Peña Aleczander secured a new trial for a South Texas business and one of its principals in a dispute arising from a commercial real-estate foreclosure. The ruling reopened the case after the trial court had entered summary judgment awarding interests in the disputed property to the opposing parties.
The defense challenged that judgment through a motion for new trial. The motion identified unresolved factual questions concerning the parties’ course of dealing after the underlying debt matured, including the lender’s acceptance of payments over an extended period and the events surrounding the subsequent foreclosure. It also raised procedural issues concerning the grounds presented during the summary-judgment proceedings and the relief awarded in the final judgment.
Following a hearing, the Court granted the motion for new trial. The order returned the property dispute to the trial court for further proceedings and restored the clients’ opportunity to present their defenses on a complete record.