| Volume 144 Number 33 |
Subscribe to the Newsletter
Forward this news alert to your family and friends
Helpful Links
Texas Consumer Complaint Center
Credit Reports and Identity Theft
Your Guide to Small Claims Court
Contact Us
1-713-743-2168
The People’s Lawyer’s Tip of the Day
When it comes to fighting COVID-19 and spotting unsupported treatment claims, follow these tips: Click here for more.
GM recalls Buick Enclaves, Chevrolet Traverse and GMC Acadias
General Motors is recalling 108 model year 2010-2015, 2017 Buick Enclaves, model year 2010-2019 Chevrolet Traverses and model year 2011-2016 GMC Acadias.
The side curtain air bags may not be properly attached.
Unsecured side curtain airbags may not perform as intended, increasing the risk of injury. Click here for more.
Your Money
A college education is often one of the biggest investments a family will ever make, but awareness and misconceptions about 529 plans can hold them back from saving for education costs. 529 plans allow families and individuals to set aside money for educational expenses in a tax-advantaged account. But prospective students and their families may not realize the option even exists. Click here for more.
For the Lawyers
Deceptive trade practices claim is not a real property claim under the lis pendens statute. A Texas court of appeals was asked to affirm the trial court’s expungement of a lis pendens claim. The question for the court was whether the trial court abused its discretion by expunging the lis pendens. The court noted that a trial court may expunge a notice of lis pendens if (1) the pleading on which the original expungement order rests does not include a real-property claim. To constitute a real property claim, the claim must "involve[e] title to real property, the establishment of an interest in real property, or the enforcement of an encumbrance against real property . . .” The court found that “a Texas Deceptive Trade Practices Act (DTPA) claim is not a real property claim at all; it neither establishes an interest or an encumbrance upon real property nor does it involve title to real property. Rather, a DTPA claim punishes conduct in the course of a business transaction by allowing for the award of damages. As such, it cannot form the basis for a valid lis pendens.” Therefore, the trial court did not abuse its discretion. In re Gaudet, 2021 Tex. App. LEXIS 3063 (Tex. App.—El Paso Apr. 22, 2021). Click here for more.