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Real Estate Litigation

During 2003, Mr. Thomas obtained a reversal of a judgment entered in a real estate dispute. Double Diamond, Inc. v. Barber, 2003 Tex.App. LEXIS 6772 (Tex.App. Eastland 2003, no writ).

Mr. Emerson successfully defended the RTC in a lawsuit in which RTC sought specific performance of a real estate contract. Judgment was rendered in favor of RTC, and the court additionally ruled that the RTC was entitled to retain $451,500 in earnest money previously tendered by the Plaintiffs. An Emergency Motion to Cancel Lis Pendens was additionally granted on behalf of RTC, thereby permitting the immediate sale of the real estate to another buyer for an amount in excess of $8,000,000. The decision was subsequently affirmed by the United States Fifth Circuit Court of Appeals, Enclave v. RTC, 986 F.2d 131 (5th Cir. 1993).