# George Green and Garlan Green v. Port of Call Homeowners Association Phillip Jacobs John Ross Bucholtz Richard Pat McElroy Randolph Harig Christopher Rockwood Nancy Carothers Alliance Association Management Sharon Murphy Jose Balderas Harold Brown And Niemann & Niemann, LLP

> Texas Court of Appeals, 3rd District (Austin) · August 29, 2018

URL: https://www.frixlaw.com/law-library/cases/4308483

## Case

- **Court:** Texas Court of Appeals, 3rd District (Austin)
- **Decided:** August 29, 2018
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4308483

## Opinion text

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED AUGUST 29, 2018

NO. 03-18-00264-CV

George Green and Garlan Green, Appellants

v.

Port of Call Homeowners Association; Port of Call Homeowners Association, Inc.;
John Ross Buchholtz; Nancy Carothers; Randolph Harig; Phillip Jacobs; Richard Pat
McElroy; Christopher Rockwood; Christine Mashay Taylor; Alliance Association
Management, Inc.; Jose Balderas; Harold Brown; Sharon Murphy; and Niemann &
Niemann, LLP d/b/a Niemann & Heyer, LLP, Appellees

APPEAL FROM THE 33RD DISTRICT COURT OF LLANO COUNTY
BEFORE JUSTICES PURYEAR, PEMBERTON, AND BOURLAND
MODIFIED AND, AS MODIFIED, AFFIRMED IN PART;
REVERSED AND REMANDED IN PART — OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment signed by the trial court on September 7, 2016. Having

reviewed the record and the parties’ arguments, the Court holds that there was no reversible

error, but that there was error requiring correction in that portion of the trial court’s judgment

conditionally awarding attorneys’ fees to each appellee in the event of an unsuccessful appeal of

the trial court’s rulings on any issue other than the defamation claim. Therefore, the Court

modifies the trial court’s judgment to remove that conditional award of attorneys’ fees to each

appellee. Furthermore, the Court holds that there was reversible error in that portion of the trial

court’s judgment dismissing appellants’ defamation claim against Port of Call Homeowners
Association, Inc. Therefore, the Court reverses the dismissal of the appellants’ defamation claim

and remands that issue to the trial court for further proceedings. In all other respects, the

judgment of the trial court is affirmed. Each party shall pay their own costs relating to this

appeal, both in this Court and in the court below.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4308483. Public record. Not legal advice.