(Download) "Robert W. Traweek v. Betsy Larkin" by Tyler the Twelfth Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Robert W. Traweek v. Betsy Larkin
- Author : Tyler the Twelfth Court of Appeals
- Release Date : January 30, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Robert Traweek, plaintiff/appellant, appeals from a take-nothing judgment entered in favor of Betsy Larkin, defendant/appellee, in a negligence suit that was tried without a jury. Traweek sued Betsy Larkin, the former wife of T.W. Larkin, to recover damages that he sustained in 1978 as a result of being shot by T.W. Larkin. Traweek, acting through a next friend, recovered a $350,000 judgment against T.W. Larkin in 1980 based on negligence, but Betsy Larkin, who was then married to T.W. Larkin, was not made a defendant in the prior suit. Apparently that judgment remains unsatisfied. Traweek was thirteen at the time of his injury. Upon attaining his majority he instituted the present suit, contending that Betsy Larkin was jointly and severally liable for the $350,000 judgment, even though she was not a defendant in the prior suit under the principles of collateral estoppel, agency, joint enterprise and civil conspiracy. Following a non-jury trial, the court entered judgment that Traweek take nothing against Betsy Larkin. The court also entered findings of fact and conclusions of law. Traweek contends in his first three points that the issues determined in the prior suit against T.W. Larkin are binding upon Betsy Larkin in the present suit through the application of collateral estoppel. In points four through twenty, he claims that the evidence was insufficient to support the findings of fact. He argues in point twenty-one that the court erred when it entered the findings and conclusions without giving him a copy of the findings and conclusions or notifying him that they had been entered so that he could timely request additional or amended findings under Rule 298. Tex. R. Civ. P. 298. We affirm.
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