![]() ![]() The Crosslands responded by stating that equity would require that in the event it is determined that is entitled to a constructive trust for some amount of damages against the legal title, in order to avoid unjust enrichment to as a result of her contractual duty of disclosure to that should be indemnified for that liability to. Cathy urged that the Crosslands failed to tender a scintilla of evidence to establish a right to indemnity from her. ![]() Thereafter, she filed a no-evidence motion for summary judgment on the Crosslands claim for indemnity. In response, Cathy filed a general denial and affirmative defenses of lack of standing and estoppel. The Crosslands then filed a third party action against Cathy, pleading that Cathy was liable to the Crosslands for any and all sums they may be compelled to pay to Berry as a result of the occurrence made the basis of Berry s suit or for any loss they may suffer as a result of Berry s claims. 2 Berry claimed in his petition filed against the Crosslands that he was directly damaged by never having been provided the option to purchase the residential property and here asserts his equitable title in the property. The 2005 deed from Cathy to Lange provided: Grantor hereby binds Grantor and Grantor s heirs, executors, administrators, successors to warrant and forever defend all and singular the property to Grantee and Grantee s heirs, executors, administrators, successors, assigns against every person whomsoever lawfully claiming or to claim the same of any or any part thereof. In 2005 Cathy transferred the High Ridge property to Tim Lange, and he sold the property to the Crosslands in 2006. Specifically, it stated, in part: Cathy Berry grants to Allen Lawrence Berry a right to purchase this property upon the same terms and price as any other good faith offer received by Cathy Berry. That deed contained language that Berry contended reserved a right of first refusal, if she decided to sell the property. Berry transferred his interest in the property to Cathy by deed dated October 26, 1998. When Cathy and Berry divorced, Cathy was awarded the home, located at 4405 High Ridge in Corpus Christi, Texas. BACKGROUND Allen Lawrence Berry 1, Cathy s ex-husband, filed suit against the Crosslands, asserting a claim for equitable title in property purchased by the Crosslands from an individual named Timothy Lange who had purchased the property from Cathy. In reply, Cathy urges that the appeal is moot, or alternatively, the trial court was correct in granting her no-evidence motion for summary judgment. By three issues, the Crosslands urge that the no-evidence motion for summary judgment was improper because it attacked the entire indemnity claim rather than its specific elements, it raised a legal issue that cannot be determined in a no-evidence proceeding and, that they sufficiently controverted the motion. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Vela Memorandum Opinion by Justice Vela This is an appeal from the grant of a no-evidence summary judgment in favor of appellee, Cathy Berry Lange A/K/A Cathy Berry Geary (Cathy), and against appellants, David and Michelle Crossland (the Crosslands ). ![]() On appeal from the 347th District Court of Nueces County, Texas. CATHY BERRY LANGE A/K/A/ CATHY BERRY GEARY, Appellee. NUMBER 13-10-217-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG DAVID CROSSLAND AND MICHELLE CROSSLAND, Appellants, v. ![]()
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