John Weger v. Justin Bradley, Bradley J. Holdings, LLC, Rees Atkins, and Ylanan Law Firm, PLLC D/B/A/ the Title Company

Summary

The Sixth Court of Appeals of Texas at Texarkana reversed a summary judgment favoring the defendants in John Weger’s claims arising from the sale of property by a court-appointed receiver after a divorce proceeding. The court held that the summary-judgment evidence raised a genuine issue of material fact as to whether Bradley J. Holdings actually purchased the disputed 0.49-acre property for consideration, and it remanded for further proceedings.

Holdings

1. Summary judgment was improper because Weger's evidence raised a genuine issue of material fact as to whether Bradley J. Holdings purchased the property.
2. Evidence that the receiver may have had authority to sell the property did not establish as a matter of law that the property was actually sold for consideration.

Questions Presented

1. Whether the appellees established as a matter of law that Bradley J. Holdings purchased Weger's 0.49-acre Banks Drive property and therefore were entitled to summary judgment.
2. Whether the summary-judgment evidence raised a genuine issue of material fact regarding whether the property was included in the sale consideration and sale documents.

Disposition

reversed_and_remanded