Gaona v. Gonzales

BEA ANN SMITH, Justice.

We consider in this appeal whether the equitable rights of one who has contracted to buy real property prevail over a judgment lien placed on the property by a creditor of the seller. Appellee Rodolfo Gonzales obtained a summary judgment ordering the foreclosure of his lien on land appellant Arthur Gaona had contracted to buy. We will reverse the judgment and remand the cause.

In his sole issue on appeal, Gaona contends that the trial court erred in rendering summary judgment. As the movant for summary judgment, Gonzales was required to show that no genuine issue of…