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Albert Lutterodt v. Emily Lane Owners Association, Inc., et al.

Paid petition · Court of Appeals of Texas, Fifth District, No. 05-14-01329-CV · judgment June 16, 2016


Certiorari denied · March 26, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether Plaintiff, by law, is entitled to the exact remedies and relief requested in his Original Petition to Inspect and Forensic Audit all the Books and Records of the Association, without restrictions or conditions? Whether a trial court can instruct jurors to look for requirements such as "reasonable identifica.- tion" with regard to inspection and forensic auditing. that are not required by the Homeowner - Association's governing documents, Bylaws and Declarations, or any statutory or property code, or state and federal laws? Whether the trial court ruling and subsequent opinions by the Court of Appeals and the Texas Supreme Court constituted unreasonable action which is contradictory to Texas business law and to many other state court rulings regarding inspection and auditing of books and records? Whether the ruling regarding defamation is contrary to the application of clearly established federal law, as determined by the US Supreme Court in New York Times Co. v. Sullivan, 376 U.S. 254,84 S.Ct. 710, 11 L.Ed.2d 686 (1964)? Whether in a defamation case a trial 'court can, without defining "malice" in the jury instructions, meet its burden of proof requirement for punitive damages? Whether a trial court can deny Due Process in a defamation case without deciding whether the alleged defamatory remarks are TRUE or FALSE?

Counsel of record

For petitioner
Albert Lutterodt

For respondent
Valarie Jean Eissler
Litchfield Cavo LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 26 2018
    Petition DENIED.
  2. Mar 07 2018
    DISTRIBUTED for Conference of 3/23/2018.
  3. Feb 21 2018
    Waiver of right of respondents Envision Realty Group, LLC and Jackson Potter to respond filed.
  4. Feb 21 2018
    Brief of respondents Emily Lane Owners Association, Inc., et al. in opposition filed.
  5. Jan 17 2018
    Petition for a writ of certiorari filed. (Response due February 22, 2018)