Legal Opinion

Nash v. Peters

Texas Court of Appeals, 8th District (El Paso)

Decided December 23, 2009No. 08-07-00211-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

GUADALUPE RIVERA, Justice.

This is an appeal from a judgment rendered in favor of Appellee (Dennis Peters), the defendant below, on a suit brought by Appellant (Emory Nash) for enforcement of deed restrictions in a residential subdivision. We reverse.

BACKGROUND

Contending Peters violated certain deed restrictions by maintaining junked cars on his property and engaging in improper trash burning, Nash filed suit in the Justice Court. Peters denied the allegations, but a jury determined otherwise and found for Nash, awarding him $3,500 in punitive damages for breach of the restrictive…

2Cases cited10 opinions

  1. Jim Rutherford Investment Inc. v. Terramar Beach Community Ass'n, Texas Court of Appeals, 14th District (Houston)2000
  2. Bala v. MaxwellTexas Supreme Court · 1995
  3. Munson v. Milton, Texas Court of Appeals, 4th District (San Antonio)1997
  4. INWOOD NORTH HOMEOWNERS'ASS'N, INC. v. MeierCourt of Appeals of Texas · 1981
  5. Anderson v. New Property Owners' Ass'n of Newport, Inc., Texas Court of Appeals, 6th District (Texarkana)2003

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3Cited by7 opinions

  1. Happy Endings Dog Rescue, a Texas Non-Profit Corporation v. Jon Layne Gregory, DVM and Donna J. GregoryCourt of Appeals of Texas · 2016
  2. BCH Development, LLC v. Lakeview Heights Addition Property Owners' Association and Barbara Wohlrabe, Texas Court of Appeals, 5th District (Dallas)2019
  3. Charles Murray v. C.I.A. Hidden Forest, Inc. and Nancy Cramer, Texas Court of Appeals, 9th District (Beaumont)2020
  4. Happy Endings Dog Rescue, a Texas Non-Profit Corporation v. Jon Layne Gregory, DVM and Donna J. Gregory, Texas Court of Appeals, 13th District2016
  5. Kevin Tarr v. Lantana Southwest Homeowners' Association, Inc., Texas Court of Appeals, 3rd District (Austin)2015

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