in Re the Estate of Jane R. Curtis

Court of Appeals of Texas

in Re the Estate of Jane R. Curtis

DecidedJune 3, 2015

Docket06-14-00037-CV

StatusPublished

This text of in Re the Estate of Jane R. Curtis (in Re the Estate of Jane R. Curtis) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in Re the Estate of Jane R. Curtis, (Tex. Ct. App. 2015).

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Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

In re: The Estate of Jane R. Curtis, Appeal from the County Court at Law of Deceased Lamar County, Texas (Tr. Ct. No. P-17320). Opinion delivered by Justice Burgess, Chief No. 06-14-00037-CV Justice Morriss and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find partial error in the judgment of the trial court below. We affirm the judgment of the trial court to the extent it concludes that the Estate recover actual damages from Jaeckle and Reunion Ranch, Inc., jointly and severally, in the sum of $43,828.10. We reverse the trial court’s judgment, in part, as it fails to grant recovery for the $35,000.00 debt, which was revived by acknowledgement four years before suit was filed. We render judgment that the estate recover against Jaeckle for the $35,000.00 debt, and we remand the case to the trial court for a determination of the total amount of damages the Estate is entitled to recover against Jaeckle, individually, on the $35,000.00 note. We further order that appellant, Robert Jaeckle, pay all costs of this appeal.

RENDERED JUNE 3, 2015 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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Court of Appeals Sixth Appellate District of Texas

JUDGMENT

In re: The Estate of Jane R. Curtis, Appeal from the County Court at Law of Deceased Lamar County, Texas (Tr. Ct. No. P-17320). Opinion delivered by Justice Burgess, Chief No. 06-14-00037-CV Justice Morriss and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find partial error in the judgment of the trial court below. We affirm the judgment of the trial court to the extent it concludes that the Estate recover actual damages from Jaeckle and Reunion Ranch, Inc., jointly and severally, in the sum of $43,828.10. We reverse the trial court’s judgment, in part, as it fails to grant recovery for the $35,000.00 debt, which was revived by acknowledgement four years before suit was filed. We render judgment that the estate recover against Jaeckle for the $35,000.00 debt, and we remand the case to the trial court for a determination of the total amount of damages the Estate is entitled to recover against Jaeckle, individually, on the $35,000.00 note. We further order that appellant, Robert Jaeckle, pay all costs of this appeal.

RENDERED JUNE 3, 2015 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk

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in Re the Estate of Jane R. Curtis, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-jane-r-curtis-texapp-2015.