Paul Horta vs Whitton Family Funeral Service

24CV-03458 Paul Horta vs Whitton Family Funeral Service

Motion for New Trial

The motion for a new trial is DENIED.

After a thorough review of the record the court finds there was no irregularity in the proceedings, there was no error in law, Defendant’s motion for summary judgment was not procedurally defective, and the evidence was sufficient to support granting the motion for summary judgment.

The evidence supports the finding that the revocation by Mr. Juarez was valid, there was no requirement by Defendant to notify Plaintiff that Mr. Juarez had revoked the

relinquishment of rights, and there was no contract between Plaintiff and Defendant. In short, Defendant owed no duty to Plaintiff.

Accordingly, the motion for new trial is denied.

Motion to Set Aside and Vacate Judgment and Enter a Different Judgment

The motion to set aside and vacate judgment and enter a different judgment is DENIED.

After a thorough review of the record the court finds its judgment does not rest on erroneous legal premises, Defendant’s motion for summary judgment was not procedurally defective, and the evidence was sufficient to support granting the motion for summary judgment.

The evidence supports the finding that the revocation by Mr. Juarez was valid, there was no requirement by Defendant to notify Plaintiff that Mr. Juarez had revoked the relinquishment of rights, and there was no contract between Plaintiff and Defendant. In short, Defendant owed no duty to Plaintiff.

Accordingly, motion to set aside and vacate judgment and enter a different judgment is denied.