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Stephan Gonzalez v. Stephanie Gonzalez
05-14-01361-CV
| Tex. App. | Dec 29, 2015
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Background

  • 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)
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Case Details

Case Name: Stephan Gonzalez v. Stephanie Gonzalez
Court Name: Court of Appeals of Texas
Date Published: Dec 29, 2015
Docket Number: 05-14-01361-CV
Court Abbreviation: Tex. App.