Cano v. Walker

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Cano v. Walker

Case Number
Call Date
May 26, 2017
Case Time
8:30 AM
Court Number
Case Location
Case Summary

A-16-634, Eric Cano (appellee) v. Michael Walker (appellant) and Billy E. Claborn

Douglas County, Hon. Shelly R. Stratman.

Attorneys: Larry R. Foreman (Hillman, Forman, Childers & McCormack) (appellee); Warren R. Whitted, Jr. and Keith A. Harvat (Houghton Bradford Whitted, PC, LLO) (appellant)

Civil: breach of contract

Proceedings below:  Eric Cano brought this breach of contract action against Michael Walker and Billy E. Claborn. In November 2013, the district court granted Cano’s motion for summary judgment and entered judgment against Walker and Claborn in the amount of $299,500 plus interest. In May 2016, the district court subsequently granted Walker’s motion and reduced the judgment entered in the November 2013 order by $40,000. Walker appeals.             

Issues: Walker claims the district court erred when it (1) determined the undisclosed stipulation between Cano and Claborn did not also release Walker on the judgment against them, (2) determined that the satisfaction did not completely satisfy the judgment entered against both Walker and Claborn, (3) determined that the district court had the inherent power to dismiss and cancel a portion of the November 2013 order, (4) determined that it had the inherent power to recalculate interest on the judgment entered in the November 2013 order, and (5) failed to discharge the November 2013 judgment and cancel it of record.



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