Peña Aleczander won partial no evidence summary judgment for a client in Hidalgo County litigation concerning the ownership and possession of two properties. The ruling dismissed with prejudice the opposing investment company’s claims for declaratory relief and fraud in a real estate transaction. The court also dismissed the company’s related request for attorneys’ fees.
The dispute arose from competing claims of title that later became part of probate proceedings. The investment company sought declarations concerning its asserted ownership of the properties and pursued several related claims against the client. After discovery closed, Peña Aleczander filed a no-evidence motion for summary judgment challenging claims for which the company carried the burden of proof at trial.
The motion required the investment company to produce more than a scintilla of evidence on each challenged element. The probate court found that the company failed to meet that burden on its claims for declaratory relief and real-estate fraud. On July 14, 2026, the court granted the client’s motion in part and dismissed both claims with prejudice.
The July ruling followed the court’s earlier denial of the investment company’s own motion for summary judgment, which sought a declaration that the company held legal title to the properties. The two rulings preserve the client’s defenses and narrow the dispute as the remaining title and related claims proceed toward trial.