law-DJA | Uniform Declaratory Judgments Act (UDJA) | declaratory relief | determination of validity
Declaratory Judgment Cases & Caselaw
In his third issue, Elkins asserts the trial judge erred in failing to grant a declaratory judgment that Capital
One had violated the credit card agreement. There is no basis for declaratory relief when in the same action
a party seeks a different, enforceable remedy, and a judicial declaration would add nothing to what would be
implicit or express in a final judgment for the enforceable remedy. Universal Printing Co. v. Premier Vacation
Homes, Inc., 73 S.W.3d 283, 296 (Tex. App.-Houston [1st Dist.] 2001, pet. denied).
08-0230 RODNEY ELKINS v. CAPITAL ONE BANK AND CAPITAL ONE SERVICES, INC.; from Dallas County;
5th district (05-06-01539-CV, ___ SW3d ___, 01-29-08, pet. denied Jun 2008) (credit card debt suit, breach
of contract)
08-0466
SHARON SWANK BACKHUS, BENJAMIN F. SWANK, III, SHANNON LEA WERCHAN PICKERING, SWANK
TURNER BACKHUS, BENJAMIN FONTAINE SWANK, IV, CHRISTIAN HARRIS SWANK AND SUZANNE SWANK
PORTER v. HAVEN LYNN WERCHAN WISNOSKI AND SHANE ALAN WERCHAN; from Grimes County; 1st
district (01-07-00041-CV, ___ SW3d ___, 03-13-08)
Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008, pet. denied Aug 2008)(Nuchia)
(probate law, construction of will, real estate law, partition of land)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
This is an appeal from a declaratory judgment action. Appellants sought a judicial declaration that the
partition of certain lands inherited by life tenants, Sharon Swank Bacchus and Benjamin F. Swank, III ("B.
F."), was valid and binding on all parties.
RELEVANT RULES
Tex. Civ. Prac. & Rem. Code § 37.006(a) (providing that a declaratory judgment “does not prejudice the
rights of a person not a party to the proceeding”); see, e.g., Brooks v. Northglen Ass’n, 141 S.W.3d 158, 163
(Tex. 2004).