Court of Civil Appeals of Texas, 2019

El Pescador Church, Inc. v. Hector P. Ferrero, Rosa Ferrero, Antonio Nunez, and Diego Sanchez

El Pescador Church, Inc. v. Hector P. Ferrero, Rosa Ferrero, Antonio Nunez, and Diego Sanchez
Court of Civil Appeals of Texas · Decided November 25, 2019

El Pescador Church, Inc. v. Hector P. Ferrero, Rosa Ferrero, Antonio Nunez, and Diego Sanchez

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS EL PESCADOR CHURCH, INC., § § No. 08-18-00029-CV Appellant, § Appeal from the v. § 384th District Court § HECTOR P. FERRERO, ROSA of El Paso County, Texas FERRERO, ANTONIO NUNEZ, AND § DIEGO SANCHEZ, (TC#2015DCV0484) § § Appellees.

§ JUDGMENT The court has considered this cause on the record and concludes there was error in that part of the judgment where the trial court granted Appellee Antonio Nunez’s plea to the jurisdiction relating to the DTPA claim. We therefore reverse that part of the judgment and remand to the trial court.

We conclude there was error in that part of the judgment where the trial court granted the no evidence summary judgment of Appellee Antonio Nunez relating to the fraud claim. We therefore reverse that part of the judgment pertaining to the fraud claim against Antonio Nunez and remand that part of the case to the trial court.

We conclude there was no error in that part of the judgment where the trial court granted Appellee Antonio Nunez’s motion for summary judgment relating to the conversion claim. We therefore affirm the trial court’s order pertaining to the conversion claim against Appellee Antonio Nunez.

The court dismisses all claims against Appellees Hector Ferrero, Rosa Ferrero, and Diego Sanchez for want of jurisdiction.

We further order that Appellant, and its sureties, if any, 1 and Appellee each pay one-half (1/2) the costs of this appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 25TH DAY OF NOVEMBER, 2019.

ANN CRAWFORD McCLURE, Senior Judge Before Rodriguez, J., Palafox, J., and McClure, Senior Judge McClure, Senior Judge (Sitting by Assignment)

See TEX. R. APP. P. 43.5.

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