Cases over Windcrest land deal plod on

The cloud computing company has accused Cain and others of taking money from an account funded by the company for the city of Windcrest to use for infrastructure improvements around the company's headquarters in the former Windsor Park Mall.

"We'll vigorously contest any furthermore delay," Snell said. "Rackspace wants it over with. We want a resolution. We want to move on with our business."

Besides Gary Cain, Rackspace sued his business partner, Louisiana-based Buddin Properties LLC and principal Michael White, saying they knew about the alleged fraud.