RECENT DECISIONS FROM HOUSTON COURTS OF APPEALS Durrett Development, Inc. v. Gulf Coast Concrete, LLC (Tex.App.- Houston [14th Dist.] Aug. 27, 2009) (Frost)(real estate transaction, lease law, lease with purchase option, right of first refusal, declaratory judgment) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-01062-CV Durrett Development, Inc. v. Gulf Coast Concrete, LLC Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin Sandhu v. Pinglia Investments of Texas, LLC (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Seymore) (commercial real estate transaction: financing of purchase of shopping center, suit for breach of promissory note, summary judgment procedure, affirmative defenses not properly asserted in response to Plaintiff's motion, proof of balance due and damages in note suit) Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by Justice Charles Seymore Panel members: Chief Justice Hedges, Justices Anderson and Seymore 14-08-00184-CV Raghbir Sandhu v. Pinglia Investments of Texas, LLC and Sumer Pinglia Appeal from 164th District Court of Harris County Salymeh v. Plaza Centro, LLC (Tex. App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, landlord-tenant, forcible detainer, right of possession, lost rents not proven) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Seymore and Guzman 14-06-01101-CV Mohammad Salymeh d/b/a Muebleria Y Bazar Tierrablanca v. Plaza Centro, LLCAppeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston [1st Dist.] Aug 21, 2008)(Radack) (lease law commercial, sublease, duty to mitigate damages, anticipatory repudiation) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton d/b/a Linux Professional Group Appeal from Civil County Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd O'Kane v. Coleman (Tex.App.- Houston [14th Dist.] July 1, 2008)(Fowler)(commercial leases, Theft Liability Act claim, amendment of pleadings prior to hearing, tortious interference, defense of privilege, denial of motion for continuance, admissions exclusion of summary judgment evidence, Theft Liability Act claim, tortious interference, defense of privilege, denial of motion for continuance, admissions exclusion of summary judgment evidence) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00657-CV Jon Richard O'Kane v. Jeff Coleman, Individually and Enterprise Rent-A-Car Company of Texas, Inc. Appeal from 10th District Court of Galveston County Trial Court Judge: David Edward Garner In this case arising from sequential leases of the same commercial premises, the initial lessee, appellant Jon Richard O'Kane appeals from a take-nothing summary judgment in favor of the subsequent lessees, appellees Jeff Coleman, individually, and Enterprise Rent-A-Car Company of Texas, Inc. We affirm the judgment in favor of appellees on all claims except O'Kane's claim under the Texas Theft Liability Act. We sever that claim from the remaining claims, reverse the summary judgment in favor of appellees on O'Kane's Theft Liability Act claim, and remand to the trial court. Having concluded that appellees' summary judgment motion was not sufficiently broad to cover O'Kane's Texas Theft Liability Act claim, we reverse the trial court's summary judgment in favor of appellees on that claim, sever that portion of the court's judgment, and remand the case to the trial court for further proceedings as to the Texas Theft Liability Act claim. We affirm the remainder of the judgment. |
| Commercial Real Estate Case Law Houston Appellate Courts Houston Opinions |
| RECENT TEXAS SUPREME COURT CASES Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex. Aug. 31, 2007)(per curiam)(real estate fraud, limitations) Gym-N-I Playground, Inc. v. Snider, No 05-0197 (Tex. Apr. 20, 2007)(Jefferson)(commercial lease, "as is" provision, warranty disclaimer enforceable, bars suit) |
Also see ---> Real Estate Caselaw (residential) | Lease Law |
Commercial Lease Law & Litigation
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Commercial Lease Law & Litigation
RELATED CASE LAW PAGES: homeowner law | lease law |
landlord-tenant disputes | condemnation, eminent domain
proceedings | construction law and litigation | foreclosure |
consumer law and litigation | property tax appraisal protests and
appeals | premises liability suits |