City Choice Group v. TMC Grand Blvd Land Co.
Case Details
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- Mixed rulings on multiple motions: partial summary judgment granted for defendant on termination; motion for pre-judgment attachment denied; motion to dismiss granted in part (contract and veil piercing claims dismissed) but fraud claim survives
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
Court granted TMC's partial summary judgment on City Choice's termination claim, finding City Choice estopped from obtaining specific performance despite substantial compliance with notice provisions. Court denied TMC's motion for pre-judgment release of independent consideration and denied defendants' motion to dismiss the fraud claim.
Excerpt
Granting Defendant/Counter-Plaintiff/Third-Party Plaintiff TMC's Traditional Motion for Partial Summary Judgment on Termination against Plaintiff/Counter-Defendant City Choice. Although City Choice's termination notice was clear and unequivocal; its tender of its termination notice was not the exercise or acceptance of an option, and is therefore, not subject to the "strict compliance" standard applicable to the exercise or acceptance of options; and it substantially complied with notice provisions in exercising its right to terminate, it estopped from obtaining specific performance of the contract it purported to terminate. Denying TMC's Motion for Summary Judgment Against Third Party Defendant City Select Title for Release of the Independent Consideration. TMC does not seek a simple declaration from this Court that TMC is entitled to receipt of the Independent Consideration at the execution of the final judgment in this case. Instead, TMC seeks the immediate (i.e., pre-judgment) release of the Independent Consideration. But it must instead comply with the statutory requirements for a writ of attachment. Granting in part and denying in part Defendants' motion to dismiss under Rule 91a because the pleadings fail to state a legally cognizable claim for breach of contract or for veil piercing, and the fraud claim is adequately pleaded. This opinion addresses Defendant's plea to the jurisdiction which challenged the Court's jurisdiction over Plaintiff's third-party claims filed against multiple subcontractors who performed work on a construction project. The Court denied Defendant's plea to the jurisdiction, concluding the third-party claims met the definition of an "action arising out of a qualified transaction" under Section 25A.004(d)(1). Further, the Court found the third-party claims were neither "conjectural, hypothetical or remote" and therefore ripe. Granting in part and denying in part Defendant's motion for partial summary judgment contending that Plaintiff's
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