No refusing, no converting.

Originally published by David Coale.

The plaintiffs in Sky Group LLC v. Vega Street I, LLC sued for conversion, and showed in their motion for summary judgment that they “contracted with Sky Group for property management services and, in the course of those services, Sky Group acquired possession of funds, documents, and keys belonging to [them]. After [they] terminated the contract, they demanded the return of the property, but the property was not returned.” Unfortunately, however, “[t]he mere failure by the defendant to deliver the property after a demand is generally not sufficient to prove an affirmative refusal. To be liable for conversion, a person must intend to assert some right in the property.” (citations omitted). The Fifth Court thus reversed summary judgment on this claim, along with several other related business tort claims. No. 05-17-00161-CV (March 5, 2018) (mem. op.)

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