Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of September 8, 2008

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

<Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Paciwest, Inc. v. Warner Alan Properties, LLC, No. 02-07-00443-CV (Sept. 11, 2008) (Livingston, J., joined by Dauphinot and McCoy, JJ.): Held: The trial court did not err by granting summary judgment for Appellees on their breach of contract claim. The evidence conclusively proves that Appellant agreed to amend the real estate purchase and sale contract to allow for an all-cash transaction and that Appellant breached the contract by refusing to close unless Appellees assumed Appellant’s loan (as per the pre-amendment contract). Additionally, the trial court did not err by determining that Appellees were entitled to specific performance. However, the trial court did err by precluding Appellees from seeking delay and other incidental damages in addition to specific performance.