Gerald McMillan v. Little City Investments, LLC
This text of Gerald McMillan v. Little City Investments, LLC (Gerald McMillan v. Little City Investments, LLC) 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.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED SEPTEMBER 30, 2020
NO. 03-19-00430-CV
Gerald McMillan, Appellant
v.
Little City Investments, LLC, Appellee
APPEAL FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE ROSE, JUSTICES BAKER AND TRIANA AFFIRMED IN PART; REVERSED AND RENDERED IN PART -- OPINION BY JUSTICE TRIANA
This is an appeal from the judgment signed by the district court on March 28, 2019. Having
reviewed the record and the parties’ arguments, the Court holds that there was reversible error in
the court’s judgment. Therefore, the Court reverses the district court’s judgment finding that the
fifth notice of lis pendens constituted a fraudulent lien and awarding Little City damages under
section 12.002 of the Civil Practice and Remedies Code and renders judgment that Little City
take nothing on its claim for a fraudulent lien. The district court’s judgment is otherwise
affirmed. Each party shall bear their own costs relating to this appeal, both in this Court and in
the court below.
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