Court Situation.

Pena v. Smith. Cindy Pena AKA my Mom was sued for the alleged breach of a real estate sales con-tract. Attorney Michael A. Smith sued Cindy because she refused to sell him the mineral rights to a rather small section of land. The mineral rights had never been discussed and where not included on the deed in fact if the Judge had required Attorney Smith to use a title company like anyone else would have had to they would have performed a standard title search and realized the mineral rights had in fact been reserved. This entire situation has been out of control for two years and has coast my family and me a lot of money, time and the ability to do anything with the land that sat illegally in Mr. Smith's name until today when the appeal court reversed the trial court’s ruling. However it's not over because the case has been remanded back to the same trial court to try again. I hope and pray things go better this time around.

• Pena — Appellant’s Brief



• Pena — Appellee’s Brief
http://www.blogcatalog.com/blog/trial-error

• Pena — Reply Brief
http://www.blogcatalog.com/blog/trial-error

• Pena v. Smith — Court’s Opinion
http://www.blogcatalog.com/blog/trial-error