Appeal from the 129th District Court Harris County, Texas
Trial Court Cause No. 2013-50859
consists of Justices Jamison, Wise, and Jewell.
Home, LLC sued La Flecha Holdings, Inc. for a declaratory
judgment that La Flecha failed to redeem a property, which
Find A Home had purchased at a tax sale. This appeal is La
Flecha's second appeal from the trial court's
granting of a summary judgment to Find A Home. See La
Flecha Holdings, Inc. v. Find A Home, LLC, No.
14-15-00096-CV, 2016 WL 3458161 (Tex. App.-Houston [14th
Dist.] June 23, 2016, no pet.) (mem. op.).
facts and law applicable to this appeal are recited in
greater detail in this court's prior opinion. We do not
repeat them in detail. In the prior appeal, this court
reversed the first summary judgment because there was a
genuine issue of material fact about whether La Flecha
redeemed the property by paying the assessor-collector the
statutory "required amount" under the Tax Code.
See id. at *3. Specifically, the issue was whether
Find A Home had paid certain property taxes because another
entity's name-SWE Homes, LP-was the payor according to
checks and receipts. See id.
remand to the trial court, Find A Home filed a second motion
for summary judgment, an amended petition, and a supplement
to the motion for summary judgment with a revised affidavit
from Milade Abugattas. Find A Home alleged in its amended
petition that it paid the property taxes "by and through
its agent SWE Homes, LP." Abugattas testified in her
supplemental affidavit as follows:
With regard to the management of this property, Find A Home,
LLC, acts by and through SWE Homes, LP. Find A Home, LLC,
intended and continues to intend that SWE Homes, LP, act as
its agent with regard to the subject property.
. . . .
Although the checks were drawn on an SWE Homes, LP, account,
the taxes were paid by SWE Homes, LP, at the instruction of
Find A Home, LLC, on behalf of Find A Home, LLC, and with the
funds of Find A Home, LLC. In this manner, SWE Homes, LP, was
authorized to pay the subject taxes within the scope of the
authority conferred upon it by Find A Home, LP, [sic] which
ratified such payment
trial court granted the summary judgment and declared that La
Flecha did not redeem the property. La Flecha appeals.
appeal, La Flecha contends that the trial court erred by
granting summary judgment because La Flecha redeemed the
property. We address La Flecha's arguments in
Find A Home's Failure to Comply with Ten-Day ...