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eBook details

• Title: Abercia v. Kingvision Pay-Per-View
• Author : Virginia Supreme Court
• Release Date : January 15, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Appellants/Cross-Appellees Constable Jack F. Abercia and Old Republic Surety Company (collectively, "Appellants") appeal the trial courts Final Order Granting Motion to Recover Full Amount of Judgment in favor of Appellee/Cross-Appellant Kingvision Pay-Per-View, Ltd. ("Kingvision"), in which the trial court found Appellants jointly and severally liable for damages for failure to levy on the writ of execution issued on a default judgment pursuant to Section 34.065 of the Texas Civil Practice & Remedies Code and also fined Constable Abercia for contempt pursuant to Tex.Loc.Govt Code Ann. § 86.024. Appellants bring six issues on appeal, in which they challenge the trial courts jurisdiction and the legal and factual sufficiency of the trial courts findings that they violated Sections 34.064 and 34.065 of the Texas Civil Practice & Remedies Code and Section 86.024 of the Local Government Code. Appellants also argue Constable Abercia proved, as a matter of law, that he was entitled to good faith immunity under Tex.Civ.Prac.& Rem.Code Ann. § 7.003 and to judicial immunity under common law and that, as a matter of law, Old Republic Surety Company ("Old Republic Surety") was not jointly and severally responsible for the judgment beyond the penal sum of the bond. By cross-appeal, Kingvision asserts that the trial courts September 8, 2004 order is the valid order, not its January 14, 2005 order, which is the subject of this appeal. Kingvision also argues the trial court erred by awarding it less than the full amount of the underlying judgment debt.

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