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eBook details

• Title: Chen v. Breckenridge Estates Homeowners Association
• Author : In the Court of Appeals Fifth District of Texas at Dallas
• Release Date : January 26, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Steven Chen and Sherry L. Chen appeal the trial courts order enforcing an underlying summary judgment entered in favor of Breckenridge Estates Homeowners Association, Inc. ("the Association"). In a single issue, the Chens argue the trial court erred in "substituting one plaintiff for another plaintiff after it has lost plenary as the District Court had/has no power to correct, modify, or reform the judgment." We affirm the trial courts order. The Chens purchased property located within the planned unit development called Breckenridge Estates. As property owners within the development, the Chens automatically became members of the Association and were subject to the declaration of covenants, conditions, and restrictions for Breckenridge Estates ("the declaration). In August 2002, the Association sued the Chens, seeking an injunction that would require the Chens to remove an unapproved and non- conforming structure from their property. The suit also alleged the unapproved structure was a nuisance and sought fines, civil damages, and attorneys fees from the Chens. In March 2003, the trial court granted the Associations motion for summary judgment on the grounds that the Chens were in violation of the declaration. The trial court ordered the Chens to remove the unapproved structure from their property and awarded the Association its costs and attorneys fees. the Chens appealed, and this Court affirmed the summary judgment. See Chen v. Breckinridge Estates Homeowners Association, Inc., No. 05-03-01753-CV, (Tex. App.-Dallas August 16, 2004, no pet.).

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