Nexus Series B, LLC v. Durham Trading Partners XII, LLC

Summary

The Texas Thirteenth Court of Appeals affirmed summary judgment for Durham Trading Partners XII, LLC in a dispute over whether a deed-of-trust provision required assignment of Durham’s professional malpractice claim against a land surveyor. The court held that the malpractice claim sounded in tort rather than contract and therefore was not subject to the contractual assignment provision. The court also held that the trial court’s judgment was final and that Nexus’s pleadings limited its claim to assignment of the malpractice claim.

Holdings

1. A judgment containing a clear and unequivocal statement that it is final, disposes of all parties and claims, and is appealable is final and appealable, even if the judgment may grant more relief than a party was entitled to receive.
2. Durham's professional-malpractice claim against Waterloo sounded in tort, not contract, and therefore was not a contractual right subject to assignment under the deed-of-trust provision covering contractual rights and obligations related to the property.
3. Nexus was not entitled to summary judgment on a claim for assignment of contractual rights under the professional-services agreement because its pleadings limited its suit to assignment of Durham's malpractice claim and Nexus never amended its pleadings to enlarge the claim.

Questions Presented

1. Whether the trial court's judgment was final and appealable despite Nexus's assertion that the judgment did not dispose of all of its claims.
2. Whether Durham's professional-malpractice claim against Waterloo was a contractual right subject to assignment under the deed of trust.
3. Whether Nexus was entitled to summary judgment on an asserted right to assignment of contractual rights under Durham's professional-services agreement with Waterloo, when Nexus's pleadings sought assignment of the malpractice claim.

Disposition

affirmed