Unintentional

In a fraudulent-lien case, the Fifth Court distinguished between different types of intent:

    EarnhartBuilt also makes a brief argument that the nearly three-month delay in removing the lien from the Property after Preferred received the October 13, 2022 email created a genuine issue of material fact as to whether Preferred had knowledge that the lien was fraudulent when filed.

    EarnhartBuilt relies heavily on authority, emphasizing that “intent is a fact question uniquely within the realm of the trier of fact because it so depends upon the
credibility of the witnesses and the weight to be given to their testimony.” Although intent may be inferred from a party’s subsequent acts, any inferences concerning Preferred’s intent from its three-month delay in releasing the lien, at most, relate to element 3 (an intent to cause financial injury) and not to element 1 (what Preferred knew at the time it filed the lien).

Earnhardbuilt LLC v. Preferred Materials, LLC, No. 05-24-00804-CV, Feb. 5, 2026 (citations omitted).