(Download) "Grace v. Duke" by Texas Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Grace v. Duke
- Author : Texas Court of Appeals
- Release Date : January 07, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This is a long and convoluted tale of the attempt by appellees, Texas businessmen Charles Duke, Jr. and Charles Salsman (the Texas Group), to collect financing promised by appellants, Tennessee investors Wesley G. Grace; Brownlee O. Currey, Jr.; Irby C. Simpkins, Jr.; and Texcor Industries, Inc. (the Tennessee Group). Earlier litigation was dismissed after court-ordered mediation resulted in a written settlement agreement that deferred payment of the debt for three years. The settlement was secured by an agreed judgment, held in escrow, to be entered if necessary to enforce payment. When the Tennessee Group failed to pay the agreed sums after three years, the Texas Group filed a petition in Comal County and the trial court signed the agreed judgment. The Texas Group neglected to have process served on appellants, who relied on this defect to resist registration of the agreed Texas judgment in Tennessee. The Texas Group then dismissed the Tennessee registration and filed a second lawsuit in Comal County, alleging that the Tennessee Group breached the settlement agreement. After numerous motions were filed in this second suit, the district court entered summary judgment in favor of the Texas Group. The Tennessee Group appeals, complaining that the district court erred in denying their motion for continuance and in ordering them to pay attorneys fees. We find no merit to the complaints and affirm the district courts judgment.