Dallas attorney, Robert Boone, recently obtained a motion summary judgment on behalf of his title company client in a breach of contract suit arising out of a divorce decree. The decree obligated the husband to pay the wife $50,000 for her interest in the marital residence, which was secured with an owelty lien on the property. Robert’s client closed the sale of the property, but did not catch the lien and the wife was never paid. Robert’s client settled with the wife by purchasing her claims against the husband.
When Robert’s client sought to get the money back from the husband, the husband argued that because the divorce court had granted a new trial, Robert’s client could not enforce the decree. Robert asserted that the husband breached his contractual obligation in the divorce decree and the new trial was expressly limited to the parenting plan, making the property division in the decree enforceable. The court agreed with Robert and awarded his client the $50,000.
This was a great win for Robert and the professional liability section.