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David Bagwell, Individually and as Trustee of the David S. Bagwell Trust v. BBVA Compass, Sam Meade, and Marilyn D. Garner, Chapter 7 Trustee of the Estate of the David Bagwelll Company and Trustee of the Estate of Evermore Communities, LTD.

Citation: Not availableDocket: 05-14-01579-CV

Court: Court of Appeals of Texas; July 7, 2016; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves an appeal from a summary judgment in a fraud lawsuit filed by a real estate developer and a Chapter 7 Trustee against a bank and its representative. The primary legal issue is whether the statute of frauds and other defenses bar claims for fraud, promissory estoppel, and damages resulting from alleged misrepresentations regarding loan extensions and note assignments. The trial court granted summary judgment for the defendants on multiple defenses, resulting in a take-nothing judgment. On appeal, the court reversed the summary judgment regarding out-of-pocket damages for fraud, finding that the statute of frauds did not bar such claims, as they are not based on enforcing an oral agreement. However, the court upheld the judgment against claims for benefit-of-the-bargain damages, as these related to an unenforceable agreement. The court also found that the defenses of res judicata and collateral estoppel were inapplicable due to lack of privity and insufficient evidence of previously litigated issues. The case was remanded for further proceedings on the fraud claim related to out-of-pocket damages.

Legal Issues Addressed

Collateral Estoppel Requirements

Application: Compass failed to prove collateral estoppel as it did not provide sufficient evidence that the facts were fully litigated and essential to the prior judgment.

Reasoning: Compass failed to establish its collateral estoppel defense because it did not provide the record of RAV’s motion for summary judgment regarding Bagwell’s counterclaim, leaving uncertainty about the litigated issues.

Economic Loss Rule in Fraud Claims

Application: The economic loss rule did not apply to Bagwell's fraud claim as it was based on reliance damages rather than contractual breach losses.

Reasoning: The economic loss rule, which limits recovery of purely economic damages in negligence and products liability cases, does not apply to Bagwell's fraud claim, as it is based solely on reliance damages...

Out-of-Pocket Damages in Fraud Claims

Application: The appellate court allowed Bagwell to pursue claims for out-of-pocket damages related to alleged misrepresentations, as such damages do not seek to enforce an unenforceable contract.

Reasoning: Haase did not seek summary judgment based on a lack of evidence for damages beyond lost profits or reasonable reliance. Consequently, Glazner’s fraud claim may proceed regarding out-of-pocket damages.

Promissory Estoppel and the Statute of Frauds

Application: The Trustee's promissory estoppel claim was barred because it relied on oral promises without a corresponding written agreement, failing to meet the statute of frauds requirements.

Reasoning: Promissory estoppel can be used as a defense to recover damages resulting from reliance on a promise when a contract is unenforceable due to the statute of frauds.

Res Judicata and Privity

Application: The court found Compass could not establish the defense of res judicata since it was not a party or in privity with a party in the prior judgment.

Reasoning: Res judicata prevents relitigation of claims that were previously adjudicated and any related claims that could have been raised.

Statute of Frauds and Fraud Claims

Application: The statute of frauds barred Bagwell's fraud claim to the extent it sought damages from an unenforceable oral agreement exceeding $50,000.

Reasoning: The Statute of Frauds prohibits a fraud claim when the damages sought are based on a bargain that is unenforceable due to non-compliance with the statute.