Lester J. Strait Kenneth Taylor and Shannon Taylor, Individually as Assignees of Lester J. Strait v. Savannah Court Partnership PSJ Properties, LTD. v. Patrick Gray Custom Homes, Inc. Home Creek, L.L.C. JMJ Torian Properties L.L.C. Cheatham Partners Michael P. and Sarah Neustadt James D. and Vivian S. Collier Hatwater, L.L.C. Gazim Idoski

Procedural entryThis page is a short order in Lester J. Strait Kenneth Taylor and Shannon Taylor, Individually as Assignees of Lester J. Strait v. Savannah Court Partnership PSJ Properties, LTD. v. Patrick Gray Custom Homes, Inc. Home Creek, L.L.C. JMJ Torian Properties L.L.C. Cheatham Partners Michael P. and Sarah Neustadt James D. and Vivian S. Collier Hatwater, L.L.C. Gazim Idoski. Read the opinion of the Court — 576 S.W.3d 802 →

Court of Appeals of Texas·Decided May 16, 2019·No. 02-18-00036-CV·Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00036-CV

LESTER J. STRAIT; KENNETH TAYLOR § On Appeal from the 342nd District AND SHANNON TAYLOR, Court INDIVIDUALLY AS ASSIGNEES OF § LESTER J. STRAIT, Appellants of Tarrant County (342-281936-15)

§ V. May 16, 2019 § SAVANNAH COURT PARTNERSHIP; Opinion by Chief Justice Sudderth PSJ PROPERTIES, LTD.; V. PATRICK GRAY CUSTOM HOMES, INC.; HOME CREEK, L.L.C.; JMJ TORIAN PROPERTIES L.L.C.; CHEATHAM PARTNERS; MICHAEL P. AND SARAH NEUSTADT; JAMES D. AND VIVIAN S. COLLIER; HATWATER, L.L.C.; GAZIM IDOSKI; ATWOOD CUSTOM HOMES, INC.; LAURA HILL, IN HER OFFICIAL CAPACITY AS MAYOR OF THE CITY OF SOUTHLAKE; SHANA YELVERTON, IN HER OFFICIAL CAPACITY AS CITY MANAGER OF THE CITY OF SOUTHLAKE; SEAN RUCKEL; LENA RUCKEL; TINKU ABRAHAM; ASHA ABRAHAM; FIRST NATIONAL BANK; PROVIDENCE BANK; AND PLAINSCAPITAL BANK, Appellees

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s judgment. It is ordered that the judgment of the trial

court is reversed and the case is remanded to the trial court for further proceedings

consistent with this opinion.

It is further ordered that Appellees Savannah Partnership, PSJ Properties, Ltd.,

V. Patrick Custom Homes, Inc., Home Creek LLC, JMJ Torian Properties, L.L.C.,

Cheatham Partners, Michael and Sarah Neustadt, James D. and Vivian S. Collier,

Hatwater LLC, Gazim Idoski, Sean and Lena Ruckel, Tinku and Asha Abraham, First

National Bank, Providence Bank, and PlainsCapital Bank, Laura Hill, in her Official

Capacity as Mayor of the City of Southlake, and Shana Yelverton, in her Official

Capacity as City Manager of the City of Southlake shall pay all of the costs of this

proceeding, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Bonnie Sudderth________________ Chief Justice Bonnie Sudderth

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In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-18-00036-CV

LESTER J. STRAIT; KENNETH TAYLOR § On Appeal from the 342nd District AND SHANNON TAYLOR, Court INDIVIDUALLY AS ASSIGNEES OF § LESTER J. STRAIT, Appellants of Tarrant County (342-281936-15)

JUDGMENT

This court has considered the record on appeal in this case and holds that there

was error in the trial court’s judgment. It is ordered that the judgment of the trial

court is reversed and the case is remanded to the trial court for further proceedings

consistent with this opinion.

It is further ordered that Appellees Savannah Partnership, PSJ Properties, Ltd.,

V. Patrick Custom Homes, Inc., Home Creek LLC, JMJ Torian Properties, L.L.C.,

Cheatham Partners, Michael and Sarah Neustadt, James D. and Vivian S. Collier,

Hatwater LLC, Gazim Idoski, Sean and Lena Ruckel, Tinku and Asha Abraham, First

National Bank, Providence Bank, and PlainsCapital Bank, Laura Hill, in her Official

Capacity as Mayor of the City of Southlake, and Shana Yelverton, in her Official

Capacity as City Manager of the City of Southlake shall pay all of the costs of this

proceeding, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By __/s/ Bonnie Sudderth________________ Chief Justice Bonnie Sudderth

Pincite

Lester J. Strait Kenneth Taylor and Shannon Taylor, Individually as Assignees of Lester J. Strait v. Savannah Court Partnership PSJ Properties, LTD. v. Patrick Gray Custom Homes, Inc. Home Creek, L.L.C. JMJ Torian Properties L.L.C. Cheatham Partners Michael P. and Sarah Neustadt James D. and Vivian S. Collier Hatwater, L.L.C. Gazim Idoski (Lester J. Strait Kenneth Taylor and Shannon Taylor, Individually as Assignees of Lester J. Strait v. Savannah Court Partnership PSJ Properties, LTD. v. Patrick Gray Custom Homes, Inc. Home Creek, L.L.C. JMJ Torian Properties L.L.C. Cheatham Partners Michael P. and Sarah Neustadt James D. and Vivian S. Collier Hatwater, L.L.C. Gazim Idoski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.