(Download) "Rudisell v. Paquette" by Court of Appeals Second District of Texas Fort Worth ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rudisell v. Paquette
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 10, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal from an order granting sanctions against appellant, James Rudisell, and his attorney for filing an ex parte motion to vacate a writ of possession and failing to appear for a hearing on the motion. By a single point of error, appellant contends the trial court erred in granting sanctions against him under either Texas Rule of Civil Procedure 13 or chapter 10 of the Texas Civil Practice and Remedies Code because: (1) there is no evidence that the motion to vacate the writ of possession was "(a) groundless and brought in bad faith, or (b) groundless and brought for purposes of harassment;" (2) there is no evidence that he, individually, violated rule 13; (3) there is no evidence that the motion to vacate writ of possession violated chapter 10; (4) he was not given due and proper notice, and thus was denied his due process rights under Texas law; and (5) the sanctions order is deficient because it fails to state the specific reasons for the sanctions and does not contain any findings of fact or conclusions of law. We reverse and remand.