| TERMS: real estate transactions | real estate disputes | sale of real property | partition of land | deed restrictions | restrictive covenants | home owners associations | warranty deed | deed of trust | title dispute | clear title | cloud on title | lis pendens | trespassing | trespass to try title action | breach of contract | breach of earnest money contract | real estate fraud | escrow | suit to set aside deed | 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 | Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Higley) (real estate law , judgment lien, cloud on title, constructive trust counterclaim, intervention, satisfaction of judgment, real estate, enforcement of judgment, lien, abstract of judgment, cloud on title, real estate fraud, bona fide purchaser defense, constructive trust counterclaim, intervention, satisfaction of judgment, UFTA fraudulent transfer claim, bona fide purchaser) , insider, UDJA declaratory judgment suit) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00096-CV Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Ronald L. Wilson Luccia v. Ross (Tex.App.- Houston [1st Dist.] Sep. 4, 2008)(Alcala) (lease law, real estate sale purchase option for property, specific performance) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00080-CV Paul Luccia, Individually and d/b/a Cabot & Rowe v. Kathryn L. Ross Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Kent C. Sullivan Karen McCright v. Rodriguez (Tex.App.- Houston [1st Dist.] June 26, 2008)(Jennings) (real estate law, property dispute, foreclosure, deed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00480-CV Karen McCright v. Josh Rodriguez and Emmett Sterling Huff Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates) (real estate transaction, equitable lien) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates Before Judge Sears, Justices Brock Yates and Guzman 14-06-00671-CV WMC Mortgage Corp., Emmanuel D. Gaines, and Darrell Turner v. James Adams and Dorothy Adams Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings) (real estate law, easement dispute, validity) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00763-CV Leeland Rinn v. Max Wennenweser Appeal from 155th District Court of Austin County Trial Court Judge: Hon. Dan R. Beck Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.] June 12, 2008) (Hedges) (easement dispute) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00868-CV Robert Ward v. Northampton Municipal Utiity District Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Kindsfather v. Green (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft)(real estate law, forged deed) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01111-CV Ray Kindsfather v. Frank Green Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Appellante: Ray Kindsfather, pro se; Appellee's attorney: Erin L. Westendorf, John Hagaman Polk Lofton v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks) (real estate law, trespass to try title, adverse possession) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler, Delilah A. Lofton, and Horace Lofton v. Eddie Dyer Appeal from 278th District Court of Grimes County Trial Court Judge: Hon. Kenneth Keeling Chappel Hill Bank v. Lillian Smith (Tex.App. - Houston [14th Dist.] May 8, 2008)(Brown) (real estate law, easement, attorneys fees) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00099-CV Chappell Hill Bank v. Lillian Smith Appeal from 335th District Court of Washington County Trial Court Judge: Terry Flenniken URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges) (real estate transaction, setting aside deed, clean hands, bona fide purchaser) AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00043-CV URI Cohen v. Delores Hawkins Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr. 3, 2008) (Subst. plurality op. by Edelman) (subdivision restrictive covenant dispute, homeowner law) AFFIRMED: Opinion by Justice Edelman 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County Concurring and Dissenting Opinion by Justice Frost in Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park. Trial Court Judge: Wayne J. Mallia Howeth Investments, Inc. v. The City of Hedwig Village (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Taft) (real estate law, land regulation, plat application, constitutional challenge) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-05-00904-CV Howeth Investments, Inc., and Jack Howeth, as Trustee for the 881 Development Trust and the 901 Development Trust-assignees for Howeth Investments, Inc. v. The City of Hedwig Village, The City of Hedwig Village Planning and Zoning Commission, and S. Frank White, Robert A. Wiener, Norman E. Ward and Kathering Vazquez Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. Thompson v. Winkelmann (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala) (real estate law, access to cemetery, probate cases) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00457-CV Sampson Thompson, Jr. and Earline Thompson, Gordon Ray Johnson v. Sam A. Winkelmann, Jr. et al. Appeal from County Court at Law No 3 & Probate Court of Brazoria County Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia) (probate law, construction of will, real estate law, partition of land) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia 01-07-00041-CV Sharon Swank Backhus; Benjamin F. Swank, III; Shannon Lea Werchan Pickering; Swank Turner Backhus; Benjamin Fontaine Swank, IV; Christian Harris Swank; and Suzanne Swank Porter v. Haven Lynn Werchan Wisnoski and Shane Alan Werchan Appeal from 12th District Court of Grimes County Trial Court Judge: Hon. William McAdams Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley) (real estate transactions, trespass to try title action, tenants, lease law) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez Appeal from 11th District Court of Harris County (Judge Mark Davidson) Foote v. Tate (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Nuchia) (real estate law, contract construction, consideration) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-06-00956-CV Kennitra M. Foote v. Monica J. Tate Appeal from 270th District Court of Harris County (Judge Brent Gamble) Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler) (real estate transaction law, home purchase, fraud, DTPA claim) AFFIRMED: Opinion by Justice Fowler Before Justices Anderson, Fowler and Frost 14-06-00483-CV George K. Sheffield and Creed Corporation v. John Gibson Appeal from 190th District Court of Harris County (name of judge not shown on docket, presumably Jennifer Elrod) Was lender supposed to research possibility that cancelled lis pendens pursuant to divorce decree could be ultimately ineffective because judgment might be overturned by court of appeals? Court of Appeals does not give clear answer on whether lender entitled to rely on recorded cancellation document; reverses and remands for determination of facts. Neither party entitled to summary judgment. World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson) (real estate law, lis pendens, actual notice of defective title, cloud on title, potential encumbrance) REVERSED AND REMANDED: Opinion by Justice Anderson Before Judge Sears, Justices Brock Yates and Anderson 14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd) Home Equity Loan and Lien not void, only voidable. Failure to appeal entails res judicata effect. Lender was entitled to cure defect, and offered to do so Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler) (real estate law, home owner law, foreclosure, home equity loan, summary judgment) AFFIRMED: Opinion by Justice Fowler 14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company Appeal from 151st District Court of Harris County (Hon. Caroline Elizabeth Baker) Nayyer v. Greenbriar Place Maintenance Ass'n (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Keyes) (real estate, maintenance assessments) AFFIRM TC JUDGMENT: Opinion by Justice Keyes 01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place Maintenance Association Appeal from County Civil Court at Law No 4 of Harris County (Hon. Roberta A. Lloyd) Cypress Northwest Associates, Ltd v. Wayne Duddlesten, Ltd (Tex.App.- Houston [1st Dist.] Dec. 20, 2007) (Hanks) (real estate, deed restrictions, land development, BoC, restrictive covenant, deed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks 01-05-00827-CV Cypress Northwest Associates, Ltd. v. Wayne Duddlesten, Ltd., and BC Alliance, Inc. Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007) (Plurality opinion by Edelman) (real estate law, title, deed restrictions, restrictive covenants, commercial use, recreational use) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Protect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County (Hon. Wayne J. Mallia) Justice Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Concurring and Dissenting Opinion by Justice Frost) Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc. (Tex.App. Houston [14th Dist.] Dec. 18, 2007)(Hedges) (real estate law, escrow funds) AFFIRMED: Opinion by Chief Justice Hedges 14-07-00211-CV Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc.; MNC MCT, Inc.; MNC Memorial City Terrace, L.P.; and MNC Spring Shadows Place, L.P. Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker) Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00081-CV Paul D. Bradley v. Milton Peters, Rodney Rice and Laura Rice Appeal from 21st District Court of Washington County (Hon. Terrill L. Flenniken) Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks) (real estate law, easement by estoppel) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Choice Acquisition No. Two Inc. v. Noesi (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Guzman) (real estate law, title dispute, apartment complex) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00973-CV Choice Acquisitions No. Two Inc. and Lior Avni v. Hector Noesi & Josefina Alcantar--Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher) Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman) (real estate loan transaction, fiduciary duty of title company escrow agent) Whaley v. Central Church of Christ of Pearland (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Justice Elsa Alcala)(real estate law, dispute, easement) Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. (Tex.App. - Houston [1st Dist.] Apr. 13, 2007)(Alcala) (third appeal, real estate law, foreclosure, title, limitations, res judicata) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00830-CV Choice Personnel No. Four, Inc., and Choice Acquisitions No. Three, Inc. v. 1715 Johanna Square Ltd., J&B Richmore Management, L.L.C., J&B Gilmore Management L.L.C. Appeal from 125th District Court of Harris County (Judge John Coselli) Gillebaard v. Bayview Acres (Tex.App. - Houston [1st Dist.] Nov. 15, 2007)(Taft)(deed restrictions) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Jennings and Alcala 01-05-00961-CV Frans Gillebaard and Diane Gillebaard v. Bayview Acres Association, Inc., Abbott Sprague, Lloyd Thorton, James Flanigan, and Charles H. Prioleau Appeal from 405th District Court of Galveston County (Hon. Wayne J. Mallia) Barrow v. Pickett (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Keyes)(real estate law, easement, rural, electrical cattle fence, attorney's fees) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-06-00664-CV Nick Barrow v. Carl N. Pickett Appeal from 344th District Court of Chambers County (Carroll E. Wilborn, Jr.) This is a real property dispute concerning the nature and scope of an express easement. Appellant Nick Barrow, holder of the servient estate, appeals the trial court's judgment permanently enjoining him from placing a two-wire electric cattle gate across the roadway easement providing access to appellee Carl N. Pickett's dominant estate. In his sole point of error, Barrow contends that the trial court erred when it interpreted the Access Easement Agreement to mandate that Pickett's passage along the easement be uninterrupted by obstructions and permanently enjoined Barrow's use of the gate across the easement. We reverse and render on the merits and remand for reconsideration of attorney's fees. We reverse the trial court's orders granting injunctive relief and render judgment that the temporary, permanent, and mandatory injunctions are dissolved. We reverse that portion of the trial court's judgment awarding attorney fees to Pickett and remand that issue to the trial court for further proceedings consistent with this opinion. Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala) (DTPA, real estate, earnest money, breach of contract, common law fraud, real estate fraud, negligent misrepresentation, and detrimental reliance resulting from a failed real estate contract. Summary judgment for defendant affirmed.) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian Appeal from 281st District Court of Harris County (Hon. David J. Bernal) Greene v. Glass (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Fowler) (real estate transactions, probate law, conveyance of undivided interest in real property, parol gift, statute of frauds) AFFIRMED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Edelman) 14-06-00787-CV Robin Reindl Greene and Karen Reindl Koch v. Rose Casteel Glass, Independent Administrator of the Estate of Alicia Marcos-Diaz Reindl Appeal from Probate Court No 1 of Harris County (Hon. Russell P. Austin) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [real estate transaction law, suit to set aside constable sale deed, notice issue] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00240-CV Mark McCoy v. Renee Rogers and Timothy Rogers Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman) (real estate loan transaction, fiduciary duty of title company escrow agent) Fort Bend County, Texas v. The Burlington Northern & Santa Fe Railway Company (Tex.App.- Houston [14th Dist.] Jun. 21, 2007(Hudson)(condemnation, reimbursement, plea to the jurisdiction) Potcinske v. McDonald Property Investments, Ltd. (Tex.App.- Houston [1st Dist.] Jun 15, 2007)(Higley)(real estate, BoC) [real estate case law, contract for sale of real property, breach of contract, BoC, specific performance] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Judge Wilson, Justices Keyes and Higley 01-06-00718-CV Jon A. Potcinske v. McDonald Property Investments, LTD Appeal from 334th District Court of Harris County (Hon Sharon McCally) Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(condemnation, eminent domain) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca McCrabb Appeal from Co Civil Ct at Law No 4 of Harris County (Judge Judge Roberta A. Lloyd) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [suit to set aside constable sale deed, notice issue] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00240-CV Mark McCoy v. Renee Rogers and Timothy Rogers Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Atu v. Slaugher (Tex.App.- Houston [14th Dist.] Sep. 13, 2007)(Frost)(homeowner law, home owners association, foreclosure sale, excess proceeds, interpleader) AFFIRMED IN PART/REVER.& REND.& REVER. & REM.: Opinion by Justice Frost, Opinion by Justice Fowler, Opinion by Justice Anderson Before Justices Anderson, Fowler and Frost 14-06-00771-CV Biodun Atu v. Kristi A. Slaugher, Trusteee, Et Al Appeal from County Civil Cortt at Law No 2 of Harris County (Judge Gary Michael Block) |
| Real Estate Case Law - Houston Appellate Courts Houston Opinions |
RECENT TEXAS SUPREME COURT CASES AIC Management v. Crews, No. 05-0270 (Tex. Jan 25, 2008)(O’Neill) (condemnation, sufficiency of legal description, UDJA) Lasalle Bank Nat'l Assn. v. White, No. 06-1016 (Tex. Dec. 21, 2007)(per curiam)(real estate law, agricultural homestead, home-equity loan, lien validity) Ford v. Exxon Mobil Chemical Co., No. 06-0293 (Tex. Aug. 31, 2007)(per curiam)(real estate fraud, limitations) Norris v. Thomas, No. 05-0476 (Tex. Feb. 9, 2007) (Willet) (boat not homestead under Texas homestead law) Recent Houston Courts & Case Law (Blog) |