Comeaux v. Suderman

93 S.W.3d 215, 2002 Tex. App. LEXIS 5126, 2002 WL 1608618
CourtCourt of Appeals of Texas
DecidedJuly 18, 2002
Docket14-01-00516-CV
StatusPublished
Cited by56 cases

This text of 93 S.W.3d 215 (Comeaux v. Suderman) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Comeaux v. Suderman, 93 S.W.3d 215, 2002 Tex. App. LEXIS 5126, 2002 WL 1608618 (Tex. Ct. App. 2002).

Opinion

OPINION

WANDA McKEE FOWLER, Justice.

Appellant Christopher Comeaux appeals from a summary judgment in favor of ap-pellees on his claims for specific performance or damages arising out of an alleged breach of a right of first refusal contained in a lease agreement. We affirm the judgment of the trial court.

BACKGROUND

In May of 1988, Comeaux leased from the Sudermans 1 slightly less than one acre of land on the Bolivar Peninsula in Galveston County. He used this property in connection with the operation of a public fishing pier.

The lease provided that, in the event Suderman received a proposal to sell the leased premises, the sale was subject to Comeaux’s right of first refusal to purchase the property. Comeaux’s purchase would be on the same terms and conditions as those offered by the prospective purchaser:

XIV.
LESSOR’S OPTION TO CANCEL IN THE EVENT OF SALE
In the event of a proposed sale of the entire leased premises to a third party, Lessor shall have the right to terminate this lease as of the effective date of the sale of the leased premises to a third party, SUBJECT HOWEVER, to Lessee’s right of first refusal as provided in Article XV below.
XV.
LESSEE’S OPTION TO PURCHASE PRIOR TO LESSOR’S EXERCISE OF RIGHT OF CANCELLATION
Lessor shall notify Lessee in writing of the true and complete terms and conditions of any proposed sale to a third party at least ninety (90) days prior to the date of closing of such proposed sale, and Lessee shall have the option, for a period of thirty (30) days from and after the receipt of said notice, to purchase the leased premises upon the same terms and conditions, by tendering the full amount of the proposed purchase price to Lessor.

On March 30, 1997, Adolph Suderman notified Comeaux in writing of a pending $350,000 cash offer for the leased premises and some adjoining property to the east and west of the leased premises. Suder-man’s notice did not specify that the total acreage to be sold was thirty-five acres. No other terms were provided, and no copy of an earnest money contract was provided. In the notice, Suderman reminded Comeaux of his right of first refusal under the lease agreement and the requirement that he exercise his right within *218 thirty days. Suderman also provided his telephone number and that of his real estate agent, George Liberato, in the event Comeaux wanted to discuss the purchase.

Comeaux received the notice and contacted Liberato. Comeaux apparently assumed that the sale involved twenty-two acres surrounding his property, but did not ask Liberato to provide him with the specific terms and conditions of the sale, and did not inquire into whether he could purchase only the leased premises. Co-meaux informed Liberato that he would not exercise his option because he could not afford $350,000. Comeaux had no further discussions regarding the proposed sale with either Liberato or Suderman.

Later, in June of 1997, Suderman sold the property to appellees Mark D. Meier and Mark J. Meier, doing business as Coastal Ventures. Comeaux then began paying rent to the Meiers. During the time Comeaux continued to occupy the leased premises, he never complained to either Suderman or the Meiers that he had been wrongfully denied the opportunity to purchase the leased premises. Comeaux ultimately abandoned the leased premises when a storm destroyed his fishing pier in the fall of 1998.

Comeaux subsequently filed suit against appellees, asserting that he was entitled to either specific performance or damages because appellees failed to comply with the terms of the right of first refusal in the lease agreement and tortiously interfered with Comeaux’s contractual right to exercise the right of first refusal. Appellees moved for summary judgment on the grounds that the proposed sale was not for the leased premises only, Comeaux failed to tender an offer to purchase the leased premises, and the Meiers did not tortiously interfere with the lease agreement; appel-lees also asserted affirmative defenses of laches and unclean hands. The trial court granted summary judgment in favor of appellees on Comeaux’s claims without specifying the grounds relied upon. Co-meaux appeals from that summary judgment.

DISCUSSION

1. Standard of Review

When reviewing a summary judgment, we apply the following well-established rules:

(1) the movant has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law;
(2) in deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the nonmovant will be taken as true; and
(3) every reasonable inference must be indulged in favor of the nonmovant and any doubts must be resolved in favor of the nonmovant.

American Tobacco Co., Inc. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997); Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548-49 (Tex.1985).

When the defendant moves for summary judgment, the motion is properly granted only if the plaintiff cannot, as a matter of law, succeed upon any theory pleaded. Delgado v. Burns, 656 S.W.2d 428, 429 (Tex.1983). A defendant’s motion for summary judgment should be granted if he disproves at least one essential element of each of the plaintiffs causes of action, or if he establishes all the elements of an affirmative defense as a matter of law. Grinnell, 951 S.W.2d at 425. Once the movant establishes its right to summary judgment as a matter of law, the burden shifts to the nonmovant to offer any issue or evidence that would preclude summary judgment. *219 City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979).

If a summary judgment is granted generally, without specifying the reason, it will be upheld if any ground in the motion for summary judgment can be sustained. Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989); Ross v. Arkwright Mut. Ins. Co., 892 S.W.2d 119, 127 (Tex.App.-Houston [14th Dist.] 1995, no writ).

2. Analysis of Issues on Appeal

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Cite This Page — Counsel Stack

Bluebook (online)
93 S.W.3d 215, 2002 Tex. App. LEXIS 5126, 2002 WL 1608618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comeaux-v-suderman-texapp-2002.