Legal Opinion · Dissent

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, 15-0848Published

1DissentJustice Willett

Sommers argues that Sandcastle and NewBiss had actual knowledge of the Cohen lawsuit concerning the West Newcastle property when they bought the property, and that they acquired this knowledge independently of the lis pendens notices of *762the Cohen lawsuit. On this basis, Sommers says the trial court erred in granting summary judgment for Sandcastle and New-Biss, and the Court agrees.

Frankly, the statute is a linguistic mare’s nest. The Court today refers to the statute’s “plain text”1 and “plain language,” 2 but this provision is the antithesis of plain. It is a muddle the Court must muddle…

2Cases cited16 opinions

  1. State v. ShumakeTexas Supreme Court · 2006
  2. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  3. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  4. Tooke v. City of MexiaTexas Supreme Court · 2006
  5. City of San Antonio v. City of BoerneTexas Supreme Court · 2003

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