#Newstream capital trial#
#Newstream capital series#

Appellants contended that these allegations in paragraph 67 were based on, or were in response to, AppellantsвЂ™ communications informing the Appellees of the indemnification. Appellants filed a motion to dismiss the amended claims under the TCPA. affirmatively assert and contend that this action is not permitted for the claims asserted in this suit under the Partnership Agreement or Texas law. Specifically, Appellees added new paragraph 67 to their Amended Petition, reading, 3 67) Furthermore, understand that and/or Newstream H&R have withdrawn funds from the Partnership to indemnify, reimburse, or otherwise pay and/or Newstream H&R for their losses, costs, or expenses, including attorneyвЂ™s fees incurred as a result of this suit. Thereafter, Appellees filed an amended petition asserting factual allegations that the indemnification was wrongful.

#Newstream capital series#

After Appellants informed the Appellees, including via email, that Appellants were obtaining indemnification from LCLP allegedly pursuant to the partnership agreement in connection with the lawsuit, Appellants exercised their claimed right to indemnification through a series of invoices, payments, and checks for indemnification of the legal fees and litigation expenses for this lawsuit. Appellees sued the general partner of the partnership (Newstream Hotels and Resorts, LLC) and an affiliated company (Newstream Commercial, LLC) (collectively Appellants), asserting various claims based on AppellantsвЂ™ alleged misrepresentations and mismanagement of the project. Appellees are investors in the project and held an ownership interest in a limited partnership involved in the project, Lakeside Crossing Land Partners (LCLP). Background This is a business dispute involving the construction of a mixed-use real estate development in Flower Mound, Texas, known as Lakeside Crossing.

#Newstream capital trial#

Because we hold that Appellants failed to establish that the TCPA is applicable to the claims in question, we will affirm the judgment of the trial court. Memorandum Opinion by Justice Wallach 2 MEMORANDUM OPINION This is an interlocutory appeal from the trial courtвЂ™s Order Denying DefendantsвЂ™ (AppellantsвЂ™) Texas Citizen Participation Act (TCPA) Motion to Dismiss. 20-8544-431 Before Kerr, Womack, and Wallach, JJ.

SINGHAL JAMES NEAL WALKER JDMD DEVELOPMENT, LLC AND 2548 LAKESIDE PARTNERS, LLC, Appellees On Appeal from the 431st District Court Denton County, Texas Trial Court No. FBO LANCE PIERCE VIJAY SALUJA OXPATCH LLC SUBHASH C. DANIEL HEFLIN ANN HEFLIN RICHARD HORNYAK, AS TRUSTEE OF THE HORNYAK FAMILY TRUST ERIC JACOBSON ANN JACOBSON NATSTEVE HOLDINGS, LLC QUEST TRUST COMPANY, SUCCESSOR BY MERGER TO QUEST IRA, INC. FBO JERRY DREW, AND FBO SUZIE DREW JERRY DREW, INDIVIDUALLY SUZIE DREW, INDIVIDUALLY HEERWAGEN FAMILY PARTNERS, LTD. ABDOU JOHN ABDOU JAB CAPITAL LLC DERRICK CABALLERO QUEST TRUST COMPANY, SUCCESSOR BY MERGER TO QUEST IRA, INC. 02-21-00343-CV _ NEWSTREAM HOTELS AND RESORTS, LLC AND NEWSTREAM COMMERCIAL, LLC, Appellants V. In the Court of Appeals Second Appellate District of Texas at Fort Worth _ No.