Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Musgrave v. Owen

The question of joinder under Texas Rule of Civil Procedure 39 as applied to the declaratory judgment act has been interpreted as providing discretionary authority to the trial court to refuse to render a declaratory judgment when the decree would not terminate the uncertainty or controversy giving rise to the proceeding.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

A. C. Musgrave, Jr. appeals the granting of a summary judgment in favor of Brookhaven Lake Property Owners Association (Association) and some of the lot owners in the Brookhaven Pines Addition (collectively, the movants), dismissing his claims for declaratory relief regarding certain rights and responsibilities under a restrictive covenant.

Musgrave contends that the court erred in granting summary judgment on the grounds of res judicata. He argues that his claims in this case (Musgrave II) do not arise from the same transaction that formed the basis of the prior case (Musgrave I) and would not have formed a convenient trial unit with the claims in the prior case. Musgrave also argues that summary judgment was improperly granted regarding Pinebrook Properties, Ltd. and its general partner, Pinebrook Properties Management, L.L.C. (collectively, Pinebrook), as those entities never asserted an affirmative claim against the defendants. However, Musgrave suggests that his interests are so intertwined with Pinebrook that if the judgment is reversed against him, it should also be reversed against Pinebrook.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
Associate

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Go to Lawjobs