Tony Buzbee
HOUSTON - The First Court of Appeals has reversed a $765,000 summary judgment win in favor of Tony Buzbee, who had sued a fellow attorney for breach of contract.
According to the First Court’s Aug. 28 opinion, Buzbee loaned $1.25 million to Tammy Tran and her law firm, Tammy Tran Attorneys at Law, for litigation expenses in a lawsuit Tran was prosecuting. When Tran didn't repay the loan, Buzbee sued.
Buzbee and Tran settled the lawsuit by signing a promissory note and confession of judgment, and the parties later entered into two forbearance agreements to delay the due date on two annual payments.
In his lawsuit, Buzbee alleged that Tran defaulted under the note and one of the forbearance agreements.
Tran and her husband, Adams Tran, allegedly made contributions to and worked for Buzbee’s 2019 mayoral campaign. In her counterclaim, Tran alleged that Buzbee promised to pay her for those contributions.
Her husband also intervened, asserting claims against Buzbee for unpaid campaign work.
Court records show Buzbee moved for summary judgment, which the trial court granted, dismissing Tran’s counterclaims and rendering judgment for Buzbee for $765,000.
On appeal, the Trans argued that the trial court erred because the judgment granted more relief than requested in the summary judgment motion; the judgment relied on unpleaded causes of action; fact issues existed on Buzbee’s claims; and fact issues existed on Tran’s counterclaims.
Justices agreed with Tran that Buzbee did not move for summary judgment on her counterclaim for breach of contract, concluding that the trial court erred by granting summary judgment on the breach of contract counterclaim.
“We hold that the trial court erred by granting summary judgment on Tran’s counterclaim for breach of contract and on all Adams Tran’s claims,” the opinion states. “We affirm the trial court’s summary judgment order to the extent it dismissed Tammy Tran and Tammy Tran Attorneys at Law’s counterclaims for fraud and quantum meruit.
“We reverse the remainder of the summary judgment order and remand to the trial court for further proceedings.”
Appeals case No. 01-23-00923-CV
