Mohammad A. Behzadpour and AB Land Company v. Gloria Bonton and Lawrence Bonton

Summary

The Fourteenth Court of Appeals of Texas reversed and remanded a summary judgment enforcing an alleged settlement agreement involving the sale and reconveyance of real property. The court held that the summary-judgment evidence raised a material fact issue regarding whether Kamran Mashayekh had actual or apparent authority to bind Mohammad A. Behzadpour to the agreement. Because that issue required reversal, the court did not reach the appellants’ remaining arguments concerning Rule 11, the statute of frauds, and attorney’s fees.

Holdings

1. The argument was not waived because, although not stated precisely in the issues presented, it was developed in the body of Behzadpour's brief under headings challenging the existence and enforceability of the alleged settlement agreement.
2. Summary judgment enforcing the alleged settlement agreement was improper because the Bontons failed to establish conclusively that Mashayekh had actual or apparent authority to enter into a binding agreement on Behzadpour's behalf.

Questions Presented

1. Whether Behzadpour waived his argument that Mashayekh lacked authority to enter into the alleged settlement agreement because the argument was not expressly stated in the issues presented.
2. Whether a genuine issue of material fact remained regarding Mashayekh's actual or apparent authority to bind Behzadpour to a settlement agreement.
3. Whether the trial court properly granted summary judgment enforcing the alleged settlement agreement and awarding attorney's fees.

Disposition

reversed_and_remanded