HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank

Court of Appeals of Texas

HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank

DecidedNovember 12, 2021

Docket06-20-00068-CV

StatusPublished

This text of HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank (HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank) 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

HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank, (Tex. Ct. App. 2021).

Pincite

Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

HHH Farms, L.L.C., Hartwell Farms, LLC, Appeal from the 336th District Court of and Waymon Scott Hartwell, Appellant Fannin County, Texas (Tr. Ct. No. CV-15- 42242). Opinion delivered by Justice No. 06-20-00068-CV v. Burgess, Chief Justice Morriss and Justice Stevens participating. Fannin Bank, Appellee

As stated in the Court’s opinion of this date, we find there was partial reversible error in the judgment of the court below. Therefore, we affirm the trial court’s summary judgment on Fannin’s breach of contract claims against H. Farms and Hartwell. We reverse the trial court’s judgment on Fannin’s alter ego and sham claims and remand those claims to the trial court for resolution by the fact-finder. Because the trial court’s imposition of joint and several liability necessarily flows from Fannin’s alter ego and sham claims, that portion of the judgment imposing joint and several liability against the Hartwell Parties is likewise reversed. We reverse the attorney fee award in favor of Fannin and remand the attorney fee claim to the trial court for resolution by the fact-finder. We affirm the trial court’s summary judgment in favor of Fannin on the Hartwell Parties’ counterclaims. We reverse the summary judgment in favor of American against Fannin. We remand to the trial court for further proceedings consistent with this opinion. We further order that the costs of this appeal be taxed fifty percent to Hartwell, twenty- five percent to Fannin, and twenty-five percent to American.

RENDERED NOVEMBER 12, 2021 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

HHH Farms, L.L.C., Hartwell Farms, LLC, Appeal from the 336th District Court of and Waymon Scott Hartwell, Appellant Fannin County, Texas (Tr. Ct. No. CV-15- 42242). Opinion delivered by Justice No. 06-20-00068-CV v. Burgess, Chief Justice Morriss and Justice Stevens participating. Fannin Bank, Appellee

As stated in the Court’s opinion of this date, we find there was partial reversible error in the judgment of the court below. Therefore, we affirm the trial court’s summary judgment on Fannin’s breach of contract claims against H. Farms and Hartwell. We reverse the trial court’s judgment on Fannin’s alter ego and sham claims and remand those claims to the trial court for resolution by the fact-finder. Because the trial court’s imposition of joint and several liability necessarily flows from Fannin’s alter ego and sham claims, that portion of the judgment imposing joint and several liability against the Hartwell Parties is likewise reversed. We reverse the attorney fee award in favor of Fannin and remand the attorney fee claim to the trial court for resolution by the fact-finder. We affirm the trial court’s summary judgment in favor of Fannin on the Hartwell Parties’ counterclaims. We reverse the summary judgment in favor of American against Fannin. We remand to the trial court for further proceedings consistent with this opinion. We further order that the costs of this appeal be taxed fifty percent to Hartwell, twenty- five percent to Fannin, and twenty-five percent to American.

RENDERED NOVEMBER 12, 2021 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

Cite This Page — Counsel Stack

Bluebook (online)

HHH Farms, L.L.C., Hartwell Farms, LLC, and Waymon Scott Hartwell v. Fannin Bank, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hhh-farms-llc-hartwell-farms-llc-and-waymon-scott-hartwell-v-fannin-texapp-2021.