Deeds procured by fraudulent misrepresentation are voidable A voidable deed is one that can be set aside or reformed if necessary to correct a mistake. A fraudulent deed is also voidable. See Maeberry v. Gayle, 955 S.W.2d 875 (Tex. App.—Corpus Christi 1997, no writ) (rescission of deed obtained by fraud was warranted). However, the deed […]
Category: Litigation
Void Deeds Fraud
Forged deeds are void ab initio Any time a deed is forged, that deed becomes void, considered null ab initio, from the beginning. It cannot be registered, and its intended function as a conveyance of property is completely inoperable and unenforceable. Simply making a claim is not sufficient to render it void, however. If a […]
Void and Voidable Deeds in Texas
Determining whether a deed is void or voidable is critical when determining the validity of the conveyance and the best procedure to challenge the instrument. A deed is defined as either void or voidable at the time that the deed is executed and delivered. A deed is a type of contract, and if a contract […]
Request Which Seeks Assertions of Privilege
Texas Rules of Civil Procedure are in place to offer guidance about exactly what information is required and exactly how that information should be shared. While the expectation is that any requested information and evidence will be shared, in some situations, a party may assert a specific privilege, declining to share information as a result of that privilege. Tex. R. Civ. P. 193.3.
Objection to a Request Which Seeks Admission of a Matter of Opinion
One type of request that frequently leads to an objection is one which seeks admission of a matter of opinion. Such requests, which include the sometimes gray area of sorting fact from opinion, are objectionable.
Objection to a Request Which Seeks Admission of Hearsay
When the requesting party does not follow the parameters of the discovery process as outlined by Texas Rules for Civil Procedure, the other party may object. One common reason for an objection is when a party seeks to admit hearsay as evidence.
Objection to a Request Which Seeks Admission of a Legal Proposition
When litigants do not follow these Texas Rules for Civil Procedure, a responding part may object. One frequent reason for an objection is when one party asks the other to admit a legal proposition, which is the reason for a legal decision or the legal requirement for a decision.
Objection Because Information Is Unknown or Not in Possession of Responding Party
During the discovery process, a responding party must provide all information that is “reasonably available” as requested. TEX R. CIV. P. 193.1. At times, however, information is not available as requested, and when that happens, the responding party has a right to object to the request.
Objection to a Request That Negates Personal, Constitutional, or Property Rights
Failing to follow directives outlined in Texas Rule of Civil Procedure allows the responding party to object to a request unless and until it is reframed and resubmitted in accordance with the statutes. A responding party has a right to object to a request, for example, if that request is for protected information.
Objection to Improper Request of Persons with Knowledge of Relevant Facts
The assumption during the discovery process is that both parties will share all information as requested in accordance with the Texas Rule of Civil Procedure. At times, however, requests do not follow those rules, allowing the responding party to object to those requests. If a party requests “knowledge of a person ‘with knowledge of any relevant facts,’” that request is considered by the Texas Supreme Court to be inappropriate and therefore objectionable.