Recent Decisions from the Third Court of Appeals – Week of August 8, 2011

Edward Sanchez v. David B. Fiedler and Xuan S. Zhang a/k/a Sharon Zhang, Appeal from 428th District Court of Hays County

Edward Sanchez appealed from the sanctions order entered against him after he nonsuited his defamation claims against David B. Fiedler and Xuan S. Zhang a/k/a Sharon Zhang. Sanchez contended that: (1) appellees waived their right to sanctions by not seeking them before the nonsuit; (2) his pleadings were not sanctionable, and the court did not use a proper analysis or make proper findings to support a sanctions award; (3) the sanctions award was excessive; and (4) the sanctions award failed to allocate the amount of sanctions attributable to discrete sanctionable actions. Affirmed.   Read the entire opinion here.

Michael Warren v. Krystal Charlene Ulatoski,
Appeal from 146th District Court of Bell County

Appellant Michael Warren appealed from the trial court’s modification order giving appellee Krystal Charlene Ulatoski the right to designate the primary residence of their daughter, B.W. Because the evidence was legally insufficient to show a material and substantial change to the circumstances of B.W. or either of her parents, the trial court was reversed. Read the entire opinion here.

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