26th Judicial District Court, Williamson County, Texas · Cause No. 25-0131-C26
Gregg Murphy and Dayla Murphy v. Liberty Hill Construction, LLC and Thomas McGrath
In short
Homeowners sued a builder for $1.4 million across eight causes of action. They were awarded nothing, judgment was rendered against them on the builder's counterclaim, and when they moved assets the day after judgment a receiver was appointed over their estate. They paid in full, with post-judgment interest, rather than surrender to him.
Role. Counsel for defendants Liberty Hill Construction, LLC and Thomas McGrath.
Fees. $45,777.31 in attorney's fees found reasonable and awarded.
What happened, in order
| Day one | Arbitration offered in writing, with an agreed order to abate already drafted. Refused. | ||
| Eleven months | Plaintiffs litigate the merits — pleadings, discovery, settings. | ||
| Late | Plaintiffs designate a construction expert after discovery has closed, a week before the summary judgment hearing. | ||
| January 21, 2026 | Plaintiffs move to compel arbitration. Heard with the summary judgment. | ||
| March 4, 2026 | Final Summary Judgment. Arbitration denied on waiver under Perry Homes. The Ramirez declaration struck as untimely under the mandatory exclusion requirement of Rule 193.6. The Murphy declaration struck — a homeowner cannot give competent evidence of construction defect without foundation. All documents attached to both declarations struck as unauthenticated hearsay. All eight causes of action dismissed with prejudice. Judgment for the defendants on the counterclaim of $28,338.90, plus $45,777.31 in attorney's fees found reasonable and awarded by the court. | ||
| March 5, 2026 | Judgment debtors execute intra-family warranty deeds on two properties — the day after judgment — and begin offering substantial personal property for sale online. | ||
| May 18, 2026 | Motion for new trial overruled by operation of law. No supersedeas bond posted. | ||
| May 27, 2026 | Turnover order, injunction and appointment of a post-judgment receiver under Tex. Civ. Prac. & Rem. Code § 31.002, with express authority over the transfers. | ||
| After | Judgment paid voluntarily and in full, with post-judgment interest. | ||
Order Granting Final Summary Judgment
Exhibit — as signed
Order Granting Final Summary Judgment
CAUSE NO. 25-0131-C26 GREGG MURPHY and DAYLA MURPHY, Plaintiffs v. LIBERTY HILL CONSTRUCTION, LLC and THOMAS MCGRATH, Defendants IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS 26th JUDICIAL DISTRICT ORDER GRANTING FINAL SUMMARY JUDGMENT On January 21, 2026, the Court heard Plaintiffs' motion to compel arbitration. The Court considered the Plaintiffs' motion and the attached declaration of Gregg Murphy in support. The Court also considered Liberty Hill Construction's ("LHC") response and the attached declaration of Thomas McGrath in support. The Court finds that Plaintiffs substantially invoked the judicial process to LHC's detriment and prejudice and have waived their right to arbitration. The Plaintiffs' motion to compel arbitration is DENIED. The Court also heard LHC's Objections to Plaintiffs' Summary Judgment Evidence. The Court SUSTAINS the objections and STRIKES all documents attached to the Gregg Murphy and Johnny Ramirez Declarations as unauthenticated hearsay. The Court also SUSTAINS the Defendants' objections to the Gregg Murphy Declaration. Gregg Murphy, as a homeowner, cannot provide competent summary judgment evidence concerning the alleged deficiencies in LHC's work and did not provide any foundation for the opinions. The Court also SUSTAINS Defendants' objection to the admission of the Johnny Ramirez Declaration in its entirety where it was untimely under the mandatory exclusion requirement of […] [Page 1 ends. Transcript continues on the following page of the order.]
Transcribed verbatim from the file-stamped copy. Public record. Reproduced because a result a reader can verify is worth more than a result described.
Order Granting Judgment Creditor Liberty Hill Construction, LLC's Application for Turnover Order and Appointment of Post-Judgment Receiver
Exhibit — as signed
Order Granting Judgment Creditor Liberty Hill Construction, LLC's Application for Turnover Order and Appointment of Post-Judgment Receiver
CAUSE NO. 25-0131-C26 GREGG MURPHY and DAYLA MURPHY, Plaintiffs v. LIBERTY HILL CONSTRUCTION, LLC and THOMAS MCGRATH, Defendants IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS 26th JUDICIAL DISTRICT ORDER GRANTING JUDGMENT CREDITOR LIBERTY HILL CONSTRUCTION, LLC'S APPLICATION FOR TURNOVER ORDER AND APPOINTMENT OF POST-JUDGMENT RECEIVER On this day came on for consideration the Application for Turnover Order and Appointment of Post-Judgment Receiver (the "Application") filed by Judgment Creditor Liberty Hill Construction, LLC ("LHC") against Judgment Debtors Gregg Murphy and Dayla Murphy (the "Judgment Debtors") under Texas Civil Practice and Remedies Code § 31.002. The Court considered the Application, the Declaration of Thomas McGrath, the exhibits attached thereto, the response (if any) of the Judgment Debtors, the arguments of counsel, and the pleadings and papers on file in this cause. FINDINGS The Court FINDS as follows: 1. On March 4, 2026, the Court signed a Final Summary Judgment in favor of LHC and against the Judgment Debtors (the "Judgment"). The Judgment is final, is not dormant, and is not superseded. The Judgment Debtors have not posted a supersedeas bond or made any deposit in lieu of bond. The Judgment Debtors' motion for new trial was overruled by operation of law on May 18, 2026. The Judgment remains wholly unsatisfied. 2. LHC is a judgment creditor; this Court is a court of appropriate jurisdiction; the relief sought is to obtain satisfaction of the Judgment; and the Judgment Debtors own nonexempt real and personal property, including the property identified in the Application and the Declaration of Thomas McGrath. 3. The Judgment Debtors are presently engaged in the dissipation of their estate, including by offering substantial personal property for sale on Facebook Marketplace under Gregg Murphy's name, by executing intra-family warranty deeds the day after the Judgment was signed, and by failing to respond in any manner to LHC's properly served post-judgment discovery. [Page 1 ends. Transcript continues on the following pages of the order.]
Transcribed verbatim from the file-stamped copy. Public record. Reproduced because a result a reader can verify is worth more than a result described.