Legal Opinion
Enclave, Inc. v. Resolution Trust Corporation as Receiver of Sunbelt Federal Savings, Fsb
Court of Appeals for the Federal Circuit
Decided March 24, 1993No. 92-1753PublishedCited by 5 opinions
1Per curiam
The appellant, Enclave, Inc. (Enclave), seeks the dismissal of a summary judgment in favor of Resolution Trust Corporation (RTC) allowing them to keep the earnest money paid by Enclave because of its failure to close on the property. Upon review we find that no material issue of fact exists and therefore the summary judgment is affirmed.
FACTS
On April 26,1990, Vincenzo Barrasso and Sabino Luciano entered into a written contract with Sunbelt Savings Bank, FSB (“old Sunbelt") to buy Enclave Valley Ranch Apartments for $9,100,000. The contract provided for $182,000 in earnest money to be…
2Cases cited6 opinions
- Stewart v. BaseyTexas Supreme Court · 1952
- Deer Creek Ltd. v. North American Mortgage Co., Texas Court of Appeals, 5th District (Dallas)1990
- Siderius, Inc. v. Wallace Co., Inc.Court of Appeals of Texas · 1979
- Elliott v. HenckCourt of Appeals of Texas · 1949
- Zucht v. Stewart Title Guaranty Co.Court of Appeals of Texas · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Thanksgiving Tower Partners v. Anros Thanksgiving PartnersCourt of Appeals for the Fifth Circuit · 1995
- Gunn v. HegginsCourt of Appeals of Mississippi · 2007
- Endeavour GP, LLC v. Endeavour Highrise, L.P. (In Re Endeavour Highrise, L.P.)United States Bankruptcy Court, S.D. Texas · 2010
- Chiu Moon Chan and Ella Y. Chan v. Montebello Development Company, L.P. and Stewart Title Company, Texas Court of Appeals, 14th District (Houston)2008
- Thanksgiving Tower Partners, Plaintiffs-Counter v. Anros Thanksgiving Partners, a California Limited Partnership and Anthony T.C. Gaw, Defendants-Counter Third-Party v. Bear Stearns Real Estate Group, Inc., Third PartyCourt of Appeals for the Third Circuit · 1995