Brent Coon to keep $200K in back rent award; Texas SC denies petition for review

David Yates Jun. 4, 2012, 10:00am

Sibley Law office at Tuscany Park

The Texas Supreme Court recently denied to hear a Beaumont attorney's petition for review, which sought to overturn an award of more than $200,000 to Brentwood Investments for back rent.

In March 2008, plaintiff's attorney Brent Coon and his company Brentwood Investments filed suit in hope of recovering $214,933 in back rent from real estate lawyer Thomas Sibley, who rented an office from Coon at his Tuscany Park office park located at 3450 Dowlen Road.

Court records show both parties filed motions for summary judgment.

On Nov. 24, 2009, Judge Bob Wortham, 58th District Court, rendered summary judgment in favor of Brentwood, awarding $214,933, plus pre and post-judgment interest, and $5,500 for attorney's fees, court papers say.

Sibley appealed the decision, arguing that his lease was never signed by landlord Brent Coon or one of his company's representatives and is therefore defective on its face as a matter of law.

Court records show that on Sept. 7, 2011, the Eighth District Court of Appeals issued an opinion supporting Judge Wortham's findings. The case was transferred out of Beaumont's Ninth District appeals court, but no reason for the transfer was provided in court documents.

Eight District Chief Justice David Chew opined, "the omission of the lessor's signature was not fatal to the lease's enforceability," and that Sibley's "statute of frauds argument is without merit."

Nearly a year later, the Texas Supreme Court denied Sibley's petition for review on June 1, effectively bring the suit to its conclusion.

Coon was represented by attorney Jason Hughes of the Germer Gertz law firm.

Sibley represented himself.

Case No. A181-447

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