Trinity Towing, Inc. v. Rubio

Full title: TRINITY TOWING, INC., Appellant v. Joshua RUBIO, Appellee

Court: Court of Appeals of Texas, Fourth District, San Antonio

case: 04-23-00015-CV

Date published: Oct 18, 2023

Fact:

Trinity Towing, Inc. towed Joshua Rubio’s vehicle from an apartment complex parking lot, leading to a dispute over the probable cause for the tow. Rubio sought a hearing in Bexar County Justice Court, which resulted in a judgment finding probable cause for the tow and requiring Rubio to pay towing and storage fees.

Issue:

The issue is whether there is an error apparent on the face of the record regarding the judgment awarded by the Bexar County Court at Law Number 3, specifically concerning the unliquidated damages awarded to Rubio, notably for emotional pain and suffering.

Decision:

The decision is to reverse the county court’s judgment due to error apparent on the face of the record. The judgment included unliquidated damages for emotional pain and suffering without supporting pleadings or evidence, and no record was made of the evidentiary hearing that resulted in the judgment. The case is remanded for further proceedings.

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