John Emmanuel d/b/a First Americo Auto Sale & Repair v. Abigail Izoukumor

Summary

The Texas Fourteenth Court of Appeals affirmed two trial-court judgments arising from a dispute over an $1,800 deposit for a Honda Accord and related vehicle-repair claims. The court held that the appellant failed to preserve his complaint concerning notice of summary judgment, failed to challenge all grounds supporting dismissal of his separate lawsuit, and could not invoke double jeopardy to halt the civil proceedings because double jeopardy applies only to criminal cases.

Holdings

1. Emmanuel failed to preserve a complaint concerning timely notice of the summary-judgment motion or hearing because he did not make the required written, supported objection and did not obtain a ruling; participation in the hearing and a post-hearing motion did not preserve the complaint.
2. Emmanuel presented nothing for appellate review because he did not raise his constitutional challenge to the damages and attorney's-fee awards in the trial court and obtain a ruling.
3. The dismissal of Emmanuel's claims was affirmed because he did not challenge every ground on which the trial court could have granted Izoukumor's Rule 91a motion.
4. Double jeopardy did not require abatement or suspension of the civil proceedings because the Double Jeopardy Clause applies only to criminal cases.

Questions Presented

1. Whether Emmanuel preserved a complaint that he lacked timely notice of Izoukumor's summary-judgment motion or hearing.
2. Whether the monetary awards for DTPA damages and attorney's fees violated the Eighth and Fourteenth Amendments or the Texas Constitution.
3. Whether the trial court erred by dismissing Emmanuel's claims under Texas Rule of Civil Procedure 91a when he failed to challenge every ground supporting dismissal.
4. Whether the civil proceedings should have been abated or suspended until related criminal theft charges were resolved based on double jeopardy.

Disposition

affirmed