Mintvest Capital, Ltd. v. Coinmint, LLC and Coinmint Living Trust

• Court: Court of Appeals of Texas
• Decided: March 18, 2024
• Docket: 14-22-00633-CV
• Status: Published

Opinion

Affirmed in Part and Reversed and Rendered in Part and Majority Opinion and Concurring and Dissenting Opinion filed March 12, 2024.

In The

Fourteenth Court of Appeals

NO. 14-22-00633-CV

MINTVEST CAPITAL, LTD., Appellant V. COINMINT, LLC AND COINMINT LIVING TRUST, Appellee

On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2021-50413

CONCURRING AND DISSSENTING OPINION

The majority identifies the issues on appeal as three points of error, functionally sustaining all three. I concur in this court’s judgment on that. The majority then affirms the remainder of the trial court’s judgment, which was never challenged on appeal. Absent fundamental error in the trial-court’s judgment, this court errs by sua sponte reviewing unchallenged portions of the trial-court’s judgment. I dissent to that error. As Chief Justice Calvert famously wrote, “A correct draft of a judgment to be included in an opinion which has been written with care should be the final challenge to the writing judge.” Robert W. Calvert, Appellate Court Judgments or Strange Things Happen on the Way to Judgment, 6 Tex. Tech L. Rev. 915, 925 (1975).

/s/ Charles A. Spain Justice

Panel consists of Justices Jewell, Spain, and Wilson (Spain, J., concurring and dissenting).