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HMC HOTEL PROPERTIES v. KEYSTONE-TEXAS

No. 12-0289.

439 S.W.3d 910 (2014)

HMC HOTEL PROPERTIES II LIMITED PARTNERSHIP and Host Hotels & Resorts, L.P., f/k/a/ Host Marriott, L.P., Petitioners, v. KEYSTONE-TEXAS PROPERTY HOLDING CORPORATION, Respondent.

Supreme Court of Texas.

Decided June 13, 2014.

Rehearing Denied October 3, 2014.

Attorney(s) appearing for the Case

Constance H. Pfeiffer , David M. Gunn , Erin H. Huber , Beck Redden LLP, Houston, David E. Keltner , Marianne M. Auld , Mary H. Smith , Matthew David Stayton , Kelly Hart & Hallman LLP, Fort Worth, Debbie C. Darlow , Fulbright & Jaworski L.L.P., Houston, Emerson Banack Jr. , Langley & Banack, San Antonio, Tom Alan Cunningham , Cunningham Darlow LLP, Houston, TX, for Petitioner.

Cole B. Ramey , John Michael Ellis , Crouch & Ramey LLP, Dallas, Mark Ryan Trachtenberg , Bexar County District, San Antonio, Polly Benton Graham , Ryan Paulsen , W. Alan Wright , Haynes and Boone LLP, Houston, for Respondent.

Stephanie L. Fier , Kaye Scholer LLP, Washington, for Amicus Curiae National Assoc'n of Real Estate Investment Trusts.

Craig T. Enoch , Enoch Kever PLLC, Austin, for Amicus Curiae Stockbridge Capital Group.

George S. Christian , Texas Civil Justice League, Austin, for Amicus Curiae Texas Oil & Gas Association.

Justice BROWN delivered the opinion of the Court.

This case involves the attempted sale of two pieces of real estate in downtown San Antonio — the Rivercenter Mall and the ground beneath the San Antonio Marriott Riverwalk hotel. After a deal to sell the properties fell through, the seller sued its tenant — the hotel owners — over actions the seller believed killed the deal. The jury found liability, and awarded damages for slander of title and...

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