Dallas Court of Appeals Again Stops Forced Sale of Valuable Partnership Property

April 6, 2017 in Case Summaries

For a second time, Levinger PC persuaded the Dallas Court of Appeals to reject a trial court order requiring the forced sale of valuable real property over the objection of client Steven Spiritas, a 50% partner in the entity that owns the property.  The trial court had granted partial summary judgment declaring the occurrence of a winding-up event, and then appointed a winding-up representative to sell the partnership’s property.  Spiritas brought a petition for writ of mandamus to challenge the winding-up orders, arguing that the trial court’s appointment of a winding-up representative impermissibly allowed execution on a nonappealable, interlocutory order.  The court of appeals granted Spiritas’s petition, holding that the trial court had abused its discretion by allowing the execution of a non-final order, and that mandamus relief was available to prevent the property from being sold before Spiritas could exercise his appellate rights.  In re Steven Spiritas, Individually and as Trustee of the Spiritas SF 1999 Trust, No. 05-16-00791-CV, 2017 WL 1281394 (Tex. App.-Dallas Apr. 6, 2017) (orig. proceeding).

Courts: Texas Intermediate Appellate Courts
Subject Matter: Business Litigation, Oil & Gas/Real Estate