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Texas Partition Law
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 right ... 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 De... 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”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... 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 t... 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
jury’s answers, ordered Jo Alice Stout and Jack L. Stout1 to specifically perform
1Jack L. Stout and Jo Alice Stout died during the pendency of this suit. Alice Ruth Peters, the
independent executrix for the Estate of Jo Alice Stout, was substituted for Jo Alice Stout. The Estate of
Jack L. Stout was rep... 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
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 ce... 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 judgment ... 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 decree ... 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. T... 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 decree ... 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
partitioned real property without a hearing and without the commissioners’ report in contravention of Texas Rules of Civil Procedure 769 and 771.
We reverse and rema... 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.
Donald and David Janseen are brothers, and they are disputing the ownership of
certain mineral rights to a property previously owned by their mother, Helen. Prior to
Helen’s death in 1991, she had gifted a twenty-acre tr... 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
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 capacities [d]escribed i... 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.
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
Kamal Banani, complain the trial court lacked jurisdiction to sign a final judgment,
and that there is insufficient evidence to support the judgment. We affirm.
In 1999, Aaron Wiese (“Aaron”) and his brother, Anthony (“Tony”) Wiese,
purchased three properties in Houston, Texas: 812 Main St... 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
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
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.) (“A party may appe... 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.
   $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 marriage, Stephe... 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 property owned by th... 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.
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking... More...
   $0 (09-18-2014 - TX)

Helen Butts Tipps v. Chinn Exploration Company and Cherokee Royalty Syndicate

The appearance of settled mineral ownership—which had surrounded three neighboring tracts of oil-and-gas-producing land in Gregg County since the late 1800s or early 1900s—was shattered beginning in late 2008 when three different lawsuits arose involving eight parties, one consolidation, multiple partial summary judgments, and two trials. One group of the parties generalized it well: “This c... More...   $0 (09-05-2014 - TX)

Larry Long v. Miken Oil, Inc. and Mike Tate

This cause originated as a suit by Miken Oil, Inc. and Mike Tate (Appellees or Plaintiffs), to recover operating expenses they incurred in the operation of three oil and gas leases in Gregg County, Texas. The case was tried on Appellees’ claim that they and Appellant, Larry Long (also Defendant), were cotenants of the three leases and that, as the operating cotenants, Appellees were entitled to ... More...   $0 (08-24-2014 - TX)

The Heirs of Andres Garcia and Francisca Menchaca v. Atlee Parr, Ranch Enterprises LLC, Los Orcones Ranch LTD and Los Orcones Ranch Management LLC

This is an appeal of a take-nothing summary judgment adjudicating title to approximately 11,000 acres of real property in Duval County. Because we conclude appellants failed to produce evidence that they hold title to any part of the property at issue, we affirm the trial court’s judgment.
1 Sitting by assignment.
The property in d... More...
   $0 (08-13-2014 - TX)

Phillip C. Watrous, Individually, and as Trustee Under the Watrous Family Living Trust v. The State of Texas

The State of Texas sued Phillip C. Watrous, individually and as trustee under the
Watrous Family Living Trust (Watrous), alleging that he violated the Texas Local Government Code
by failing to plat property located in Cameron County that he subdivided for residential use (the
Property). See Tex. Loc. Gov’t Code §§ 232.021-.043 (subdivision platting requirements for
counties nea... More...
   $0 (07-30-2014 - TX)

Cynthia Schlapper v. Rand K. Forest and Crosswater Yacht Club, L.P.

Cynthia Schlapper appeals pro se from the trial court’s order dismissing her claims
against Rand K. Forest and Crosswater Yacht Club, L.P., ordering her to refrain from filing further
pleadings asserting such claims, and awarding Crosswater attorney’s fees. For the reasons that
follow, we affirm.
This appeal arises from a long-running prope... More...
   $0 (07-30-2014 - TX)

Robert Samaniego v. Mary Samaniego

Appellant Robert Samaniego appeals from a final decree of divorce. On appeal, Robert raises four issues, contending he was denied his rights to Due Process and Due Course of Law under the United States and Texas Constitutions when: (1) the attorneys committed fraud; (2) the trial court divided the community property using “inaccurate property details and appraisal valuation,” rendering the jud... More...   $0 (06-25-2014 - TX)

The Staley Family Partnership, LTD v. David Lee Stiles, et al

Appellant, the Staley Family Partnership, Ltd. (Staley) brought an action seeking a judicial declaration that it has an easement by necessity across land owned by appellees David Lee Stiles, Delzie Stiles, Ginger Westbrook, Robert Stiles, and David Stiles to access County Road 134 (CR 134). Appellees filed a counterclaim, seeking a judicial declaration that Staley does not have an easement across ... More...   $0 (06-21-2014 - TX)

Adrian Broncha Alexander v. The State of Texas

In four issues, appellant, Adrian Broncha Alexander, challenges the trial court’s denial of his motion to suppress. We affirm.


Here, appellant was charged by indictment with unlawful possession of a controlled substance, cocaine, in an amount less than one gram in a drug-free zone, a second-degree felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.115 (West 2010); see ... More...
   $0 (05-29-2014 - TX)

In the matter of the Estate of J.L. Beasley, deceased

Kelly Ashworth Stovall, Appellant, appeals the final judgment entered by the assigned statutory probate judge, the Honorable Robert E. Price, who construed the Last Will and Testament of J.L. Beasley. Judge Price held that J.L. intended to give Appellant 80 acres located on the east side of the western half of the 320-acre tract of land, but not the house or barn located on the 320-acre tract. App... More...   $0 (05-22-2014 - TX)

Julio M. Aguilera v. Delmis S. Aguilera

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has... More...   $0 (04-23-2014 - TX)

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc.

This appeal arises from a lawsuit in which the appellants alleged adverse possession of an easement across their property. The easement was previously expressly granted by their predecessor-in-interest to the predecessor-in-interest of Double Knobs Mountain Ranch, Inc. The appellants claimed they had adversely possessed the easement, but after a bench trial, the trial court disagreed and entered j... More...   $0 (01-22-2014 - TX)

In the Estate of Consuella Perkins Ulbrich, Deceased

On September 18, 2013, we issued an opinion affirming the probate court’s judgment in part, reversing the probate court’s judgment in part, and remanding the cause to the probate court. See Estate of Ulbrich, No. 04-12-00514-CV, 2013 WL 5297161 (Tex. App.—San Antonio Sept. 18, 2013). Appellant then filed a motion for rehearing. After requesting a response, we grant appellant’s motion for r... More...   $0 (01-17-2014 - TX)

Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac... More...   $0 (12-22-2013 - TX)

Paula Lehne Netherton v. Jacintha Cowan, Ind. and as the Indep. Executor of the Estate of James Dennis Lehne, Jr., Shannon Sucher and James Dennis Lehne, III

This appeal involves the construction of James Dennis Lehne, Sr.’s will. At issue is whether Paula Lehne Netherton (“Paula”) or James Dennis Lehne, Jr.’s Estate and his beneficiaries (collectively “Jr.’s Estate”) are the owners of 423.911 acres in Menard County (“the Property”) bequeathed by James Dennis Lehne, Sr. in his will. In the trial court, both parties moved for summary j... More...   $0 (08-18-2013 - TX)

Jimmie Luecke Children Partnership, Ltd. v. Elaine Pruncutz, John Pruncutz and Amy Peters

Appellant Jimmie Luecke Children Partnership, Ltd. (Partnership) challenges a final judgment in which the district court, following a bench trial in a partition suit, approved a commissioners’ report partitioning land owned by the Partnership and Appellees Elaine Pruncutz, her husband John Pruncutz, and her daughter Amy Peters (collectively, Pruncutz). Pruncutz filed this suit to partition in ki... More...   $0 (08-15-2013 - TX)

Maneese Wall v. Phillip M. Orr, Jr.

This is an appeal from a summary judgment granted on the grounds of res judicata or collateral estoppel. Maneese Wall sued Phillip M. Orr, Jr., as Trustee of the Orr Family Trust for debt and breach of fiduciary duty alleging Orr did not pay her a distribution in the same manner as paid to other contingent beneficiaries. Orr’s answer, among other things, raised the defenses of res judicata and c... More...   $0 (07-30-2013 - TX)

Lillie Phillips v. Irene Schneider

Lillie Phillips brought an action seeking to obtain an easement by necessity across land owned by her cousin and neighbor Irene Schneider. The trial court failed to find that she carried her burden of proof and rendered judgment denying her claim. Phillips appeals the take-nothing judgment. Phillips complains in two issues that the evidence is legally and factually insufficient to support the tria... More...   $0 (07-31-2013 - TX)

LeAnn Randall v. Goodall & Davison, P.C. and J. Mark Avery

This appeal concerns litigation that arose after a widowed wife, appellant LeAnn Randall, discovered that her late husband, Dr. Bob Randall, had left her less of an inheritance than she claims he promised her. Alleging that she had been tortiously deprived of her interest in community property that Bob had transferred to an irrevocable trust benefitting his children from a prior marriage, LeAnn su... More...   $0 (07-02-2013 - TX)

Robert F. Meekins, Jr. v. Roy Wisnoski and Mari Kay Wisnoski

The parties dispute the nature of this lawsuit. Appellant Robert F. Meekins, Jr. characterizes it as a trespass to try title suit, while appellees Roy and Mari Kay Wisnoski contend it is “an impermissible collateral attack on a probate court’s final appealable order related to the partition of . . . real property.” In three issues, Meekins challenges the trial court’s entry of summary judg... More...   $0 (05-16-2013 - TX)

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