Arturo Flores, Appellants v. Millennium Interests, Ltd., Appellees

Summary

The Texas Supreme Court answered the Fifth Circuit's certified questions by holding that a timely annual statement that omits required information does not trigger the liquidated damages provision of Tex. Prop. Code §5.077(c), and that purchasers need not prove actual harm to recover such statutory damages. The Court therefore answered the first two questions "No" and declined to reach the third question. Justice Brister dissented, arguing the opposite, and Justice Wainwright filed a concurring opinion.