Jose Margarito Palacios// Rosa Barr, Ismael Samuel Palacios, Vicente Zenon Palacios, and Maria Andrea Morales v. Bonifacio Palacios, as Temporary Dependent Administrator of the Estate of Esequiel Palacios Esparza, Rosa Barr, Ismael Samuel Palacios, Vicente Zenon Palacios, and Maria Andrea Morales// Cross-Appellee, Jose Margarito Palacios

• Court: Court of Appeals of Texas
• Decided: April 17, 2024
• Docket: 03-23-00129-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 17, 2024

NO. 03-23-00129-CV

Appellant, Jose Margarito Palacios// Cross-Appellants, Rosa Barr, Ismael Samuel Palacios, Vicente Zenon Palacios, and Maria Andrea Morales

v.

Appellees, Bonifacio Palacios, as Temporary Dependent Administrator of the Estate of Esequiel Palacios Esparza, Rosa Barr, Ismael Samuel Palacios, Vicente Zenon Palacios, and Maria Andrea Morales// Cross-Appellee, Jose Margarito Palacios

APPEAL FROM 277TH DISTRICT COURT OF WILLIAMSON COUNTY BEFORE CHIEF JUSTICE BYRNE, JUSTICES KELLY AND THEOFANIS AFFIRMED IN PART; REVERSED AND RENDERED IN PART -- OPINION BY JUSTICE THEOFANIS

This is an appeal from the judgment signed by the trial court on February 24, 2023. Having

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

the trial court’s judgment in part. Therefore, the Court affirms the trial court’s final judgment to

the extent it ordered that Jose Margarito Palacios take nothing on his counterclaim for

declaratory judgment, and reverses the judgment as to Intervenors’ claim for unjust enrichment,

and renders judgment that Intervenors take nothing on this claim. Each party shall bear their

own costs relating to this appeal, both in this Court and in the court below.