Mintvest Capital, Ltd. v. Coinmint, LLC and Coinmint Living Trust

Affirmed in Part and Reversed and Rendered in Part and Majority Opinion
and Concurring and Dissenting Opinion filed March 12, 2024.

In The

Fourteenth Court of Appeals

NO. 14-22-00633-CV

MINTVEST CAPITAL, LTD., Appellant
V.
COINMINT, LLC AND COINMINT LIVING TRUST, Appellee

On Appeal from the 133rd District Court
Harris County, Texas
Trial Court Cause No. 2021-50413

CONCURRING AND DISSSENTING OPINION

The majority identifies the issues on appeal as three points of error,
functionally sustaining all three. I concur in this court’s judgment on that. The
majority then affirms the remainder of the trial court’s judgment, which was never
challenged on appeal. Absent fundamental error in the trial-court’s judgment, this
court errs by sua sponte reviewing unchallenged portions of the trial-court’s
judgment. I dissent to that error.
As Chief Justice Calvert famously wrote, “A correct draft of a judgment to
be included in an opinion which has been written with care should be the final
challenge to the writing judge.” Robert W. Calvert, Appellate Court Judgments or
Strange Things Happen on the Way to Judgment, 6 Tex. Tech L. Rev. 915, 925
(1975).

/s/ Charles A. Spain
Justice

Panel consists of Justices Jewell, Spain, and Wilson (Spain, J., concurring and
dissenting).

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