David Powers Homes Inc. v. M.L. Rendleman Co. Inc.
David Powers Homes Inc. ("DPH") appeals the trial court's denial of the relief sought in DPH's "Ex Parte Motion for Judicial Review of Documentation or Instruments Purporting to Create a Lien or Claim," filed pursuant to Texas Government Code §51.903. Government Code §51.903 permits persons who are identified in the instrument as debtors or obligors to bring an action for judicial review of the instrument. Ownership of the real property identified in the instrument is not a prerequisite to maintain the action. DPH's lack of ownership of the property does not render the appeal moot. The central issue is whether the trial court erred when it determined that the Affidavits of Notice to Potential Transferees filed in Harris County real property records are provided for by specific state or federal statute or constitutional provision, an implicit determination that the affidavits are not fraudulent. The affidavits contain all of the information statutorily required to constitute a notice of lis pendens. The trial court did not err in finding that the affidavits are specifically provided for by specific state or federal statutes or constitutional provisions, and as a result, are not "fraudulent" as defined in Government Code §51.901.The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-10-00967-CV, 08-18-2011.