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La Flecha Holdings, Inc. v. Find A Home, LLC

Court of Appeals of Texas, Fourteenth District

March 27, 2018

LA FLECHA HOLDINGS, INC., Appellant
v.
FIND A HOME, LLC, Appellee

          On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2013-50859

          Panel consists of Justices Jamison, Wise, and Jewell.

          MEMORANDUM OPINION

          Ken Wise Justice

         Find A 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.).

          I. Background

         The 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.

         On 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

         The trial court granted the summary judgment and declared that La Flecha did not redeem the property. La Flecha appeals.

         II. Analysis

         In this 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 turn.[1]

         A. Find A Home's Failure to Comply with Ten-Day ...


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