Luker v. Carrell

PITTMAN, Judge.

On April 17, 2003, Terry Carrell filed a civil action against James H. Luker, Paul Todd, and Equipartners Financial Co., Inc., alleging three claims arising from a transaction involving a lease of real property and an option to purchase that property: constructive eviction (count 1), fraud (count 2), and conversion (count 3). The trial court later directed that David Carrell be joined as a plaintiff, and the cause was set for trial on August 16, 2004. At trial, Equipartners was dismissed as a defendant and Todd failed to appear; testimony was then received from Luker and from…