417 N Comanche Street, LLC v. of the Estate of Stephen M. Haug, Pointe San Marcos Partners, L.P. And Skyline Southwest Builders, Inc.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JANUARY 19, 2024

NO. 03-22-00167-CV

417 N Comanche Street, LLC, Appellant

v.

Executor of the Estate of Stephen M. Haug, Deceased; Pointe San Marcos Partners, L.P.; and Skyline Southwest Builders, Inc., Appellees

APPEAL FROM PROBATE COURT NO. 1 OF TRAVIS COUNTY BEFORE JUSTICES TRIANA, SMITH AND JONES REVERSED AND RENDERED IN PART, REVERSED AND REMANDED IN PART -- OPINION BY JUSTICE JONES

This is an appeal from the order signed by the trial court on March 4, 2022.

Having reviewed the record and the parties’ arguments, the Court holds that there was

reversible error in the trial court’s order. Therefore, we reverse the trial court’s summary

judgment in Appellees’ favor and grant partial summary judgment for Appellant. We render

judgment that 417 N Comanche Street, LLC is, as a matter of law, entitled to recover from

Appellees default interest as well as attorney’s fees and collection costs as permitted by the

terms of the loan documents and relevant statutes. We remand this cause to the trial court to

calculate these amounts and to determine any remaining issues in the case. Appellees shall

pay all costs of appeal, both in this Court and in the court below.