Attorney Raymond K. Leach's Legal Cases

Probate

Katherine Sanchez Matthews v. Estate of William H. Matthews, III

Aug 31, 2016

OUTCOME: The trial court’s judgment is affirmed annuling the Decedent's marriage on the grounds of mental incapacity in a post-death annulment proceeding brought under the Estates Code. Appeal No. No. 04-15-00461-CV; opinion delivered August 31, 2016

Appeal arising from the trial court’s judgment voiding a marriage between a former in-home health aide and a patient she cared for—a disabled veteran with physical and mental health issues who committe ... d suicide ten weeks after they married. The Court held that the evidence was sufficient for the trial court to set aside a Rule 11 agreement, the executor’s capacity challenge was waived, the executor had standing to petition for annulment at the time of trial because there was a live controversy to decide, and the evidence was sufficient to support the jury’s finding that the disabled veteran lacked the mental capacity to consent to marriage.

Probate

Estate of William H. Matthews, III v. Katherine Sanchez Matthews

Apr 21, 2015

OUTCOME: Hon. Kelly M. Cross entered judgment on the jury's verdict finding that Decedent lacked mental capacity to enter into a marriage and entered a judgment of annulment.

Petition to annul a decedent's marriage based on lack of mental capacity was brought against the decedent's spouse who was decedent's caregiver at the time of the putative marriage. Decedent had suffe ... red from severe and progressive MS that resulted in prominent cognitive deficits. The caregiver was receiving substantial sums of money from Decedent's bank account for 18 months prior to the marriage. The marriage took place after the VA took action to appoint a guardian over Decedent's estate in order to protect Decedent from being exploited for his substantial VA benefit. Decedent died by self-inflicted gunshot 7 weeks after the marriage.

Commercial real estate

Andrew Goodman d/b/a The Feast v. Casey Lange

Mar 17, 2015

OUTCOME: Following a 6 day bench trial, judgment entered in favor of Plaintiff/Tenant, awarding declaratory, injunctive relief and $180,000 in attorney's fees and case expense

Landlord initiated eviction proceedings against his tenant, a successful restaurateur, after the tenant exercised his contractual right to renew and extend his lease an additional 3 years. Landlord cl ... aimed that Tenant was in breach of the lease at the time Tenant exercised his right to renew. Landlord offered to sell the property to Tenant for a price well above the market value. Tenant sued for declaratory and injunctive relief and for attorney's fees.

Commercial real estate

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch and Carlton Thompson

Dec 17, 2014

OUTCOME: The 4th Court of Appeals affirmed the Trial Court's judgment enjoining acceleration of the Note and foreclosure proceedings and awarding attorney's fees in the amount of $240,000. Case reported at 468 S.W.3d 557 (Tex.App.--San Antonio 2014, pet. denied)

Landowner borrower brought action for declaratory judgment that holder of promissory note and deed of trust improperly accelerated note following late payment. The 38th Judicial District Court, Uvalde ... County, Mickey R. Pennington, J., granted partial summary judgment for landowner, and note holder appealed. The Fourth Court affirmed the trial court, holding that 1) attorney's fees were recoverable in the landowner's action for declaratory relief; 2) the Landowner was not in breach of its contractual obligations under the Note; and 3) Landowner had a right to notice of default with an opportunity to cure prior to acceleration of the Note.

Real estate

Schuhardt Consulting Profit Sharing Plan, Allan P. Bloxsom, III, Thomas O. Stoner v. Double Knobs Mountain Ranch, Inc.

Jan 22, 2014

OUTCOME: Judgment affirmed and petition for review in the Texas Supreme Court denied, 426 S.W.3d 800 (Tex.App.--San Antonio 2014, pet. denied).

Appeal to the Fourth Court of Appeals from judgment in the trial court upholding a ranch tract's easement rights in an adjoining ranch property and ruling that the easement in question was not extingui ... shed by adverse possession.

Commercial real estate

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc. and Carlton Thompson

Sep 12, 2012

OUTCOME: On competing motions for summary judgment, trial court (Mickey Pennington) ruled that foreclosure was improper, that Schuhardt had breached the terms of the Note and Deed of Trust and awarded $240,000 in trial/appellate fees and case expenses.

After Double Knobs Mountain Ranch successfully sued Schuhardt and others to enforce an easement through Schurhardt's neighboring ranch property, Schuhardt, through its principal, Allan Bloxsom, secretl ... y bought the Real Estate Purchase Note secured by the Double Knobs ranch. Approximately, six weeks later, Schuhardt/Bloxsom accelerated the note and posted the Double Knobs ranch for sale at foreclosure. Double Knobs sued for declaratory and injunctive relief and for attorney's fees asking for a construction of the Deed of Trust that would provide Double Knobs with a right to cure any alleged default prior to foreclosure and, also, a ruling that Double Knobs was never in default. Schuhardt countersued for judicial foreclosure and breach of contract.

Real estate

Schuhardt Consulting Profit Sharing Plan, Alan Bloxsom III, et al. v. Double Knobs Mountain Ranch, Inc.

Sep 04, 2012

OUTCOME: Judgment in favor of Double Knobs Mountain Ranch enforcing the 1979 Easement and awarding attorney's fees of approximately $146,000.00 through the date of appeal, if any.

Buyers of Double Knobs Mountain Ranch, an 800 acre tract of raw, undeveloped ranch land located near Uvalde, Texas claimed an express easement through the adjoining Royal Stoner Ranch, in order to reac ... h the Double Knobs Ranch from SH 55. The owners of The Royal Stoner Ranch locked the buyer out of the easement and filed suit seeking the easement's termination by adverse possession, abandonment and the statute of frauds. Double Knobs Mountain Ranch counterclaimed seeking enforcement of its easement under a 1979 Warranty Deed and seeking an injunction against The Royal Stoner Ranch group prohibiting it from interfering with or obstructing the 1979 Easement. The owners of the Royal Stoner Ranch are expected to appeal.

Real estate

Zuehl Airport Flying Community vs. MacIvor, et al.

May 18, 2012

OUTCOME: Easement dispute settled in which the Property Owner's Association recognized Buyer's right to access his adjoining land through the subdivision's roads.

Buyer purchased approximately 35 acres of land adjacent to a residential airport. The Airport's Property Owners Association contested the right of the buyer to use the subdivision's roads to access hi ... s neighboring property and built a fence blocking the Buyer's access tohis property. The dispute began in 2003 and the fence was built in 2008. This attorney was retained by the Buyer in December of 2008. The dispute was submitted to binding arbitration in 2010, which favored the Buyer. However, the arbitrator referred unresolved parts of the dispute back to the District Court and both parties moved for summary judgment.

Insurance

Nilesh Enterprises v. Lawyers Title Insurance

Dec 15, 2010

OUTCOME: Verdict for Nilesh Enterprises in the amount of $650,000. Case was settled on the verdict while Nilesh's application for an additional $300,000 in attorney's fees and costs was under consideration.

Nilesh Enterprises leased his commercial property to a gentlemen's club. The use of the property was subject to restrictive covenants prohibiting the lease of the property to a tenant engaged in a bus ... iness designed to appeal to its patron's prurient interests. The state district court upheld the restrictive covenants and terminated the landlord's lease. The landlord/owner then brought suit against its title company for breach of contract and for failing to defend its title against the restrictive covenants. The case was tried to verdict in the United States District Court, Western District of Texas, Hon. Xavier Rodriguez presiding.

Personal injury

Garcia v. Block Distributing Company, Ltd.

Apr 23, 2003

OUTCOME: Confidential Settlement during mediation

Mr. Garcia was driving to Eagle Pass when his vehicle was struck head on by the driver of commercial beverage truck that had crossed into his lane of traffic. A piece of metal penetrated Mr. Garcia's ... skull causing brain injury to his frontal lobe.

Raymond K. Leach's Legal Cases (13)

Katherine Sanchez Matthews v. Estate of William H. Matthews, III

Estate of William H. Matthews, III v. Katherine Sanchez Matthews

Andrew Goodman d/b/a The Feast v. Casey Lange

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch and Carlton Thompson

Schuhardt Consulting Profit Sharing Plan, Allan P. Bloxsom, III, Thomas O. Stoner v. Double Knobs Mountain Ranch, Inc.

Schuhardt Consulting Profit Sharing Plan v. Double Knobs Mountain Ranch, Inc. and Carlton Thompson

Schuhardt Consulting Profit Sharing Plan, Alan Bloxsom III, et al. v. Double Knobs Mountain Ranch, Inc.

Zuehl Airport Flying Community vs. MacIvor, et al.

Nilesh Enterprises v. Lawyers Title Insurance

Garcia v. Block Distributing Company, Ltd.