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Hahn v. Love

The trial court entered judgment in favor of the purchaser of property who sought to enjoin the appellant from carrying out an execution sale on the property to satisfy a judgment lien against a third party. The judgment lien created by the appellant's recording of the second abstract of judgment did not attach to the property. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-11-00264-CV, 06-14-2012.

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OPINION

Appellee Bertrand R. Love, the purchaser of a property located at 1615 and 1621 Wheeler Street in Harris County, Texas (“the Property”), intervened in a lawsuit between appellant, Allon R. Hahn, individually and d/b/a Hahn’s Gulf Services (collectively, “Hahn”), and Mid-Town Roofing and Construction, Inc. (“Mid-Town”), seeking to enjoin Hahn from carrying out an execution sale on the Property to satisfy a judgment lien against a third party, O’Neal Session, and to remove Hahn’s claims as a cloud on the title. Hahn filed counterclaims against Mid-Town and Love and a third-party action against O’Neal, Myria, and Pamela Session for claims under the Texas Uniform Fraudulent Transfer Act (“Fraudulent Transfer Act” or “TUFTA”),*fn1 and he sought a declaratory judgment that he had a valid lien on the Property. Following an interlocutory summary judgment and a trial to a jury, the trial court entered final judgment in favor of Love on his claims, and it entered judgment against the Sessions and Mid-Town in favor of Hahn.*fn2

In five issues, Hahn argues that (1) & (2) the evidence supporting the jury’s verdict was legally and factually insufficient; (3) the charge was erroneous; (4) the trial court abused its discretion in excluding certain testimony and documentary evidence; and (5) the trial court erred in granting Love’s motion for partial summary judgment on the ground that the 2002 deed transferring the property from Session to Mid-Town was legally sufficient to pass title.

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