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LMP Austin English Aire, LLC, Derivatively Through Lafayette English Partner, LLC, (Individually and Derivatively) Through Lafayette English Apartments, LP v. Lafayette English Apartments, LP (Nominal Defendant) Lafayette English GP, LLC HVC English, LLC HVC Lafayette, LLC Scott Schaeffer Austin Lafayette Landing Realty LLC And Austin CMA English Aire Realty LLC
Citation: Not availableDocket: 03-21-00219-CV
Court: Court of Appeals of Texas; September 30, 2022; Texas; State Appellate Court
Original Court Document: View Document
The Texas Court of Appeals, Third District, affirmed in part and reversed in part a final judgment from the trial court dated May 4, 2021. The case involved LMP Austin English Aire, LLC, and Lafayette English Partner, LLC, as appellants against several appellees related to Lafayette English Apartments, LP. The appellate court identified reversible error in the trial court's judgment regarding several earlier orders, specifically: 1. The February 12, 2019, order sustaining pleas to the jurisdiction by HVC English, LLC, and HVC Lafayette, LLC. 2. The June 24, 2019, order granting HVC English, LLC’s and HVC Lafayette, LLC’s amended motion to dismiss under Chapter 27 of the Texas Civil Practice and Remedies Code. 3. The July 31, 2019, order on attorney’s fees and sanctions awarded to HVC English, LLC and HVC Lafayette, LLC. 4. The portion of the December 16, 2020, order denying the appellants’ motion for partial summary judgment and granting several motions for summary judgment by various defendants concerning breach-of-contract claims. The court reversed the judgment on the December 16, 2020, order relating to the appellants' claims for breach of fiduciary duty, fraud by nondisclosure, accounting, and breach of contract concerning the alleged undervaluation of property sales. These claims were remanded for further proceedings in the district court. Additionally, the court ordered that the appellants bear all costs of the appeal and in the lower court, except for those incurred by the appellees Lafayette English Apartments, LP, Lafayette English GP, LLC, and Scott Schaeffer, who were instructed to bear their own costs.