J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

Texas Supreme Court

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

DecidedNovember 17, 2015

Docket14-14-00175-CV

StatusPublished

This text of J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation (J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation, (Tex. 2015).

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Opinion

November 17, 2015

JUDGMENT

The Fourteenth Court of Appeals J.M. ARPAD LAMELL, Appellant

NO. 14-14-00175-CV V.

ONEWEST BANK, FSB, A FOREIGN CORPORATION, Appellee ________________________________

This cause, an appeal from the judgment signed, January 31, 2014, was heard on the transcript of the record. We have inspected the record and find the trial court erred in granting summary judgment with respect to the following claims brought by appellant J.M. Arpad Lamell: declaratory judgment, unlawful tax collection, unlawful levy and illegal lien, wrongful acceleration/foreclosure, violation of Real Estate Settlement Procedures Act, violation of the Texas Fair Debt Collection Practices Act, unjust enrichment, slander of title, mortgage or title fraud, false pretense, civil conspiracy, mail fraud, breach of contract, or any purported claim asserted in Lamell’s supplemental petition, supplement to the supplemental petition, or second supplement to the supplemental petition. We therefore order that the portions of the judgment addressing those claims are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED. For good cause, we order that each party shall pay fifty percent of all costs incurred by reason of this appeal. We further order this decision certified below for observance.

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November 17, 2015

JUDGMENT

The Fourteenth Court of Appeals J.M. ARPAD LAMELL, Appellant

NO. 14-14-00175-CV V.

ONEWEST BANK, FSB, A FOREIGN CORPORATION, Appellee ________________________________

This cause, an appeal from the judgment signed, January 31, 2014, was heard on the transcript of the record. We have inspected the record and find the trial court erred in granting summary judgment with respect to the following claims brought by appellant J.M. Arpad Lamell: declaratory judgment, unlawful tax collection, unlawful levy and illegal lien, wrongful acceleration/foreclosure, violation of Real Estate Settlement Procedures Act, violation of the Texas Fair Debt Collection Practices Act, unjust enrichment, slander of title, mortgage or title fraud, false pretense, civil conspiracy, mail fraud, breach of contract, or any purported claim asserted in Lamell’s supplemental petition, supplement to the supplemental petition, or second supplement to the supplemental petition. We therefore order that the portions of the judgment addressing those claims are REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED. For good cause, we order that each party shall pay fifty percent of all costs incurred by reason of this appeal. We further order this decision certified below for observance.

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Bluebook (online)

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jm-arpad-lamell-v-onewest-bank-fsb-a-foreign-corporation-tex-2015.