Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of January 25, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

GRCDallasHomes LLC v. Caldwell, No. 02-19-00406-CV (Jan. 28, 2021) (Birdwell, J., joined by Bassel and Wallach, JJ.).

Held: A note’s proviso that a party “shall retain property as payment” did not give rise to either a nonrecourse loan or an exclusive remedy.  The note did not unambiguously cover the subject of Appellee’s claim, such that any equitable relief would be barred.  Finally, lost profits were not categorically unavailable under a claim for money had and received.