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ORIX CAPITAL MARKETS v. AM. REALTY TRUST

No. 05-10-01005-CV.

356 S.W.3d 748 (2011)

ORIX CAPITAL MARKETS, LLC, Appellant, v. AMERICAN REALTY TRUST, INC., Appellee.

Court of Appeals of Texas, Dallas.

December 14, 2011.

Attorney(s) appearing for the Case

Lindsey Eubank Simmons , Jeffrey Joyce, Joyce, McFarland & McFarland LLP, William G. Arnot, III , Houston, TX, Gregory D. May , Dallas, TX, for Appellant.

Lawrence J. Friedman , Ryan Lurich , Friedman & Feiger, L.L.P., Dallas, TX, for Appellee.

Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.

OPINION

Opinion By Justice LANG-MIERS.

Appellant Orix Capital Markets, LLC filed this action seeking to vacate the amended judgment in a prior lawsuit between it and appellee American Realty Trust, Inc. The core issue is whether the amended judgment is void because the trial judge allegedly did not meet the constitutional requirements to hold the office of district court judge when he was elected. The parties filed cross-motions for summary judgment, and...

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