John P. DeGomez v. Ann Elizabeth Haworth

• Court: Court of Appeals of Texas
• Decided: June 28, 2024
• Docket: 03-23-00057-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JUNE 28, 2024

NO. 03-23-00057-CV

John P. DeGomez, Appellant

v.

Ann Elizabeth Haworth, Appellee

APPEAL FROM THE 335TH DISTRICT COURT OF LEE COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES KELLY AND THEOFANIS AFFIRMED IN PART; REVERSED AND REMANDED IN PART ON MOTION FOR REHEARING -- OPINION BY JUSTICE THEOFANIS

This is an appeal from the trial court’s order granting summary judgment and its three

post-judgment orders. The Court’s opinion and judgment dated March 28, 2024 are withdrawn.

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

error in the court’s order granting summary judgment. Therefore, the Court reverses the trial

court’s order granting summary judgment to the extent that it granted summary judgment on

DeGomez’s breach-of-contract claim concerning his loans and Haworth’s IOU. We affirm the

remainder of its order granting summary judgment, reverse the trial court’s post-judgment orders

without addressing their merits, and remand the case to the trial court for further proceedings. Each party shall bear their own costs relating to this appeal, both in this Court and in the

court below.