OPINION
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Hemyari v. Stephens (Tex. 2011)(Per Curiam Opinion)
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FULL TEXT OF OPINION [ forthcoming ]
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Hemyari v. Stephens, No. 10-0389 (Tex. Oct 21, 2011)(per curiam) (bankruptcy stay and foreclosure)
KOUROSH HEMYARI AND UNION VALLEY RANCH, L.P. v. GARY BEN STEPHENS, STEPHENS GROUP, L.P.,
AND STEPHENS GROUP II, L.P.; from Dallas County; 5th district (05-08-01492-CV, ___ SW3d ___, 04-20-10)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment.
Per Curiam Opinion
View Electronic Briefs in 10-0389 HEMYARI v. STEPHENS
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
In this case we are called upon to decide whether a foreclosure sale violated the automatic
stay attendant to all bankruptcy proceedings. James Murphy, pursuant to a bankruptcy court order
authorizing the sale of property owned by the Stephens Groups on August 1, 2000, foreclosed on
a deed of trust and posted the property for sale on September 5, 2000. Some five years later, the
Stephens Groups challenged the sale on the grounds that it violated the automatic stay. The court
of appeals agreed, concluding that the violation made the foreclosure void. Because we conclude
that the order permitted a sale on or after August 1, 2000, we reverse the court of appeals’ judgment
without hearing oral argument, pursuant to Texas Rule of Appellate Procedure 59.1.
These deed errors, like the alleged violation of the automatic stay, did not affect the validity
of the deed of trust or the sale pursuant to it, and the trial court below was correct to grant summary
judgment for Hemyari and Union Valley on both grounds. Without hearing argument pursuant to
Texas Rule of Appellate Procedure 59.1, we reverse the court of appeals’ judgment and render
judgment for Hemyari and Union Valley