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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Wilchester West Concerned Homeowners LDEF, Inc. v. Wilchester West Fund, Inc.

This case addresses a dispute between a homeowners' organization, Wilchester West Concerned Homeowners LDEF, Inc. (WWCH), and several homeowners' associations along with a recreational club. WWCH challenged the trial court's summary judgment which favored the Wilchester West Fund, Inc., Wilchester Club, and Wilchester Owners Committee. The central issue was the validity of amended deed restrictions that mandated homeowner membership in the Wilchester Club and increased annual assessments for its recreational facilities. WWCH contended the amendments lacked proper authority and involved material non-disclosures. The court ultimately affirmed the trial court's decision, upholding the validity of the deed restriction amendments and the homeowners' associations' discretionary authority in entering into the Use Agreement.

Deed RestrictionsHomeowners AssociationDeclaratory JudgmentSummary JudgmentProperty RightsOrganizational StandingAmendment ValidityContract AuthorityNon-Profit CorporationTexas Property Code
References
27
Case No. 08-17-00104-CV
Regular Panel Decision
Jan 08, 2020

WTX Fund, LLC v. Ray Holt Brown, Patti Holt Elkins, Janie H. Giddiens Trust, Bobby Van Holt Revocable Living Trust, Jay F. Holt, John Thomas Holt, Cheryl Jones, Debra Lynn Morgan Revocable Trust, Judy K. Wadsworth and Susan G. Wesson Revocable Living Trust

WTX Fund, LLC (Appellant) appealed the trial court's ruling on cross motions for summary judgment concerning the interpretation of a 1951 mineral deed. The core dispute was whether the original grantors conveyed their entire mineral interest or reserved their royalty interest. The trial court had granted summary judgment in favor of the Holt heirs (Appellees), concluding that the deed conveyed all mineral interests, including the royalty. However, the appellate court determined that the 1951 deed expressly excluded the grantors' royalty right in its entirety from the conveyance. Consequently, the appellate court reversed the trial court’s judgment, rendered partial judgment in favor of WTX, and remanded the case for a reconsideration of WTX’s remedy and attorney's fees.

Mineral Deed InterpretationRoyalty InterestNon-Participating RoyaltyExecutive RightsMineral Estate AttributesDeed ConstructionSummary JudgmentReversed JudgmentRemand for RemedyAttorney Fees
References
34
Case No. 04-14-00609-CV
Regular Panel Decision

Irma Lemus and Manuel Lemus v. John Rene Aguilar, Johnny B. Wells, Laura Ashley Wells, and Johnny Montoya Garza

This case involves an appeal concerning the ownership of a property at 106 Cameo in San Antonio, Texas. The primary dispute revolves around two competing deeds: an informal "will" signed in 2005 by Elvira Aguilar and Johnny Montoya Garza, intended to convey the property to Elvira's grandchildren (John Rene Aguilar, Laura Ashley Wells, and Johnny B. Wells), and a formal warranty deed signed in 2009 by Elvira Aguilar to Irma Lemus and Manuel Lemus, Jr. The appellees argue that the 2005 "will" functions as a valid gift deed, establishing their superior title. They contend that Elvira Aguilar lacked the mental capacity due to advanced Alzheimer's disease to execute the 2009 deed, rendering it void. Additionally, the appellees challenge the appellants' claim for reimbursement for property improvements, asserting a lack of good faith given the appellants' awareness of the adverse claims and the timing of the improvements. The authenticity of Elvira's signature on the 2005 document is also defended.

Property LawDeed DisputeMental CapacityAlzheimer's DiseaseGift DeedTrespass to Try TitleAttorneys FeesGood Faith ImprovementsAppellate ProcedureTexas Law
References
41
Case No. MISSING
Regular Panel Decision
Jun 15, 1984

Polito v. Polito

The plaintiff appealed a judgment dismissing her complaint seeking rescission of a release and reformation of a deed, alleging duress. The Supreme Court, Kings County, initially dismissed the complaint. The appellate court found ample evidence of the defendant's physical and emotional abuse, which compelled the plaintiff to sign the release, thus depriving her of free will. The court reversed the lower court's judgment, reinstated the complaint, and remitted the matter for entry of a judgment rescinding the release and reforming the deed to establish joint tenancy of the property.

DuressRescissionDeed ReformationDomestic ViolenceSpousal AbuseJoint TenancyEquitable ReliefAppellate ReviewFree WillRatification of Agreement
References
5
Case No. MISSING
Regular Panel Decision
Sep 03, 1982

Cerrato v. Thurcon Construction Corp.

This case concerns a construction worker (plaintiff) who sustained serious injuries and sued 211 Thompson Corp. (owner) and Thurcon Construction Corp. (general contractor). Defendant 211 Thompson Corp. raised an affirmative defense of lack of personal jurisdiction due to improper service of process. After the Statute of Limitations had expired, plaintiff moved to strike this defense, while 211 cross-moved to dismiss the action as time-barred. Special Term referred the issue of service validity to a referee, but the plaintiff argued for a jury trial on this factual issue. The Appellate Division, Supreme Court, New York County, modified Special Term's order, directing a jury trial on the validity of the service, while otherwise affirming the original determination. The dissenting opinion argued that the right to a jury trial should not be conditioned on the stage of proceedings or the impact of dismissal on the Statute of Limitations, and furthermore, considered the question of authority to accept service as one of law, not fact.

Jury TrialService of ProcessPersonal JurisdictionStatute of LimitationsAffirmative DefenseAppellate ReviewCPLRProcedural LawConstruction AccidentsNew York Courts
References
3
Case No. MISSING
Regular Panel Decision

TXU Generation Co. v. Public Utility Commission

The Texas Court of Appeals, Austin, reviewed a direct appeal challenging the Public Utility Commission's Wholesale Market Oversight (WMO) Rule. Appellants, a group of market participants, argued the rule exceeded the Commission's statutory authority, was unconstitutionally vague, constituted an unconstitutional taking, and violated the Administrative Procedure Act (APA) regarding notice and concise statement of authority. The court, led by Justice Bea Ann Smith, affirmed the validity of the WMO Rule. It held that the Commission possessed broad authority under PURA to regulate the wholesale electricity market to protect public interest, consumers, and ensure reasonably priced ancillary services, even if some prohibited conduct was unintentional. The court also found the rule provided sufficient notice and did not invite arbitrary enforcement, nor did it constitute an unconstitutional taking or violate APA procedures. Ultimately, the court affirmed the validity of the WMO Rule, concluding that it reasonably promotes competition and fulfills legislative goals for the electricity market.

Electricity RegulationWholesale Energy MarketPublic Utility CommissionAdministrative LawStatutory InterpretationConstitutional ChallengesMarket Power AbuseConsumer ProtectionTexas LawDirect Appeal
References
38
Case No. 01-22-00954-CV
Regular Panel Decision
Jan 29, 2026

Wanda Joyce Smith v. Casey Lending, LLC

Appellant Wanda Joyce Smith challenged a summary judgment that dismissed her claims against Casey Lending, LLC and Tai Phan regarding a property foreclosure stemming from a delinquent tax suit. Smith argued she had a valid one-third interest in the property and that a co-owner, Thomas, could not unilaterally encumber her interest. The appellate court found Smith's property deed to be valid, establishing her standing to challenge the foreclosure. The court concluded that Thomas could not encumber Smith's one-third interest under Tax Code Section 32.06, and therefore Casey Lending was not entitled to summary judgment on its claim of statutory subrogation.

Property disputeTax foreclosureBill of reviewSummary judgmentAppellate reviewCo-tenancyUndivided interestTax liensStatutory interpretationTexas Tax Code
References
48
Case No. 03-07-00240-CV
Regular Panel Decision
Mar 28, 2008

Myrad Properties, Inc. v. Lasalle Bank National Ass'n

Myrad Properties, Inc. appealed a summary judgment concerning the non-judicial foreclosure of two apartment complexes, La Casa and Casa Grande, secured by a single note. The central dispute involved an error in the foreclosure notice that only described one property. The court determined that despite the inconsistency, references to the Deed of Trust provided sufficient notice for both properties. The lower court's judgment, affirming the conveyance of both properties and the validity of the correction deed, was largely upheld. However, the appellate court reversed and remanded the claim for a surplus due to Myrad, citing unresolved fact issues regarding the calculation of Myrad's outstanding debt.

ForeclosureNon-judicial foreclosureDeed of TrustProperty description errorSummary judgmentReal propertyApartment complexesSubstitute trusteeNotice of saleCorrection deed
References
29
Case No. 03-07-00240-CV
Regular Panel Decision
Jan 25, 2008

Myrad Properties, Inc. v. LaSalle Bank National Association, as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc. Commercial Mortgage Pass-Through Certificates, Series 1997-C1 Robin Green And Melissa Cobb

This is an appeal from a final summary judgment concerning claims arising from the non-judicial foreclosure of two apartment complexes. The core issue involved a discrepancy in the notice of foreclosure sale, which mistakenly described only one of the properties securing the note. The appellate court affirmed the district court's ruling that the foreclosure sale validly conveyed both properties and that the subsequent correction deed was effective, citing sufficient notice provided by references to the Deed of Trust and a lack of evidence of chilled bidding or grossly inadequate price. However, the court reversed and remanded the part of the judgment related to a declaratory claim for a surplus due to outstanding fact issues regarding certain insurance charges and interest on Myrad's reserve accounts. The court further affirmed the dismissal of Myrad's breach of duty and conspiracy claims against the substitute trustee.

ForeclosureNon-judicial foreclosureProperty description errorDeed of trustSubstitute trusteeSummary judgmentReal propertyMortgageAppellate reviewTexas Property Code
References
35
Case No. MISSING
Regular Panel Decision

the Note Investment Group, Inc. v. Associates First Capital Corp., Successor by Merger to Associates Financial Services Company, Inc.

This case involves an appeal from a dispute between The Note Investment Group, Inc. (TNIG) and Associates First Capital Corp. (Associates) regarding the sale of partial interests in seller-financed notes. TNIG sued Associates for breach of an alleged 'Global Agreement' and individual Deed of Trust Participation Agreements (DOTPAs), claiming Associates failed to purchase remainder interests and to pay excess proceeds. Associates made a settlement offer and later tendered funds for the DOTPA claims. The trial court granted partial summary judgment for Associates on the Global Agreement claims, found Associates' tender valid, denied TNIG attorney's fees, and awarded Associates litigation costs. TNIG appealed these rulings, arguing errors in the litigation cost award, the tender's validity, and the summary judgment reconsideration. The appellate court affirmed the trial court's judgment on all points.

Contract DisputeSeller-Financed NotesContracts for DeedDeed of Trust Participation AgreementsBreach of ContractConversionSummary JudgmentSettlement OfferTender of FundsAttorney's Fees
References
42
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