Legal Opinion

Ron Sommers, as Chapter 7 Trustee for Alabama and Dunlavy, Ltd., Flat Stone II, Ltd., and Flat Stone, Ltd., and as Successor in Interest to Jay Cohen, Individually and as Trustee of the Jhc Trusts I and Ii v. Sandcastle Homes, Inc.

Texas Supreme Court

Decided June 16, 2017No. 15-0847, 15-0848PublishedCited by 59 opinions

1Opinion of the CourtJustice Brown

in which Justice Green, Justice Johnson, Justice Guzman, and Justice Boyd joined.

Black’s Law Dictionary tells us that to “expunge” is “[t]o remove from a recordt;] ... to erase or destroy.”1 Today we must decide just how much notice is “erased” or “destroyed” when a statute expunges a notice of pending litigation, or lis pendens. Sandcastle Homes, Inc., and NewB'iss Property, LP, each bought real property involved in a title dispute. The two companies prevailed at the summary-judgment stage, successfully arguing that Property Code section 12.0071—the lis pendens-ex-punction statute—eliminated…

2Cases cited26 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Valence Operating Co. v. DorsettTexas Supreme Court · 2005
  3. Diversicare General Partner, Inc. v. RubioTexas Supreme Court · 2005
  4. Acker v. Texas Water CommissionTexas Supreme Court · 1990
  5. Alex Sheshunoff Management Services, L.P. v. JohnsonTexas Supreme Court · 2006

21 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. in the Interest of H.S., a Minor ChildTexas Supreme Court · 2018
  2. State v. T.S.N.Texas Supreme Court · 2018
  3. Tex. Workforce Comm'n v. Wichita Cnty.Texas Supreme Court · 2018
  4. Van Duren v. ChifeCourt of Appeals of Texas · 2018
  5. In re Interest of C.J.N.-S.Texas Supreme Court · 2018

54 more not listed; retrieve them via the Exa API.

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