62nd judicial district court hopkins county

She contends the absence of the complainant deprived her of the opportunity to cross-examine the person who made the allegations against her. The docket sheet noted that a nunc pro tunc judgment had been entered, and Daniels attempted to introduce that nunc pro tunc judgment into evidence. In addition, all derogatory credit information regarding this account will reflect the account to be settled. District Court Docket - hopkins.easydocs.us See full search documentation. 1996). The nunc pro tunc judgment explained and corrected the conflict in the original judgment. 1986). App.Houston [14th Dist.] 1971); Knox v. Long, 152 Tex. 2, subtit. P. 4.3, a judgment nunc pro tunc entered after expiration of plenary power operates to restart the appellate timetable, but only with respect to any complaint that would not be applicable to the original judgment. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. Thus, "a person to whom a fiduciary duty is owed is relieved of the responsibility of diligent inquiry into the fiduciary's conduct, so long as the relationship exists." As to each of these theories, we must determine whether Friddle raised any issues of material fact and whether the Fishers were entitled to judgment as a matter of law. JP #1; JP #2; JP Forms and Fees; Sheriff; HR/Court Administration. The extent of the duty held by the Fishers to notify the holders of the NPRIs is not quite as clear as the obligation imposed on them concerning royalties paid to them to which they had no entitlementroyalties to which Friddle could have laid claim if he had been aware of the situation. The question in this case is whether the offer provided that it could be accepted only by tendering the full payment on or before June 30, 2003. Rm 203 Tyler, 75702-7236 tcockrum@smith-county.com (903)590-1643: 10: District: 321st District . Id. 1997, no writ). (4) While Daimler and Commercial could have included a specific manner of acceptance in the offer, the plain language of the offer does not contain any such requirement. S.V., 933 S.W.2d at 8. 1997). The admission or exclusion of evidence is a matter within the sound discretion of the trial court. App.Texarkana 2011, no pet.) App.Texarkana, A nunc pro tunc judgment allows the trial court to correct clerical errors in the judgment after the court's, Full title:Rowena Jenkins DANIELS, Appellant, v. COMMISSION FOR LAWYER DISCIPLINE, Court:Court of Appeals of Texas, Sixth District, Texarkana, reciting rule that a nunc pro tunc judgment relates back to the date of original judgment. A trial court abuses its discretion when it acts without regard for any guiding rules or principles. The Hopkins County Offices will be closed Monday, May 29, 2023 in observance of Memorial Day. 2002); Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217, 223 (Tex. The judgment provided that the first thirty days were active suspension from the practice of law and the remaining thirty-five months were probated. . During that time period, no payments were made to Andretta by either Superior or the Wests. Share this page on your favorite Social network. The Dallas Court of Appeals found that the 134th Judicial District Court had corrected a clerical error. We note that, in Padilla, the Texas Supreme Court held a Rule 11 agreement, which specified payment must be made by a certain date and time, was "clear that the offer could only be accepted by payment of the money by a specific deadline." Hopkins County, Texas On September 20, 2001, the 134th Judicial District Court of Dallas County granted the motion to revoke and ordered that Daniels be actively suspended from the practice of law for three years for violating the terms and conditions of the March 2, 2001, judgment. P. 306a(6) and 329b(h), and TEX.R.APP. 8th Judicial District; 62nd Judicial District; District Attorney; District Clerk. at 641. The act effectively informed Daimler and Commercial that the offer had been accepted and was within the time specified for acceptance of the offer. | Link Errors 1993). "Where terms are not defined in agreements, we will use the plain, ordinary and generally accepted meaning attributed to the term or word." Co. v. Muncy, 449 S.W.2d 312, 315 (Tex.Civ.App.-Tyler 1969, writ ref'd n.r.e.). does not alone justify the abatement or dismissal of the action." 16.003, TEX. How to find us. In explaining why the discovery rule applies to breach of fiduciary duty, the Texas Supreme Court noted that "a person to whom a fiduciary duty is owed is either unable to inquire into the fiduciary's actions or unaware of the need to do so." Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 11 > Chapter 1 - General Provisions, U.S. Code > Title 11 > Chapter 15 - Ancillary and Other Cross-Border Cases, U.S. Code > Title 11 > Chapter 3 - Case Administration, U.S. Code > Title 11 > Chapter 5 - Creditors, the Debtor, and the Estate, U.S. Code > Title 11 > Chapter 9 - Adjustment of Debts of a Municipality, California Codes > Code of Civil Procedure > Part 1 - Of Courts of Justice, California Codes > Government Code > Title 8 - The Organization and Government of Courts, Florida Statutes 27.0055 - Official court reporters, Florida Statutes 27.0061 - Transcripts in criminal cases, Florida Statutes 27.0065 - Witness coordination, Florida Statutes > Chapter 25 - Supreme Court, Florida Statutes > Chapter 26 - Circuit Courts, Illinois Compiled Statutes > Rights And Remedies, Texas Government Code > Title 2 - Judicial Branch, Texas Vernon's Civil Statutes > Title 44 - Courts--Commissioners. The determining factor in deciding whether the effect of an amended judgment is to vacate or merely amend the prior judgment is the change made. Daniels therefore did not show that the exclusion of the nunc pro tunc judgment probably resulted in an improper judgment. & REM. 62ND DISTRICT COURT EMERGENCY STANDING ORDER. PRAC. Id. Friddle's case against Valence was severed from his case against the Fishers. The unresolved questions of fact here include whether the Fishers were aware of the identity and contact information regarding Friddle or regarding Robinson and Warde, his predecessors in title, as to a part of the NPRI now held by him. If the parties resolve all the motions pending prior to the scheduled hearing, the moving party should go online . TEX.R. . "[A] cause of action accrues and the statute of limitations begins to run when facts come into existence that authorize a party to seek a judicial remedy." District Court. Help support the publication of case reports on MoreLaw The court held the change was clerical and within the court's power to render outside its plenary power. State executives | The inability or failure to exercise this opportunity does not abate or preclude further proceedings." denied). See TEX.R. GOV'T CODE ANN., tit. CV36520B Before Morriss, C.J., Carter and Moseley, JJ. LOGIN. DISCIPLINARY R. PROF'L CONDUCT 1.01(b)(1), TEX. Int'l, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex. In his response, Friddle argued that the Fishers, as owners of executive rights, had a duty to inform him, as an NPRI owner, when they signed a lease authorizing pooling because it directly affected his rights. Judicial Complex; North Regional Courthouse; West Regional Courthouse; South Regional Courthouse; Courthouse Visits and Tours; Media Relations; Court Management System Help. Id. 2011, no pet.). It was, however, the true and correct final judgment of the court in suspending Daniels' law license. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to District Court Rule 2.14 may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a. Daniels also contends the trial court erred in excluding from evidence the November 15, 2002, nunc pro tunc judgment. G app. Andretta, 415 S.W.2d at 641-22. 1999). Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. This grievance was filed June 18, 2002; therefore, the former Section 81.072 applies to this case. Here, we are unable to determine whether the Fishers had a duty to provide notification to the NPRI holders of the existence of the lease, pooling agreement, and/or unit declaration, because there are unresolved issues of material fact. Although Friddle attached an uncertified copy of the unit declaration to his response to the Fishers' motion for summary judgment, it does not reflect the date it was placed of record and there is nothing in the record to establish that date. The facility was built in 1963 with a capacity for 100 detainees. A review of the entire record reveals that the error in excluding the nunc pro tunc judgment was harmless. The function of a summary judgment is not to deprive a litigant of the right to a full hearing on the merits of any real issue, but to eliminate patently unmeritorious claims and untenable defenses. District Clerk; . District Court. 1968), which is discussed below. Hopkins County 62nd Judicial District Court Records https://www.hopkinscountytx.org/page/hopkins.62ndjudicialdistrict View Hopkins County 62nd Judicial District court dockets by date, time, type, case number, litigants, attorney and bond agent. Texas State Website (www.texas.gov) Hopkins County Website (www.hopkinscountytx.org) Hopkins County 62nd Judicial District Court Records (www.hopkinscountytx.org) Hopkins County 8th Judicial District Court Records (www.hopkinscountytx.org) It is well established that acceptance may be shown by conduct. The motion further addresses the unjust enrichment claim in a quote from Grinnell v. Munson, noting that "[a]n element of unjust enrichment or self-dealing is common" to these cases. We therefore overrule Daniels' second point of error. "In most cases, a cause of action accrues when a wrongful act causes a legal injury, regardless of when the plaintiff learns of that injury or if all resulting damages have yet to occur." The judgment specifically set forth that the "period of active suspension shall begin on March 5, 2001, and shall continue through April 4, 2001.". US District Court for the Southern District of Texas, 28 U.S.C. The Dallas Court of Appeals dismissed Daniels' appeal, finding it lacked jurisdiction because she did not timely appeal from the court's original March 2, 2001, judgment or the September 20, 2001, judgment. Hopkins County Courthouse 118 Church St. Sulphur Springs, TX 75482. Andy Endsley Station 20 (Central Station . See TEX. Ballotpedia features 410,220 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. We also share information about your use of our site with our social media, advertising and analytics partners. See Hyde v. Hoerauf, 337 S.W.3d 431, 434 (Tex. Daimler and Commercial argue the June 5, 2003, offer provided specific means by which Horton could accept the offer--making full payment by a date certain. Judge Clay Harrison. In addition, the Texas Rules of Disciplinary Procedure established by the Texas Supreme Court do not require the presence of the complainant at any of the hearings or trials provided for under those rules. If a written instrument's text can be given a definite legal meaning, it is not ambiguous (2) and must be construed as a matter of law. App.--Dallas 2003, pet. The court found that Daniels had, among other things, engaged in the practice of law during a time when her right to practice had been suspended.
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