Legal Opinion

De Monet v. Pera

Texas Court of Appeals, 5th District (Dallas)

Decided March 4, 1994No. 05-92-02711-CVPublishedCited by 35 opinions

1Opinion of the Court

OPINION

ROSENBERG, Justice.

This is a summary judgment case. Joaquin de Monet, Ricardo de Monet, Charles Schonfeld, and Helga Schonfeld (Sellers) appeal the trial court’s decision to grant PERA rescission of a $30 million purchase agreement on the grounds of mutual mistake. Sellers bring seventeen points of error, contending that the trial court erred in granting summary judgment to Public Employees Retirement Association of the State of Colorado (PERA) and denying their cross-motion for summary judgment.

We conclude that a material fact issue exists regarding mutual mistake. We sustain Sellers’…

2Cases cited31 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Coker v. CokerTexas Supreme Court · 1983
  4. McConnell v. Southside Independent School DistrictTexas Supreme Court · 1993
  5. Carr v. BrasherTexas Supreme Court · 1989

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3Cited by35 opinions

  1. Barker v. Roelke, Texas Court of Appeals, 11th District (Eastland)2003
  2. Cherry v. McCall, Texas Court of Appeals, 4th District (San Antonio)2004
  3. Haire v. Nathan Watson Co.Court of Appeals of Texas · 2007
  4. Houston Casualty Co. v. Certain Underwriters at Lloyd's LondonDistrict Court, S.D. Texas · 1999
  5. Green v. Morris, Texas Court of Appeals, 10th District (Waco)2001

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