Texas Supreme Court denies Nate Paul appeal against Mitte foundation

Editor’s Note: The video above shows KXAN Live’s top headlines for July 28, 2023

AUSTIN (KXAN) – The Texas Supreme Court denied an appeal on Friday by indicted real estate developer Nate Paul to reverse a judgment against him worth millions of dollars in his case opposing the Mitte charitable foundation. The clash mired both sides in a protracted legal battle and roped Paul into allegations against impeached and suspended Attorney General Ken Paxton.

The Roy F. and Joann Cole Mitte Foundation invested millions in Paul’s World Class companies in 2011. Following a dispute over access to World Class’s financial records and getting their money back, the Mitte Foundation sued Paul’s companies in 2018. In July 2019, the parties reached a settlement agreement to have World Class buy Mitte’s interest in the companies for $10.5 million, according to court records.


EXPLORE: Who is Nate Paul — the Austin real estate investor charged with 8 federal counts

Within days of that agreement, the FBI raided Paul’s headquarters, and the agreement collapsed. That federal investigation, which is unrelated to the Mitte lawsuit, led to Paul’s indictment in June 2023 on eight counts of making false statements and reports to lending institutions while seeking over $172 million in loans, according to federal records. Paul has pleaded not guilty to all counts, and a trial is set for July 2024.

In February 2021, an arbitrator sided with the Mitte Foundation on its claims of breach of contract and breach of fiduciary duty and awarded Mitte over $1.9 million in damages. The arbitrator also ordered World Class to terminate the limited partnership companies involved in the case, sell their properties and “directed that Mitte receive its pro-rated share of the profits,” according to a memorandum opinion from the Texas Third District Court of Appeals.

Paul fought the judgment and awards in the case, on various grounds.

Paul later appealed the case to the Texas Supreme Court. Friday’s decision will put an end to the case, said Mitte Foundation attorney Ray Chester with McGinnis Lochridge.

“The Texas Supreme Court, in today’s ruling, put an end to the frivolous appeals of Mr. Nate Paul and the thirteen different law firms he has employed,” Chester said in a statement. “Our arbitration judgment against Mr. Paul personally is affirmed, and the receiver can now proceed to close the sales of the partnership properties which will result in a significant additional recovery for our client, the Roy F. and Joann Cole Mitte Foundation. This will allow the Mitte Foundation to continue and expand their tireless philanthropic efforts.”

KXAN has reached out to Paul’s attorneys. This story will be updated when we receive a response.

Left to Right: Nate Paul (ABJ Photo), Texas AG Ken Paxton

Ties to Paxton

The case between Paul and the Mitte Foundation would have likely remained an obscure and little-noticed commercial dispute were it not for the involvement of Paxton – who was impeached, in part, for his alleged intervention in the case.

Paxton is accused of using his power to assist Paul and his companies, rather than the charitable foundation, according to the articles of impeachment.


Ken Paxton will not testify at impeachment trial, defense attorney says

Paxton has denounced the impeachment and accusations against him. The impeachment trial will take place in the state senate in September.

 

Editor’s Note: The video above shows KXAN Live’s top headlines for July 28, 2023

AUSTIN (KXAN) – The Texas Supreme Court denied an appeal on Friday by indicted real estate developer Nate Paul to reverse a judgment against him worth millions of dollars in his case opposing the Mitte charitable foundation. The clash mired both sides in a protracted legal battle and roped Paul into allegations against impeached and suspended Attorney General Ken Paxton.

The Roy F. and Joann Cole Mitte Foundation invested millions in Paul’s World Class companies in 2011. Following a dispute over access to World Class’s financial records and getting their money back, the Mitte Foundation sued Paul’s companies in 2018. In July 2019, the parties reached a settlement agreement to have World Class buy Mitte’s interest in the companies for $10.5 million, according to court records.


EXPLORE: Who is Nate Paul — the Austin real estate investor charged with 8 federal counts

Within days of that agreement, the FBI raided Paul’s headquarters, and the agreement collapsed. That federal investigation, which is unrelated to the Mitte lawsuit, led to Paul’s indictment in June 2023 on eight counts of making false statements and reports to lending institutions while seeking over $172 million in loans, according to federal records. Paul has pleaded not guilty to all counts, and a trial is set for July 2024.

In February 2021, an arbitrator sided with the Mitte Foundation on its claims of breach of contract and breach of fiduciary duty and awarded Mitte over $1.9 million in damages. The arbitrator also ordered World Class to terminate the limited partnership companies involved in the case, sell their properties and “directed that Mitte receive its pro-rated share of the profits,” according to a memorandum opinion from the Texas Third District Court of Appeals.

Paul fought the judgment and awards in the case, on various grounds.

Paul later appealed the case to the Texas Supreme Court. Friday’s decision will put an end to the case, said Mitte Foundation attorney Ray Chester with McGinnis Lochridge.

“The Texas Supreme Court, in today’s ruling, put an end to the frivolous appeals of Mr. Nate Paul and the thirteen different law firms he has employed,” Chester said in a statement. “Our arbitration judgment against Mr. Paul personally is affirmed, and the receiver can now proceed to close the sales of the partnership properties which will result in a significant additional recovery for our client, the Roy F. and Joann Cole Mitte Foundation. This will allow the Mitte Foundation to continue and expand their tireless philanthropic efforts.”

KXAN has reached out to Paul’s attorneys. This story will be updated when we receive a response.

Left to Right: Nate Paul (ABJ Photo), Texas AG Ken Paxton

Ties to Paxton

The case between Paul and the Mitte Foundation would have likely remained an obscure and little-noticed commercial dispute were it not for the involvement of Paxton – who was impeached, in part, for his alleged intervention in the case.

Paxton is accused of using his power to assist Paul and his companies, rather than the charitable foundation, according to the articles of impeachment.


Ken Paxton will not testify at impeachment trial, defense attorney says

Paxton has denounced the impeachment and accusations against him. The impeachment trial will take place in the state senate in September.