Legal Opinion

Amelia v. Kelly v. Matthew D. Wiggins, Jr. and D.L. Hammaker

Court of Appeals of Texas

Decided May 7, 2015No. 14-14-00605-CVPublishedCited by 8 opinions

1Opinion of the Court

OPINION

Sharon McCally, Justice

This is an appeal from a 2014 order of judicial foreclosure in favor of Matthew D. Wiggins, Jr. The trial court signed the order when it granted Wiggins’s motion to enforce a 2012 final judgment on a jury verdict and the lien created in Wiggins’s favor by such judgment. In six issues, Amelia V. Kelly urges the following:(1) Is the Order of Judicial Sale void because the trial court no longer had jurisdiction to materially change its final judgment by ordering foreclosure upon Ms. Kelly’s homestead?(2) By failing to conduct a trial on the merits, or even an…

2Cases cited12 opinions

  1. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  2. Bally Total Fitness Corp. v. JacksonTexas Supreme Court · 2001
  3. Wagner v. WarnaschTexas Supreme Court · 1956
  4. Gevinson v. Manhattan Construction Co. of OklahomaTexas Supreme Court · 1969
  5. Custom Corporates, Inc. v. Security Storage, Inc., Texas Court of Appeals, 14th District (Houston)2006

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Lee Nick McFadin III v. Broadway Coffeehouse, LLC and Marcus Rogers, as Trustee for the Saks Children Trusts A/K/A ATFL&L, a Texas Trust, Texas Court of Appeals, 4th District (San Antonio)2016
  2. Amelia v. Kelly v. Matthew D. Wiggins, Jr. and D. L. Hammaker, Texas Court of Appeals, 14th District (Houston)2018
  3. Brian Thomas DeMarco v. RECT, LLC, Texas Court of Appeals, 3rd District (Austin)2024
  4. Curtis Capps v. the Known and Unknown Heirs of Priscilla Foster, Texas Court of Appeals, 10th District (Waco)2019
  5. John E. Vogt and Nelda L. Vogt v. Marin Real Estate Partners, Texas Court of Appeals, 4th District (San Antonio)2015

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API