31 results for 'judge:"Goldstein"'.
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J. Goldstein finds that the lower court properly denied the appellant's special appearance in this suit alleging breach of contract and fraudulent inducement in connection with an asset purchase agreement. The appellant, a Wisconsin resident, argues that he has "no meaningful contacts with Texas." However, the appellees' allegations regarding the potential acquisition sufficiently brought the nonresident within the state's long-arm statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: August 20, 2024, Case #: 05-22-01375-CV, Categories: Fraud, Jurisdiction, Contract
J. Goldstein finds that the lower court improperly denied the Texas Department of Transportation's dismissal motion in this lawsuit alleging breach of contract in connection with the relocation of a media company's billboards. The media company failed to establish the lower court's jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: August 13, 2024, Case #: 05-22-01273-CV, Categories: Real Estate, Jurisdiction
J. Goldstein finds that the lower court improperly entered a default judgment declaring the appellee company the owner of certain property. The appellant bank has shown error on the face of the record, as the appellee failed to "strictly comply with the rules for service of process on a financial institution or through the long-arm statute." Accordingly, the judgment is void, and the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: August 12, 2024, Case #: 05-23-00656-CV, Categories: Civil Procedure, Property, Jurisdiction
J. Goldstein finds that the lower court improperly dismissed the appellant's claims against a physician pursuant to Rule 91a, and improperly awarded the physician attorney fees. The court's review is limited to "the four corners of the live pleading," and it shows that the appellant's claims do have a basis in law and fact. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 16, 2024, Case #: 05-23-00835-CV, Categories: Civil Procedure, Medical Malpractice
J. Goldstein finds that the lower court properly denied the resident's motion for a new trial after the city was awarded a default judgment in this action involving the property conditions of an apartment complex. The resident knew summary judgment was pending and had remedies available. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 12, 2024, Case #: 05-23-00069-CV, Categories: Civil Procedure, Real Estate
J. Goldstein finds that the lower court properly entered a judgment civilly committing the appellant after a jury found him to be a sexually violent predator. The court concludes that the evidence sufficiently supports the ruling and notes that it is "constrained to follow Stoddard and the statutory construct of Chapter 841." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 3, 2024, Case #: 05-23-00797-CV, Categories: Evidence, Commitment
J. Goldstein finds that the lower court improperly approved a mediated settlement agreement and entered a final judgment in this case involving wrongful death and survival claims stemming from a car collision. The guardian ad litem exceeded her authority "by approving the settlement agreement and signing on behalf of the minor children." Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 24, 2024, Case #: 05-22-00203-CV, Categories: Family Law, Wrongful Death, Contract
J. Goldstein finds that the lower court properly terminated the mother’s parental rights. On appeal, the mother challenges the lower court’s jurisdiction to enter the order. However, the issues she presents were not jurisdictional, and she failed to properly preserve them for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 24, 2024, Case #: 05-23-01296-CV, Categories: Civil Procedure, Family Law, Jurisdiction
J. Goldstein finds, on rehearing, that the lower court properly compelled the parties to arbitration on the issue of damages in this contract dispute involving general contractor and landscaping services. The property owners fail to show that the company waived its right to arbitrate. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 24, 2024, Case #: 05-22-00802-CV, Categories: Arbitration, Contract
J. Goldstein finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after being adjudicated delinquent and allegedly committing “numerous infractions” while in custody. Appellant’s counsel indicated that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 9, 2024, Case #: 05-23-00951-CV, Categories: Civil Procedure, Juvenile Law
J. Goldstein finds that the lower court properly modified the juvenile's disposition after he was originally adjudicated delinquent and given "a four-year determinate sentence, probated for four years." Following a hearing, the lower court modified his disposition to commit him to the custody of the Texas Juvenile Justice Department. His appointed counsel now indicates that the appeal is without merit, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 4, 2024, Case #: 05-23-00479-CV, Categories: Juvenile Law
J. Goldstein finds that the lower court properly ruled for the appellee in this forcible detainer action. Contrary to the appellant's argument, the lower court did not err by denying his request to abate the proceeding. Also, the "title and possession issues were not inextricably intertwined." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 1, 2024, Case #: 05-23-00075-CV, Categories: Civil Procedure, Real Estate
J. Goldstein finds that the lower court properly terminated the mother's parental rights to the child and appointed the Texas Department of Family and Protective Services as managing conservator. Contrary to the mother's argument on appeal, the evidence sufficiently supports the endangerment finding under Subsection (D), as the mother has admitted to "a drinking problem." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: January 30, 2024, Case #: 05-23-00826-CV, Categories: Evidence, Family Law
J. Goldstein finds that the lower court improperly dismissed the appellant church's contract and fraud case for want of prosecution. The dismissal order indicated that "counsel failed to file a motion for continuance," but counsel was not notified that dismissal would result from not filing the motion. Also, the record lacks the "purported applicable local rules" that the appellees reference. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 14, 2023, Case #: 05-22-01232-CV, Categories: Civil Procedure, Due Process
J. Goldstein finds that the lower court properly confirmed an arbitration award and entered a final judgment awarding damages to the appellees. The appellant argues that the lower court lacked jurisdiction based on the appellee's failure to pay a filing fee. However, the fee for the underlying dispute had already been paid by the appellant, and there was no requirement "to pay an additional, jurisdictional fee." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 12, 2023, Case #: 05-22-01147-CV, Categories: Arbitration, Jurisdiction
J. Goldstein finds that the lower court properly compelled the parties to arbitration as to the issue of damages in this dispute over certain contractor and landscaping services provided. The appellant property owners argue that the appellee company waived arbitration, but the company's default does not serve "as a waiver of the right to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 8, 2023, Case #: 05-22-00802-CV, Categories: Arbitration, Contract
J. Goldstein finds that the lower court properly granted a temporary injunction against a church enjoining it from continuing with the construction of a building in a subdivision. The ruling was not an abuse of discretion, as the evidence sufficiently showed that the parties owned property in the subject subdivision and "that the properties in that subdivision were subject to the deed restrictions at issue." Further, the deed restriction indicates an intent for the subdivision to be a "uniformly residential development." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 5, 2023, Case #: 05-22-01092-CV, Categories: Civil Procedure, Real Estate
J. Goldstein finds that the lower court properly ruled in favor of the bank in this debt collection case. The customer contends that his due process rights were violated when he was given the wrong information about the trial setting by someone in the "administrative office," specifically when he was told that the trial was no longer scheduled for a certain date. However, he failed to preserve the issue for appellate review by raising it in the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: November 28, 2023, Case #: 05-22-00883-CV, Categories: Civil Procedure, Debt Collection, Due Process
J. Goldstein finds that the lower court improperly granted summary judgment to the bank on the trustee's claim for tortious interference with contract. The bank argued that the statements made by the bank president were true and that the truth represented "an absolute total defense" to the claim. However, there is no authority showing that "a Texas court recognized truth as a stand-alone affirmative defense to tortious interference with an existing contract." Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: October 9, 2023, Case #: 05-21-00878-CV, Categories: Trusts, Interference With Contract