Case over real estate deal reinstated by judge

David Yates Mar. 22, 2010, 9:33am

Last January, Larry and Debbie Porter filed a breach of contract suit against Julea Mitchell after she backed out of a deal to purchase their Beaumont home at the last minute.

Four months after being sued, Mitchell declared bankruptcy and the case was dismissed.

On Monday, March 22, Judge Bob Wortham reinstated the case following a hearing on matter, during which evidence was presented that Mitchell's bankruptcy claim had been dismissed.

The Porters filed their motion to reinstate March 18.

In their motion, the couple says Mitchell filed a plan for bankruptcy listing them as creditors, but "failed and refused" to fund the plan after being approved � leading her Chapter 11 bankruptcy claim to be dismissed in February.

"Plaintiffs herby request that this honorable court reinstate the cause because of the lifting of the stay of bankruptcy ... so that justice may be served," the motion states.

Court papers show that the parties entered into an earnest money contract on Sept. 27, 2008, for the purposes of selling the Porters' $174,000 home to Mitchell.

They day before they were to close, Mitchell sent an e-mail to her real estate agent, saying she had changed her mind and wanted the realtor to find her another house.

In their suit, the Porters say that they were in the process of building a house in the city of Winnie when Mitchell pulled out of the deal � forcing the couple to pay mortgages on two homes.

The Porters are seeking actual and consequential damages.

They are represented by Beaumont attorney Frank Adams.

No attorney was listed for Mitchell.

Case No. A183-124

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