Stone v. Midland Multifamily Equity REIT
334 S.W.3d 371
| Tex. App. | 2011Background
- Midland sued Stone Rockwall Properties, LLC, Rockwall Commons, and Stone for breach of the Amended and Restated Limited Partnership Agreement and the Guaranty.
- Midland claimed Stone Rockwall and Rockwall Commons failed to pay the Preferred Return and related amounts under the Partnership Agreement.
- Stone Rockwall and Stone executed the Guaranty, promising to guarantee Stone Rockwall's obligations.
- The trial court granted Midland summary judgment on all claims, awarding substantial damages against Stone and related parties.
- Stone appeals—challenging the sufficiency of Midland's summary judgment evidence and seeking reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Beck's affidavit constitutes competent personal knowledge evidence, supporting summary judgment. | Stone contends Beck lacked personal knowledge. | Midland argues Beck's role supports knowledge; however, the court later finds insufficient basis. | Beck's affidavit lacked basis for personal knowledge; summary judgment improper on that basis. |
| Whether Wells' deemed admissions can independently support summary judgment against Stone. | Stone argues admissions prove Midland's claims. | Midland contends admissions were not properly considered after trial court ruling. | Deemed admissions were not part of admissible summary judgment evidence; cannot sustain the judgment. |
| Whether the trial court properly addressed Stone's hearsay objections to Midland's evidence. | Stone raised hearsay objections to Beck's affidavit. | Midland did not obtain rulings on hearsay objections; error preserved? | Stone failed to preserve hearsay error due to lack of trial court rulings on objections. |
| Whether Midland's proof, apart from Beck, conclusively established breach of the Guaranty. | Beck was insufficient; need alternative competent evidence. | Wells' affidavit and admissions would supply proof. | Because Beck was legally insufficient and the admissions were not part of admissible evidence, Midland failed to prove all elements; summary judgment reversed as to Stone. |
Key Cases Cited
- Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546 (Tex.1985) (standard for de novo review of traditional summary judgments)
- Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211 (Tex.2003) (burden on movant to show no genuine issues of material fact)
- Centeq Realty, Inc. v. Siegler, 899 S.W.2d 195 (Tex.1995) (summary judgment standard; favorable-inference rule)