Basaldua v. Farinacci, No. 04-14-00774-CV, 2015 Tex. App. LEXIS 9341, at *1 (App.—San Antonio 2015) (Volunteer Immunity)
In a case alleging breach of contract and other causes of action arising from a suit against a property owner by a homeowners' association, there was no error in granting summary judgment as to all of Plaintiff’s claims because the summary judgment motion addressed them by stating that the association members were immune from liability as to all of the claims; Because the project manager sought to hold the members liable for filing a lawsuit against a homeowner and for documents filed in this lawsuit, this action was not found to be against the members individually; The Plaintiff did not assert any issue challenging the members' entitlement to immunity in their capacity as members of the association's board.
Kelly v. Demoss Owners Ass’n, 71 S.W.3d 419 (Tex. App.—Amarillo 2002, no pet.). (Notice)
A party may not contend that notice is untimely when the party does not challenge the proper service in her response, fails to accept certified mail, does not offer any evidence that service was not received, and invites error by failing to promptly file a designation of new address with court.
Tom Peden and Paula Peden v Stephen Pohl, No. 01-08-00373-CV, 2009 WL 2882933 (Tex. App.—Houston [1st Dist.] Sept. 10, 2009) (mem. op.). (Judicial Estoppel; Out of State Proceedings)
In a landowner’s negligence suit against surveyor for erroneously identifying an easement as a utility easement, rather than a right-of-way easement, judicial estoppel and quasi-estoppel do not apply, even though the landowners had prevailed on a prior claim against the city that the easement did not burden the property. The owners' positions in two proceedings were not “clearly inconsistent.” When a local suit is enjoined in an out of state proceeding that must be given full faith and credit, the suit may be dismissed without prejudice in order to preserve the plaintiff’s rights in the other state.
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