Warranty Law
 
Tammy Fernandez v. Raj Singh

Tammy Fernandes successfully sued vexatious litigant Raj Singh and his wife
Kiran Rawat individually and as trustees of the Sita Ram--or “Sitaram”--Trust (Trust), for
wrongful eviction and related claims. She obtained an award of compensatory and
punitive damages, as well as costs and attorney fees. All defendants filed a joint notice of
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appeal through counsel. While Rawat a... More...
   $0 (11-03-2017 - CA)

International Medicine Center Enterprtises, Inc. and Edward R. Rensimer, M.D. v. Sconet, Inc. and Thomas F. Hurley Harris County Courthouse - Houston, Texas

International Medicine Center Enterprises, Inc. (“IMC”) and Edward R. Rensimer, M.D. (“Rensimer”) are appealing the judgment in favor of ScoNet, Inc. (“ScoNet”) and Thomas F. Hurley (“Hurley”), rendered after a jury trial. IMC and Rensimer argue that: (1) the trial court erred by granting a directed verdict against them on their Deceptive Trade Practices Act (“DTPA”) claim; (2) the trial court err... More...   $0 (10-26-2017 - TX)

Santiaga Herrera v. Gloria Coronel Alejos Harris County Courthouse - Houston, Texas

Santiaga Herrera owned and lived in a house with a garage apartment. Herrera sold the property to Gloria Alejos, who financed the purchase with a note made to Herrera. After closing, Alejos’s daughter, Banesa Coronel, moved into the
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house, and Alejos allowed Herrera to stay in the garage apartment, where she was
living at the time of the sale.
Alejos later tried to evict Herrera,... More...
   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
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McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - 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 the ... More...   $0 (10-09-2017 - TX)

Charles Brooks v. Calatlantic Homes of Texas, Inc., f/k/a Standard Pacific of Texas, Inc. and Standard Pacific Corp.

Charles Brooks appeals a summary judgment granted in favor of appellees based on a statute of repose. Under the statute, certain suits against persons who construct an improvement to real property must be brought within ten years after the construction of the improvement. TEX. CIV. PRAC. & REM. CODE ANN. § 16.009 (West 2002). The issue presented in this appeal is whether the statute of repose bars... More...   $0 (10-09-2017 - TX)

RSB Vineyards, LLC v. Bernard A. Orsi

This is a breach of warranty action in the absence of a warranty. Plaintiff RSB
Vineyards, LLC (RSB) purchased a vineyard jointly owned by the four defendants,
including a residence that defendants had renovated and converted into a wine tasting
room. RSB later learned that the renovated residence was structurally unsound for
commercial use and was forced to demolish it.
In res... More...
   $0 (09-29-2017 - CA)

In The Matter of Max Hopper, Decedent Dallas County Courthouse - Dallas, Texas

Dallas, TX - Jury Awards Plaintiff Billions In Punitive Damages

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.

Hopper died intestate with a $19 million estate and was hired to administer it for the family.
... More...
   $0 (09-27-2017 - TX)

United States of America v. Richard Kent Harris United State District Courthouse - Houston, Texas

Houston, TX - Montgomery County Couple Sentenced in Bankruptcy Fraud Conspiracy

A Conroe, Texas couple was sentenced for bankruptcy fraud conspiracy in the Southern District of Texas.

Richard Kent Harris, 74, and Darlene Ann Riley, 59, pleaded guilty on Mar. 8, 2017, to conspiracy to commit bankruptcy fraud. Harris was sentenced to 10 months in federal prison by U.S. District Jud... More...
   $0 (09-26-2017 - TX)

David Hovannisian v. First American Title Insurance Company

David and Linda Hovannisian purchased property from Wells Fargo Bank (Wells
Fargo) at a foreclosure sale. Several months later they discovered there was a first
priority deed of trust on the property that had not been extinguished by the foreclosure.
The Hovannisians sued Wells Fargo for intentional and negligent misrepresentation based
2.
on a statement in Wells Fargo‟s... More...
   $0 (09-17-2017 - CA)

Daniel J. Ratajczak, Jr., et al. v. Beazley Solutions Limited and Land O'Lakes Inc v. Packerland Whey Products Inc et al.

Between 2006 and 2012
Packerland Whey Products, Inc., deceived at least one of its
customers about the protein content of a product called
Whey Protein Concentrate. Whey, the watery part of milk
that remains after the removal of curds, is rich in protein.
Removing whey’s nonprotein components generates a concentrate
that can be used in other products. Land O’Lakes,
Inc.... More...
   $0 (09-07-2017 - )

Joseph Tomlinson v. Douglas Knight Construction, Inc. Utah Supreme Court of Utah - Salt Lake City, Utah

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...   $0 (08-30-2017 - UT)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

John Nelson v. Carlos Pasol and Jovita De Pasol

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...
   $0 (08-24-2017 - TX)

Caroline H. Martinez, Individually and Trustee of The Caroline H. Martinez Revocable Living Trust v. Robert Martinez

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Background
Chon and Elizabeth Martinez, Caroline’s and B... More...
   $0 (08-24-2017 - TX)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Carol Paselk v. Bayview Loan Servicing, LLC

Bayview Loan Servicing, LLC (Bayview), purchased the property located at 330 County Road 1169, Brashear, Texas 75420 (the Property)1 at a public foreclosure sale. After acquiring a substitute trustee’s deed, Bayview sent a notice to Carol Paselk and all other occupants of the Property requesting that they vacate the premises. Because Paselk failed to timely vacate the premises, Bayview filed a sui... More...   $0 (08-10-2017 - TX)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour... More...   $0 (08-10-2017 - TX)

PGA West Residential Association, Inc. v. Hulven International, Inc.

In its lawsuit against Hulven International, Inc. (Hulven) and various other
defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant
Dempsey Mork1 tried to fraudulently insulate the equity in his condominium from
creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork,
as the beneficiary of a deed of trust and note, and by later ... More...
   $0 (08-10-2017 - CA)

Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
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business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol... More...
   $0 (08-08-2017 - TX)

Dow Roofing Systems, LLC v. Great Commission Baptist Church and Chamberlin Dallas, LLC f/k/a Chamberlin Dallas, Ltd. d/b/a Chamberlin Roofing and Waterproofing f/k/a Chamberlin Roofing & Waterproofing, Ltd.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00395-CV
DOW ROOFING SYSTEMS, LLC APPELLANT
V.
GREAT COMMISSION BAPTIST APPELLEES
CHURCH AND CHAMBE... More...
   $0 (08-03-2017 - TX)

Dennis M. Rush v. White Corporation

Spanish Peaks is a 3000-acre luxury resort in Big Sky Country, Montana, a
development begun in 2002 by Spanish Peaks Holdings II, LLC (Holdings). The
featured residences at Spanish Peaks were to be “high end settlement cabins,” to be
constructed close to a massive lodge, which was to be the centerpiece of the
development, containing restaurants, stores, recreation facilities, and o... More...
   $0 (07-29-2017 - CA)

The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope... More...
   $0 (07-27-2017 - CA)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

In the Matter of the Marriage of Carolyn Clark Kennedy and Donald Ray Clark Sr. and Donald Ray Clark Jr.

This appeal is brought by appellants Donald Ray Clark, Sr., and his son, Donald
Ray Clark, Jr., complaining of a judgment entered in favor of appellee Carolyn Clark
Kennedy. We affirm in part and reverse and remand in part.
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FACTUAL AND PROCEDURAL BACKGROUND
Donald Sr. had four children, including Donald Jr., and they resided at 2511 7th
Street, Galena Park, Texas. In May ... More...
   $0 (07-06-2017 - )

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