[DOWNLOAD] "Mattly v. Spiegel" by Court of Appeals Second District of Texas Fort Worth " Book PDF Kindle ePub Free
eBook details
- Title: Mattly v. Spiegel
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 08, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Diane S. Mattly and David Vallance appeal from a sanctions order awarding Spiegel, Inc. and First Consumers National Bank (FCNB) a judgment of $5,000.00, plus interest and taxable court costs. In five points of error, Mattly and Vallance complain of the following: (1) the trial court lacked plenary jurisdiction to enter the sanctions award; (2) the sanctions order was not sufficiently specific; (3) Mattly and Vallance did not bring the claim in bad faith; and (4) Mattlys claim was not groundless. Spiegel and FCNB filed an appeal as well, complaining that the amount of sanctions awarded was so low that it was unjust and against the great weight and preponderance of the evidence. We find that the trial court abused its discretion (1) when it entered a sanctions order that was not sufficiently specific, and (2) when it found that Mattly and Vallance brought this claim in bad faith. Consequently, we reverse the judgment of the trial court and render judgment that appellees take nothing in their counterclaim for sanctions.