Peña Aleczander represented a South Texas property owner in litigation concerning the division and sale of jointly held real estate. The dispute involved competing claims over how the property should be sold and how the parties’ respective interests should be addressed.
The parties participated in mediation and entered into an agreement providing a framework for the property’s sale. The client later nonsuited her affirmative claims. The opposing party then asked the trial court to vacate the nonsuit order and sought sanctions, attorneys’ fees, and other fee-shifting relief.
Peña Aleczander opposed the motion and explained that the nonsuit became effective when filed under Texas procedure. The response also distinguished the client’s nonsuited claims from the opposing party’s pending counterclaim and demonstrated that the mediated agreement remained independently enforceable. That approach preserved the parties’ negotiated path toward a sale while preventing the nonsuit from being used as a basis for sanctions or a fee award.
The Court denied the motion to vacate and rejected the requests for sanctions, attorneys’ fees, and fee-shifting in all respects. The court confirmed the continued effect of the client’s nonsuit and the parties’ mediated agreement. The parties later resolved the remaining dispute and jointly requested dismissal of all claims with prejudice.