HOUSTON – For the second time, attorney Layne Walker had his summary judgment win in a suit over ownership of a beach house reversed on appeal.
The suit, filed in Galveston County, was brought by Glynn and Melinda Walker and names Layne and Ronald Walker as defendants.
In their suit, Glynn and Melinda asserted claims, among others, for monetary damages based on promissory estoppel and unjust enrichment and filed a notice of lis pendens against the property.
Court records show the trial court granted summary judgment against them on all claims.
However, on appeal, the 14th Court of Appeals reversed the trial court’s judgment as to their claims for affirmative promissory estoppel and unjust enrichment, concluding there were genuine issues of material fact on those claims.
On remand, Ronald and Layne again moved for summary judgment on the promissory estoppel and unjust enrichment claims. They also moved for summary judgment on their affirmative defense of res judicata to Glynn and Melinda’s defensive use of promissory estoppel.
History repeated itself and the case once again ended up on appeal, leading the 14th Court to reverse and remand once again.
“Contrary to this court’s prior holding, the trial court again granted summary judgment against Glynn and Melinda on their promissory estoppel and unjust enrichment claims and granted summary judgment in favor of Ronald and Layne on their res judicata affirmative defense,” states the 14th Court’s April 23 opinion. “The trial court also granted Ronald and Layne’s motion to expunge lis pendens.
“We reverse and remand.”