Update 3: Homeowner's lawsuit
Two homeowners are on either side of a lawsuit regarding a pet incident that occurred in March of 2019. The Association was later added to the suit because the defending homeowners were also on the Association board.
The jury trial has been moved to February 2021. Prior articles on this subject are located here.
In September 2020, the suit was expanded to include two complaints about the condominium building materials and workmanship. The first complaint can be characterized as a breach of settlement related to a 2009 lawsuit and subsequent 2011 rainwater leak repair. The second complaint is about the aesthetics of the white flat roof area seen in the photo. The damages are "loss of enjoyment".
The homeowners involved are currently not residents or owners in the community nor board members. One sold their house in 2019. The other sold their house in 2020.
The Association carries insurance to cover legal fees and shield the owners from the financial risk of lawsuits of this nature. The insurance deductible on this lawsuit is $1,000.
UPDATE: The parties have had a difficult time agreeing to dates and are arguing over over discovery. Three hearings have been set and motions heard before a judge to resolve conflicts.
ReplyDeleteUPDATE: The judge ordered additional production from the defendants and set the plaintiff's deposition for December 15, contingent on the completion of the additional discovery.
ReplyDeleteThe February 22, 2021 trial date has been cancelled by the courts because of CoViD-19. A new trial date will need to be set for a date in the mid to late summer of 2021.
So this is about two neighbors feuding? Am I reading it right that the "alleged" shoulder injury was scheduled for surgical repair before the incident occurred and LOBT is being sued a second time for a roof leak that occurred in 2011?
ReplyDeleteUPDATE: One defendant (Lakes of Bent Tree) produced the documents by December 4th as ordered by the judge. The other defendant did not produced the documents ordered by the judge. The plaintiff has cancelled his his deposition. The Defendant and Plaintiff are in a discovery standoff.
ReplyDeleteUPDATE: Discovery issues resolved. Depositions are currently set for February 9 at 930 AM.
ReplyDeleteDeposition has been set for March 25, 2021. The matter has been reset for trial for August 9, 2021 at 9:00 a.m. in the 134th Judicial District Court of Dallas County. The Court is located at the George L. Allen Sr. Courts Building at 600 Commerce Street, 6th Floor, Room 650, Dallas, Texas 75202.
ReplyDeleteDeposition was heard on March 25, 2021.
ReplyDelete