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Rodarte v. Investeco Group, L.L.C.

In this property-foreclosure case, appellant contends that the summary-judgment orders were improperly granted because, among other arguments, appellees tortiously interfered with the agreement. A party alleging tortious interference must prove that a contract subject to interference exists; that the alleged act of interference was willful and intentional; that the willful and intentional act proximately caused damage; and that actual damage or loss occurred. Because the undisputed facts establish as matter of law that the appellees' purchase of the note was not the proximate cause of the complained-of damages, there was not tortious interference. Houston Court of Appeals, No. 14-08-00093-CV, 09-29-2009

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Affirmed and Majority Opinion and Concurring Opinion filed September 29, 2009.

MAJORITY OPINION

In this property-foreclosure case, Victor Rodarte appeals the trial court’s summary-judgment orders in favor of Investeco Group, L.L.C., Morad Mekhail, and Vincent Rodriguez. Victor contends that the summary-judgment orders were improperly granted because (1) he had standing to prosecute the suit on his brother’s behalf; (2) one summary-judgment order was based solely upon previously nonsuited claims; (3) the appellee-movants failed to meet the required burdens of proof; and (4) the trial court ignored Victor’s properly pleaded and proven affirmative defenses. We affirm the trial court’s judgment.

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