Appellee sued appellant under sections 12.001-.002 of the Texas Civil Practice and Remedies Code, the fraudulent lien statute. The appellee moved for summary judgment on appellant's counterclaim under Texas Rule of Civil Procedure 166a(b), contending that as a matter of law, appellant's counterclaim was not viable because Texas Tax Code §34.015(b)(1)-(2) requires the "person" purchasing the property to file a tax certificate and that "person" as defined in the Code Construction Act does not mean the individual members or shareholders of a corporate entity. The appellant did not argue any alternative construction in his response, and the trial court's final judgment, by granting relief on appellee's motion for summary judgment, necessarily denied appellant's counterclaim. The trial court's judgment is affirmed.
Brewer v. Green Lizard Holdings, L.L.C.
Tex. App. Dist. 2
July 31, 2013