Freezia v. IS Storage Venture, LLC, 474 S.W.3d 379

Designer Homes, Inc. (DH) acquired 215 Wynne St. in 1971; DH’s corporate charter expired in 1983 and the sole shareholder (Freezia’s father) continued operating the business and died in 2004 leaving his property to his four daughters.
Freezia formed Original Designer Homes, Inc. (ODH) in 2005; ODH (and Freezia individually as guarantor) executed a $360,000 loan from JLE secured by a deed of trust on the Wynne Property; Emerson was named trustee.
ODH defaulted; JLE foreclosed in 2011, purchased the property, then sold it to IS Storage; Post Oak Bank financed IS Storage’s purchase.
After foreclosure, Freezia learned she and her sisters may have inherited the Wynne Property from their father; her sisters quitclaimed their shares to her (2012), and she sued JLE, Emerson, IS Storage, and Post Oak Bank claiming trespass to try title, wrongful foreclosure, money had and received, conversion, and negligence per se.
The trial court granted summary judgment for JLE and Emerson (traditional motion) and for IS Storage and Post Oak Bank (no-evidence motion); Emerson’s separate summary judgment (not appealed) was also granted.
On appeal, the court affirmed the summary judgment for JLE/Emerson based on quasi-estoppel but reversed and remanded the no-evidence summary judgment for IS Storage and Post Oak Bank, finding Freezia presented more than a scintilla of evidence of superior title.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Freezia can assert superior title despite having ODH and guarantor contracts representing ODH owned the property	Freezia: title passed to her father when DH’s charter lapsed and then to her by will; ODH never received DH’s conveyance	JLE: Freezia is bound by loan documents and modifications that reaffirm ODH’s ownership; quasi‑estoppel bars inconsistent position	Held: Court affirmed JLE/Emerson SJ — quasi‑estoppel conclusively established; Freezia estopped from claiming superior title against JLE/Emerson
Whether IS Storage and Post Oak were entitled to no‑evidence SJ on trespass to try title, money had and received, and conversion	Freezia: presented evidence (DH charter lapse, sole shareholder father, will devising property, no conveyance to ODH) raising fact issue of superior title	IS Storage/Post Oak: no evidence Freezia holds superior title; they relied also on trial court’s JLE SJ	Held: Court reversed and remanded as to IS Storage and Post Oak — Freezia produced more than a scintilla on title and related claims

Valence Operating Co. v. Dorsett, 164 S.W.3d 656 (Tex. 2005) (standard of review for summary judgment)
Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex. 2009) (no‑evidence summary judgment under Rule 166a(i))
Elliott‑Williams Co. v. Diaz, 9 S.W.3d 801 (Tex. 1999) (burden and standards for traditional defendant summary judgment)
Lopez v. Muñoz, Hockema & Reed, L.L.P., 22 S.W.3d 857 (Tex. 2000) (quasi‑estoppel doctrine)
Courseview, Inc. v. Phillips Petroleum Co., 312 S.W.2d 197 (Tex. 1957) (effect of corporate charter lapse on corporate assets)
Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (purpose of trespass to try title actions)