Greg Gibson and Christine Gibson v. Jose Fernando Cuellar
440 S.W.3d 150
Tex. App.2013Background
- Gibsons and Cuellar entered a contract for deed and later an agreed judgment; Gibsons failed to deliver clear title as agreed.
- Cuellar sued for specific performance and damages, including attorney’s fees, prompting court-ordered appointment of a receiver to close the real estate transaction.
- Receiver was appointed Feb 21, 2011, to close the sale; the receiver sold the property and the court issued a decree confirming the sale on Apr 18, 2011.
- Bench trial on attorney’s fees held Mar 29, 2012; final judgment awarded Cuellar $40,182.50 plus potential appellate fees.
- Gibsons appealed arguing (i) improper receiver appointment and (ii) insufficient evidence to support the attorney’s fees award; the appellate court dismissed the receiver issue for lack of timely appeal and upheld the fee award.
- Court affirmed final judgment on attorney’s fees and concluded it lacked jurisdiction to review the receiver appointment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the receiver appointment and related orders are appealable | Gibsons challenge appointment of the receiver | Cuellar supports appointment and related orders | We lack jurisdiction over the receiver issues; untimely appeal |
| Whether the attorney’s fees award is supported by law and evidence | Gibsons argue lack of proper pleading/presentment under 38.001 and 38.002 | Cuellar’s pleadings and proof satisfy statutory requirements | Court did not abuse discretion; attorney’s fees award affirmed |
Key Cases Cited
- Hernandez v. Ebrom, 289 S.W.3d 316 (Tex. 2009) (interlocutory review after final judgment permissible in some circumstances)
- Huston v. F.D.I.C., 800 S.W.2d 845 (Tex. 1990) (receivership orders and finality distinctions)
- Sclafani v. Sclafani, 870 S.W.2d 608 (Tex. App.—Houston [1st Dist.] 1993) (timeliness of appeals from receiver-related orders)
- London v. London, 349 S.W.3d 672 (Tex. App.—Houston [14th Dist.] 2011) (finality and appealability in related orders)
- Carrington v. Hart, 703 S.W.2d 814 (Tex. App.—Austin 1986) (presentment and notice for attorney’s fees)
- Ray v. Farmers’ St. Bank of Hart, 576 S.W.2d 607 (Tex. 1979) (presentment concept and evidence standards)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (summary judgment standard and standard of review)