On appeal: Harbor Hospice summary judgment win

By David Yates | Jul 27, 2017

BEAUMONT - A Jefferson County investor is appealing a summary judgment ruling against him 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.

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.

Court records show the parties had filed respective motions for summary judgment.

When the defendants were awarded summary judgment in their favor, Chapman filed an appeal last August.

On appeal, Chapman argues the defendants have not established that they are entitled to summary judgment as a matter of law on any ground.

The ownership entities sought to establish as a matter of law that Chapman’s claims were barred by the statute of limitations and by ratification.

Chapman asserts the trial court’s summary judgment ruling was unwarranted, improper and constitutes reversible error.

The defendants argue Chapman’s claims were in many cases brought too late, and in other cases based on vague, unenforceable “overarching oral partnership agreements,” court briefs state.

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.

Jefferson County District Court case No. A196-015

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