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TRANSCONTINENTAL REALTY v. ORIX CAPITAL

No. 05-10-00655-CV.

353 S.W.3d 241 (2011)

TRANSCONTINENTAL REALTY INVESTORS, INC., Appellant, v. ORIX CAPITAL MARKETS, LLC, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled November 21, 2011.

Attorney(s) appearing for the Case

Mitchell Madden , Thomas V. Murto, III , The Law Offices of Mitchell Madden, Dallas, TX, for Appellant.

Talmage Boston , Winstead, Secrest & Minick, P.C., Kent B. Pearson , Winstead PC, Nicola Hobeiche , Gregory D. May , Dallas, TX, for Appellee.

Before Justices MORRIS, O'NEILL, and FILMORE.

OPINION

Opinion By Justice O'NEILL.

Appellant Transcontinental Realty Investors, Inc. appeals a declaratory judgment granted in favor of Orix Capital Markets, LLC. In three issues, Transcontinental generally contends: (1) the trial court erred in granting declaratory relief because no justiciable controversy existed and because Orix had previously filed, but abandoned, a breach of contract claim raising the same contentions, (2) the declaratory judgment...

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