On March 28, 2019, the Texas Third Court of Appeals upheld the summary judgment entered against Plaintiff Pedro Morales by the 345th Judicial District Court. Additionally, the Appeals Court confirmed that Almanza, Blackburn, Dickie & Mitchell’s clients are entitled to the payment of their attorneys’ fees and costs of court by Plaintiff under the “prevailing party” provision of the Unimproved Property Contract.
Plaintiff Pedro Morales filed this complex real estate lawsuit in connection with his purchase of unimproved property in Austin, Texas. Mr. Morales asserted a number of claims against his real estate agent and broker from this transaction, including claims for breach of fiduciary duty, breach of contract, violations of the Deceptive Trade Practices Act, fraud, and negligent misrepresentation. After conducting the necessary discovery, Almanza, Blackburn, Dickie & Mitchell filed a Motion for Summary Judgment, and the District Court ruled in favor of the real estate agent and broker with regards to all of Plaintiff’s claims against them. Moreover, the District Court ruled in favor of the agent and broker with regards to their counterclaim for payment of their attorneys’ fees and costs of court and entered a judgment entitling the agent and broker to the recovery of the same from Plaintiff.
Matthew J. Neill and A. Boone Almanza are thrilled about another great result in favor of their clients. Mr. Neill stated “saving our clients from the time and expense associated with a jury trial by prevailing on summary judgment is a great result on its own, but receiving a judgment for the payment of our clients’ attorneys’ fees and costs of court by the party that filed suit against them is a signal to potential plaintiffs that they should think twice before filing suit against a client of Almanza, Blackburn, Dickie & Mitchell.”
Almanza, Blackburn, Dickie & Mitchell is a full-service boutique law firm that specializes in real estate litigation, among other areas. Please give us a call at (512) 474-9486 if we can provide you with legal assistance.