Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Abraham v. Acton

Court of Appeals of Texas, Eighth District, El Paso

January 17, 2018

WILLIAM D. ABRAHAM, Appellant,
v.
RON ACTON, DEBBIE ACTON, and AARK INVESTMENTS, L.P., Appellees.

         Appeal from the 243rd District Court of El Paso County, Texas (TC# 2016DCV2081)

          Before McClure, C.J., Rodriguez, and Palafox, JJ.

          OPINION

          YVONNE T. RODRIGUEZ, Justice

         William D. Abraham appeals the trial court's order denying his verified motion to reinstate a lawsuit that was dismissed for want of prosecution. Among Abraham's complaints on appeal is his contention that the trial court committed reversible error by failing to grant him an oral hearing that he requested before dismissing the suit.

         On this point, we agree with Abraham. We reverse and remand for further proceedings.

         BACKGROUND

         This appeal arises out of title litigation related to a house located on 925 Broadmoor in El Paso County. In brief, Appellant Abraham contends that he holds title to the Broadmoor house by virtue of a September 2001 warranty deed with vendor's lien transferred to him by Dr. Ghulam Murtaza. AARK Investments, L.P., asserts title to the Broadmoor house by virtue of a deed from Ron Acton, who purportedly foreclosed on the house which was listed as an asset in the Estate of Joseph "Sib" Abraham-the father of Appellant William Abraham.

         In anticipation of foreclosure proceedings on the Broadmoor house, William Abraham filed suit for a temporary restraining order in Cause No. 2015-DCV3948 (the First Suit). Abraham later dropped the First Suit on February 25, 2016, after purportedly reaching a contractual agreement to acquire the Broadmoor house from Ron Acton. Abraham alleges that Acton then sold the Broadmoor house to AARK Investments, L.P. on March 28, 2016.

         Following the purported sale of the Broadmoor house, Abraham again filed suit on June 1, 2016, in Cause No. 2016DCV2081, this time for breach of contract and trespass to try to title (the Second Suit). The case was initially assigned to the 448th District Court; however, the 448th District Court ultimately transferred the case to the 243rd District Court.

         On June 28, 2016, Abraham's attorney Joseph Vasquez file a motion to withdraw, citing a conflict of interest. The trial court did not immediately rule on the motion to withdraw. Later, Abraham filed a motion to transfer the Second Suit back to the 448th District Court. The 243rd District Court denied Abraham's motion to transfer on August 11, 2016.

         Without ruling on counsel's motion to withdraw, the trial court set the case for a dismissal for want of prosecution (DWOP) hearing on September 22, 2016. On September 22, 2016, the trial court dismissed the case for want of prosecution.

         On October 12, 2016, Abraham filed his Plaintiff's Motion to Reinstate After Dismissal Without Prejudice. On October 21, Abraham filed a written request for a hearing on his motion to reinstate. On December 21, 2016, Abraham filed a notice of appeal challenging the order dismissing his case for want of prosecution.

         DISCUSSION

         Abraham advances two issues on appeal. In Issue One, Abraham maintains that the 243rd District Court abused its discretion by refusing to transfer the Second Suit back to the 448th District Court. In Issue Two, Abraham argues that the trial court impermissibly dismissed the Second Suit for want of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.