Stephan Gonzalez v. Stephanie Gonzalez
05-14-01361-CV
| Tex. App. | Dec 29, 2015Background
- Stephanie Gonzalez owns three Dallas properties; fraudulent deeds allegedly transferring title first to her brother, then to her uncle; she sues family members and a notary after discovering the fraud; trial was nonjury with witnesses for both sides; trial court ruled for Stephanie and declared the two deeds void; damages awarded on a CP&RC 12.002 claim against Stephan Gonzalez and punitive damages, plus joint/several damages on civil conspiracy against Stephan, Jessie Gonzalez, and Lena Martinez d/b/a Martinez Office Solutions and Notary Services; appellants challenge nonsuit handling and sufficiency of conspiracy evidence; Court of Appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of nonsuit complaint | Gonzalez argues the trial court erred by reinstating after nonsuit. | Gonzalez contends lack of objection preserved error; reinstatement improper. | Issue not preserved; or, even if preserved, held against appellants. |
| Sufficiency of evidence for conspiracy against Jessie and Lena | Gonzalez asserts Jessie and Lena knew of the fraudulent deeding. | Appellants argue no meeting of the minds proved; insufficient proof. | Evidence insufficient; issues present nothing for review. |
Key Cases Cited
- Griffin v. Miles, 553 S.W.2d 933 (Tex. App.—Houston [14th Dist.] 1977) (nonsuit rights; ministerial nature of nonsuit; right exists when motion filed)
- In re Greater Houston Orthopaedic Specialists, Inc., 295 S.W.3d 323 (Tex. 2009) (nonsuit timing and authority to reinstate; orig. proceeding)
- In re A.B.P., 291 S.W.3d 91 (Tex. App.—Dallas 2009) (preservation of appellate issues; timely objection required)
- Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893 (Tex. App.—Dallas 2010) (briefing requirements; procedure for review)
- Schlumberger Well Sur. Corp. v. Nortex Oil and Gas Corp., 435 S.W.2d 854 (Tex. 1968) (meeting of minds; knowledge of fraud required)
- Great National Life Ins. Co. v. Capa, 377 S.W.2d 632 (Tex. 1964) (evidence standards for conspiracy)
