Christopher F. Bertucci, as of the Estate of Anthony R. Bertucci, and Derivatively on Behalf of American Affordable Homes & Properties, Inc. American Affordable Homes, LP Town Vista Development, LLC Town Vista Terrace, Inc. And MidCrowne Senior SLP, LLC// Eugene L. Watkins, Jr. v. Eugene L. Watkins, Jr.// Cross-Appellee, Christopher F. Bertucci, as of the Estate of Anthony R. Bertucci, and Derivatively on Behalf of American Affordable Homes & Properties, Inc. American Affordable Homes, LP Town V

       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN


                      JUDGMENT RENDERED DECEMBER 30, 2022



                                     NO. 03-20-00058-CV


  Appellant, Christopher F. Bertucci, as Executor of The Estate of Anthony R. Bertucci,
 Deceased, and derivatively on behalf of American Affordable Homes & Properties, Inc.;
 American Affordable Homes, LP; Town Vista Development, LLC; Town Vista Terrace,
   Inc.; and MidCrowne Senior SLP, LLC// Cross-Appellant, Eugene L. Watkins, Jr.

                                                v.

Appellee, Eugene L. Watkins, Jr.// Cross-Appellee, Christopher F. Bertucci, as Executor of
  The Estate of Anthony R. Bertucci, Deceased, and derivatively on behalf of American
  Affordable Homes & Properties, Inc.; American Affordable Homes, LP; Town Vista
   Development, LLC; Town Vista Terrace, Inc.; and MidCrowne Senior SLP, LLC




      APPEAL FROM THE PROBATE COURT NO. 1 OF TRAVIS COUNTY
       BEFORE CHIEF JUSTICE BYRNE, JUSTICES GOODWIN, BAKER,
                     TRIANA, KELLY AND SMITH
        AFFIRMED IN PART, REVERSED IN PART AND REMANDED –
OPINION BY CHIEF JUSTICE BYRNE, JUSTICES GOODWIN, BAKER AND SMITH
 CONCURRING AND DISSENTING OPINION BY JUSTICES TRIANA AND KELLY


This is an appeal from the judgment signed by the trial court on November 22, 2019. Having

reviewed the record and the parties’ arguments, the Court holds that there was reversible error in

the court’s judgment.    The Court affirms the take-nothing judgment rendered on Executor

Christopher Bertucci’s breach-of-contract claim and on the derivative claims brought on behalf

of American Affordable Homes & Properties, Inc.; American Affordable Homes, LP; Town

Vista Development, LLC; Town Vista Terrace, Inc.; and MidCrowne Senior SLP, LLC. The
Court otherwise reverses the trial court’s judgment and remands the case to the trial court for

further proceedings consistent with the Court’s opinion. Each party shall bear its own costs

relating to this appeal, both in this Court and in the court below.