Sufficient Texas Connection

Out-of-state business dealings with effects in Texas present a continuing challenge in special-appearance proceedings. One set of such dealings resulted in reversal of the grant of a special appearance in Halperin v. Moreno:

“[T]his case involves more than the ‘the presence of property in a state.’ The deed of trust and the HELOC were between a Texas borrower (Moreno) and a lender and trustee (Waguespack) with—according to the documentation—a Texas-based mailing address. The HELOC set Texas as the place where the loan contract would be performed. The HELOC was secured by a house located in Texas, and the deed of trust is governed by Texas law. It is undisputed that the HELOC was assigned to MOR KM, which maintains its principal office and place of business in Texas. The HELOC note and the loan documentation evince a clear, specific intent by Waguespack to  purposefully direct conduct towards Texas for the benefit of her brother, a Texas resident.”

No. 05-21-00390-CV (March 9, 2022) (mem op.). See also MBM Family Trust No. 1. v. GE Oil & Gas, No. 05-20-01103-CV, 2021 WL 4236874 (Tex. App.—Dallas Sept. 17, 2021, no pet.) (mem. op.) (reaching similar conclusion about related transaction).