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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Summary judgment battle ensues in fraud suit against Harbor Hospice

Law money 06

A Jefferson County investor recently filed a motion for summary judgment in a piece of complex litigation that originally alleged his financial interest in dozens of companies had been fraudulently managed.

As previously reported, Joe R. Chapman filed a lawsuit Aug. 18, 2014 in Jefferson County District Court against Qamar U. Arfeen, Arfeen Properties, Harbor Healthcare System and dozens of Harbor Hospice facilities in different cities in Texas.

On May 4 Chapman filed a motion for summary judgment, arguing the defendants have presented no evidence, court records show.

Court records further show the defendants filed a counterclaim on March 5, 2015.

“Defendants have already prevailed on certain summary judgment claims on this matter,” Chapman’s motion states. “Plaintiff moves for summary judgment because adequate time for discovery regarding defendants’ claims has passed.”

Chapman contends the defendants do not need to conduct additional discovery regarding their claims for attorney’s fees, breach of fiduciary duty and breach of duty of care.

The defendants filed a response to the motion for summary judgment on May 31, arguing that it is without merit, court records show.

According to the original petition, Chapman was a partner or member in all of the hospital and hospice companies listed as defendants. He says Arfeen Properties purchased his share in some of the properties but has not provided him with any "consideration for said interests."

Chapman accused the defendants of breaching the duty of loyalty by allegedly improperly transferring his interest in certain defendants and entering into unreasonable contracts with others. As a result, Chapman claimed the defendants "misappropriated funds" and violated their fiduciary duty to him.

Chapman also accused the defendants of fraud and sought more than $200,000 in damages.

Attorneys Chris M. Portner, J. Trenton Bond and Scott W. Browne represent Chapman.

Attorney Glen Morgan of Reaud Morgan & Quinn represents the defendants in part.

The case number is Jefferson County District Court case A196-015

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