Court of Appeals of Texas, Third District, Austin
THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO.
C-1-CV-14-011792, HONORABLE TODD T. WONG, JUDGE PRESIDING
Justices Puryear, Pemberton, and Goodwin
their relationship ended, appellant Scott Ogle sued appellee
Maeli Hector, a/k/a Maeli Arellano, a/k/a Maeli Johnson,
asserting claims for breach of contract and promissory
estoppel based on his allegations that he and Hector had
"executed a valid and enforceable written contract, via
texts, that was performable during one year, " under
which Hector agreed to take a lie detector test in exchange
for Ogle dismissing a defamation suit he had filed against
her and paying her $2, 500 for her attorney's fees, and
that Hector had breached her agreement by refusing to take
the lie detector test. "This agreement, " Ogle
asserted, "was a written agreement between the parties
through a series of text messages." The trial court
granted summary judgment for Hector and awarded her $10, 150
in attorney's fees. Ogle argues that the trial court
erred in awarding attorney's fees and in granting summary
judgment on his claim for promissory estoppel. We affirm the
trial court's orders granting summary judgment and
awarding Hector attorney's fees.
and Hector had a relationship some number of years ago. After
their relationship ended, Ogle filed suit against Hector,
"the subject of which involved the truthfulness of
allegations of criminal activity involving" Hector's
former church. On the morning of November 21, 2014,
 Ogle texted Hector to say, "I'm
nonsuiting your case when I get back in town today. . . .
I'll send you a check." About three hours later,
Ogle sent the following messages:
Would you mind calling and retracting your comments about me
to Hauck, and any others you mentioned my "court
Before you collect the $ I "owe" you? and take a
lie detector test . . . for my peace of mind.
Or, let everyone assume it was "all in my head"?
Leaving me "under the bus"'?
If not, go find a lawyer.
It takes a lifetime to build a reputation, and one
"court ordered crazy" comment to lose it all.
hours later, after Hector apparently did not reply, Ogle sent
another message saying, "I would appreciate you taking a
lie detector just so I can show the fbi, but I won't hold
back on my promise to fold and pay you. Tell me where to
meet, and I'll bring your check." Ogle wrote Hector
a check for $2, 500 on November 21, and she deposited it that
In early December 2014, Ogle and Hector exchanged emails,
saying in relevant part:
Ogle You forgot everything else, and you never accepted . . .
anything, other than the original text agreement which
included you taking a simple lie detector test that I pay for
and you keep the money!
Hector: I'll have your money next week. All $2,
Ogle: I want you to take the test for my credibility.
That's what you agreed to in our settlement. Otherwise,