In July, Susan McCurry filed a petition for partition against Texas Mountain Ranch and Mark and Carolyn Fertitta, seeking to properly divide up a tract of land worth around $4 million.
Court records show that on Sept. 10 McCurry filed a motion to dismiss.
That same day, Judge Milton Shuffield, 136th District Court, dismissed the action against the defendants without prejudice.
The petition states McCurry and the Fertittas are one-third, co-owners of undivided interest in certain real estate in Bandera and Medina Counties. The other third interest belongs to Elizabeth Wadill.
The land is estimated to be worth more than $4 million.
“Defendants … have expressed an interest in obtaining a one-half divided possessory interest in the tract,” the suit states. “Plaintiff has attempted to negotiate an equitable division of the property. However, defendants … have been unreasonable in proposing a division of the property, thus, necessitating this lawsuit.”
The plaintiff was asking the court to enter a decree as follows:
- Determining the share of each of the joint owners of the property;
- Determining that the property is susceptible to partition and directing partition;
- Appoint commissioners to make such partition; and
- Awarding of court costs and attorney’s fees.
Attorney George Bean of the Beaumont law firm Cashiola & Bean represents the plaintiff.Case No. D192-707