Skip to main content
· 2/1/2001

Novosad v. Cunningham

Citations

  • 38 S.W.3d 767
  • 2001 Tex. App. LEXIS 659
  • 2001 WL 82899

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding an original invoice attached to a verified petition supports a finding that the amount owed under the invoice for professional services is a liquidated claim
  • “Cunningham’s liquidated damages were properly proved to the trial court by Cunningham’s written instruments and by Novosad’s admission [by default] of the material facts in Cunningham’s original petition.”
  • automatic bankruptcy stay ordinarily does not extend to actions against parties other than debtor, including guarantors
  • “A claim is liquidated if the amount of damages can be accurately calculated by the court from the factual, as opposed to the conclusory, allegations in the petition and an instrument in writing.”
  • A Cunningham = s liquidated damages were properly proved to the trial court by Cunningham = s written instruments and by Novosad = s admission [by default] of the material facts in Cunningham = s original petition. @

Source: CourtListener parenthetical corpus (CC0).

Judges: Ross A. Sears

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.