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.

Inc. v. Rockfort Builders, Inc.

Court of Appeals of Texas, Fourteenth District

May 8, 2018

2000 IIG, INC., Appellant
v.
ROCKFORT BUILDERS, INC., AND ASIF WAHEED, Appellees

          On Appeal from the 152nd District Court Harris County, Texas Trial Court Cause No. 2005-63424

          Panel consists of Justices Christopher, Donovan, and Jewell.

          MEMORANDUM OPINION

          John Donovan Justice

         Appellant 2000 IIG, Inc., appeals from the trial court's order to release to appellee Asif Waheed the injunction bond funds being held in the court registry, claiming the trial court failed to consider damages suffered by appellant due to the injunction. Appellees Rockfort Builders, Inc., and Asif Waheed seek dismissal of the appeal and sanctions, asserting this court lacks jurisdiction because there is no final, appealable order. For the reasons set forth below, we dismiss the appeal for want of jurisdiction.

          I. Background

         In October 2005, appellees filed this case seeking a temporary injunction to prevent appellant from foreclosing on a deed of trust and promissory note it was holding on property located at 6407 Rodrigo, Houston, Harris County, Texas.[1]Appellees owned an interest in the property.[2] In their underlying petition to the injunction, appellees raised claims against appellant and other defendants for breach of fiduciary duty, fraud, and related claims. Appellees deposited $13, 500.00 in the court registry to satisfy the bond requirement.[3] Appellant did not file a counterclaim (e.g., claim for wrongful injunction or malicious prosecution), but, instead, only filed a general denial. On December 28, 2005, the trial court granted appellees' temporary injunction, enjoining a number of defendants, but specifically appellant, from selling the property.

         Before a trial on the merits was conducted, appellee Rockfort Builders filed for Chapter 11 Bankruptcy. The bankruptcy court ordered Rockfort Builders to pay appellant $6, 000.00 monthly on the note, which allowed the stay to continue and prevented foreclosure on the property by appellant. Rockfort Builders made three payments; however, the third payment was late. Thus, the bankruptcy stay was lifted and appellant foreclosed on the property on July 4, 2006.

         On November 26, 2007, appellees non-suited their claims against appellant and other defendants, and the other defendants with counterclaims concurrently non- suited their counterclaims against appellees. On January 21, 2009, appellees nonsuited their claims against appellant a second time. In December 2009, the trial court entered orders of dismissal, disposing for want of prosecution any and all remaining claims and counterclaims.[4]

         In 2015, appellant filed a motion to withdraw the funds deposited by appellees from the registry of the court. Thereafter, Rockfort Builders filed its amended motion for release of temporary restraining order and injunction bond funds from the registry of the court. After considering the competing motions, on November 4, 2016, the trial court granted appellees' motion and released the injunction bond funds, with accrued interest, to appellee Waheed.

On this day came to be heard Plaintiffs' First Amended Motion for the Release of Temporary Restraining Order and Injunction Bond Funds from the Registry of the Court filed by Rockfort Builders, Inc. and Asif Waheed. After due consideration of the Motion, any response, and argument of counsel, the Court determines that the Plaintiffs' First Amended Motion of for the Release of Funds from the Registry of the Court should be GRANTED.
IT IS, THEREFORE, ORDERED that the Harris County District Clerk shall immediately release and pay the current balance of $17, 084.05 from the Registry of the Court, plus any additional accrued interest, in the Clerk's customary manner, whether in cash, money order, check, or other negotiable instrument in the following manner:
(a) Payable to: "Kaiser, P.C. IOLTA Account, 2211 Norfolk, Suite 528, Houston, Texas 77098, for the benefit of Asif Waheed[]", the sum of $17, 084.05, plus all interest accrued upon such principal sum through the date of payment by the Clerk.

          Appellant filed a motion to reconsider, conceding that appellant did not file an affirmative claim before the nonsuit filed by appellees in January 2009. Appellant argued, however, that it did file a claim for damages in 2015 "via its motion to release/withdraw funds and in addition [appellant] responded to [appellees]." Appellant argued that the four months of delay of foreclosure cost appellant $35, 591.45. The trial court denied appellant's motion to reconsider December 5, 2016. This appeal timely followed.

         II.Analy ...


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.