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MOOSAVIDEEN v. GARRETT

No. 01-06-00002-CV.

300 S.W.3d 791 (2008)

Seyed Hassan MOOSAVIDEEN, Appellant, v. John Travis GARRETT; Lillian Marian Foote Tigard; Lucy Lurline Foote McKinstry; Joseph Garrett Foote; Mary Josephine Foote Endlich; John G. Meador Jr.; Barbara Gene Meador; Mary Francis Meador Simpson; Danna Mahoney Meador; Mary R. Meador Crawford; Glenn Meador Jr.; Sara E. Meador; and Richard L. Doehring, Trustee of the 4 Testamentary Trusts created under the Last Will and Testament of William Mosely Garrett, Deceased, Appellees. John Travis Garrett; Lillian Marian Foote Tigard; Lucy Lurline Foote McKinstry; Joseph Garrett Foote; Mary Josephine Foote Endlich; John G. Meador Jr.; Barbara Gene Meador; Mary Francis Meador Simpson; Danna Mahoney Meador; Mary R. Meador Crawford; Glenn Meador Jr.; Sara E. Meador; and Richard L. Doehring, Trustee of the 4 Testamentary Trusts created under the Last Will and Testament of William Mosely Garrett, Deceased, Appellants, v. Seyed Hassan Moosavideen, Appellant.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled April 7, 2009.

Attorney(s) appearing for the Case

J. Woodfin Jones, Alexander Dubose Jones & Townsend LLP, Austin, TX, Kevin H. Dubose, Alexander Dubose Jones & Townsend LLP, Houston, TX, for Appellants.

David W. Holman, The Holman Law Firm, P.C., Kathleen Cynthia Pickett, Doyle, Restrepo, Harvin & Robbins, LLP, Houston, TX, for Appellees.

Panel consists of Justices NUCHIA, JENNINGS, and BLAND.

OPINION

SAM NUCHIA, Justice.

We deny appellees' motion for rehearing. However, we withdraw our opinion and judgment of July 26, 2007 and issue this opinion in their stead.

The issue presented by this appeal is whether a lessee validly exercised a purchase option before being notified by the lessor that the lessee was in default on the lease. We also consider whether a lessee can validly exercise a purchase option despite being in default of the lease...

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