br> Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,<br> and that there is insufficient evidence to support the judgment. We affirm.<br> I. BACKGROUND<br> In 1999, Aaron Wiese (“Aaron”) and his brother, Anthony (“Tony”) Wiese,<br> purchased three properties in Houston, Te... More...

$0 (03-10-2015 - TX)
Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank<br> Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,<br> 2<br> Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“... More...

$0 (01-15-2015 - TX)
Miguel Reyes v. Norma Reyes

This is an appeal from a final decree of divorce following a bench trial. Miguel challenges the sufficiency of the evidence to support (1) the appointment of Norma as the joint managing conservator with the right to determine the primary residence of the child; (2) the monthly child support awarded; (3) the division of the marital estate; and (4) “reimbursement” to Norma.<br> FACTUAL S... More...

$0 (12-10-2014 - TX)
Laura S. Wassmer and Stephen B. Hopper v. Jo N. Hopper

Stephen Hopper, Laura Wassmer and their stepmother Jo Hopper bring cross appeals from a summary judgment in a probate proceeding. The decedent, Max Hopper, married Jo Hopper in 1981. During the marriage, they purchased a home on Robledo Drive which they occupied until Max’s death on January 25, 2010. Max died intestate. The couple had no children. Max’s two children by a prior marria... More...

$0 (12-03-2014 - TX)
Aurora Rodriguez v. Ventura Hernandez

Aurora A. Rodriguez, Israel Rodriguez, Edelmiro Romeo Alvarez, Silverio Simon Alvarez, Anita Irma Guerra, Emilio Roman Alvarez, Adrian Alvarez, Teodoro Alvarez, Jr., and Primitivo Alvarez (the “Alvarezes”) appeal the trial court’s judgment declaring the boundaries of a tract of real property owned by Ventura Hernandez. The western boundary of Hernandez’s property abuts pr... More...

$0 (11-26-2014 - TX)
Gerald K. Johnson v. Frederick M. Evans and Christine G. Evans

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.<br> BACKGROUND<br> Several years before Johnson filed the underlying suit, the Evanses filed an action se... More...

$0 (09-18-2014 - TX)