The Texas First Court of Appeals overturned a summary judgment previously granted to Malachite Venture Corporation, holding that the lower court erred in rejecting a notice of nonsuit. Representatives for Dr. R.K. Dhingra had moved to drop their claims without prejudice after Malachite raised standing challenges, while continuing legal action against the party behind the alleged forgery. The ruling noted that dropping the estate's claims takes effect immediately without judicial approval and does not bar Malachite from pursuing its own affirmative relief.
Key points
The Texas First Court of Appeals held that a timely notice of nonsuit becomes effective i…: The Texas First Court of Appeals held that a timely notice of nonsuit becomes effective immediately without requiring court approval.
The trial court erred by granting summary judgment to Malachite after the plaintiff had a…: The trial court erred by granting summary judgment to Malachite after the plaintiff had already filed to drop its claims.
Dismissing the claims against the buyer does not prevent the defendant from seeking its o…: Dismissing the claims against the buyer does not prevent the defendant from seeking its own affirmative legal relief.
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A disputed property deed can leave an estate fighting to recover land years after its owner's death, particularly when the signature authorising the original transfer is alleged to be forged. In Texas, the estate of a deceased doctor challenged a 2009 property transfer, claiming that a man who controlled the company receiving the land had forged the owner's signature. The dispute later involved another company that purchased the property and sought to defend its ownership.
In a November 6, 2026, memorandum
opinion available on Justia, the Texas First Court of Appeals ruled that the estate could withdraw its claims against the later buyer, Malachite Venture Corporation. The court reversed the trial court's refusal to recognise the withdrawal and its subsequent decision granting summary judgment to the buyer on the estate's claims. The appeals court held that the estate had filed its notice of nonsuit before judgment was entered and that the withdrawal did not prevent the buyer from pursuing any independent claims for affirmative relief.
How the disputed property transfer began
The case concerned land originally conveyed to Shiva Investment…
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