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Salomon v. Lesay

Appellants Michel and Malena Salomon appeal from a judgment concerning real property that they allege is their homestead. The trial court's judgment was internally inconsistent with respect to the Salomons' family homestead. The trial court's judgment is reversed and remanded. Houston's 1st Court of Appeals, No. 01-09-01022-CV, 03-30-2012.

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OPINION

Appellants Michel and Malena Salomon appeal from a judgment concerning real property that they allege is their homestead. Appellee Isabelle Lesay, the ex-wife of Michel Salomon, had obtained a lien against the Salomons’ property for unpaid child support in a separate proceeding. Lesay foreclosed on the lien, and appellee Khalaf S. Khalaf purchased the property at a public auction. The Salomons sued Lesay for filing a fraudulent lien, and they sued Khalaf to quiet title. Lesay and Khalaf filed counterclaims. The trial court subsequently struck Michel’s pleadings for his repeated failures to appear at court-ordered depositions. The jury found that the property was Malena’s homestead, but it also found that Lesay did not fraudulently file her lien. The court entered a judgment declaring that Malena had an undivided, one-half, homestead interest in the property. The judgment also declared that Khalaf had acquired Michel’s undivided, one-half, non-homestead interest in the property as tenant in common with Malena.

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