[Download] "Southwest Investments Diversified, Inc. v. Estate of Mieszkuc" by In the Court of Appeals for the First District of Texas # eBook PDF Kindle ePub Free

eBook details

Title: Southwest Investments Diversified, Inc. v. Estate of Mieszkuc
Author : In the Court of Appeals for the First District of Texas
Release Date : January 26, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 81 KB

Description

In these two consolidated appeals, we are asked to review the propriety of amendments made to restrictive covenants on land used as a private airport facility. We first address appellant Southwest Investments Diversified, Inc.s ("SIDI") challenge to the trial courts order declaring the amended covenants valid. SIDI contends the covenants were improperly amended, are illegal, and against public policy. SIDI also challenges the trial courts ruling sustaining appellees objections to SIDIs summary judgment evidence. In both appeals, SIDI contends the trial court erred in granting summary judgment on its damage claims. Numerous appellees filed cross-appeals ("cross-appellants"), claiming the trial court erred in finding one provision in the amended covenants invalid. Having concluded the orders appealed from in Appellate Cause No. 14-03-00728-CV are interlocutory, we dismiss that appeal for lack of jurisdiction. In Appellate Cause No. 14-03-00261-CV, however, we conclude SIDI waived its appellate argument and nonetheless, failed to plead an actionable claim against the Estate of Marilyn Mieszkuc; therefore, we affirm the trial courts judgment in that cause.