Second Court of Appeals | Case Summaries

Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of July 2, 2007

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions can be accessed by clicking the cause number then clicking View HTML Version of Opinion.

Hawkins v. Walker, No. 02-05-00387-CV (July 5, 2007) (Cayce, C.J., joined by Dauphinot and Walker, JJ.).: Held: The trial court improperly rendered judgment awarding the Walkers damages under property code section 202.004 based on the developer’s invalid revocation of homeowners’ association covenants, because the Walkers, as private landowners, are not entitled to relief under this statute.; The court of appeals has no jurisdiction over Appellants’ appeal from the denial of their motion to recuse the trial judge. The recusal motion pertains only to the trial judge’s conduct during a post-judgment supersedeas proceeding; therefore, the order denying the motion to recuse is not reviewable "on appeal from the final judgment" under Tex. R. Civ. P. 18a(f) because it had no effect on the trial court’s final judgment. Further, Appellants have not brought a complaint under Tex. R. App. P. 24.4 challenging the trial judge’s exercise of his discretion regarding the supersedeas issue.