38 results for 'judge:"Jewell"'.
J. Jewell finds that the trial court partly erred in granting turnover relief and appointing a receiver to collect a judgment from the debtor who was involved in a pump-and-dump scheme. The turnover order should not apply to the debtor's car because it is exempt personal property or his interests in certain limited liability companies since turnover relief is not appropriate in this case. Also, evidence did not show that the 25% receiver's fee was reasonable. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 13, 2023, Case #: 14-22-00547-CV, Categories: Civil Procedure, Debt Collection, Evidence
J. Jewell finds that the trial court improperly ruled in favor of the lot buyers on their intentional infliction of emotional distress claim against a home builder who allegedly threatened to "ruin their lives" when they decided not to hire him. The evidence did not show the builder's conduct to be "extreme and outrageous" since his verbal confrontation with the buyers only lasted five minutes. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 6, 2023, Case #: 14-22-00433-CV, Categories: Evidence, Property, Emotional Distress
J. Jewell finds that the trial court improperly denied the owner's motion to compel arbitration of a contractor's breach of contract suit. The contractor did not show the owner waived its right to arbitrate the dispute "by substantially invoking the judicial process." Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 6, 2023, Case #: 14-22-00499-CV, Categories: Arbitration, Contract
J. Jewell finds that the trial court properly granted a temporary injunction to prevent a property owner and his entities from transferring assets relating to a security guard's personal injury suit after he was shot by an assailant at an apartment complex. The security guard is a creditor under the Texas Uniform Fraudulent Transfer Act based on his claim for damages, and there is evidence indicating the "badges of fraud." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 29, 2023, Case #: 14-22-00505-CV, Categories: Fraud, Negligence, Injunction
J. Jewell finds, in an auto accident case, that the county was immune from the claims against it except for the accused driver's counterclaim for damages, to the extent that it offsets the county's recovery on its claim against him. Immunity applies to the intervening parties’ claims, and there was no waiver of immunity since the deputy acted in good faith in making the u-turn that led to the crash. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: June 1, 2023, Case #: 14-22-00367-CV, Categories: Immunity, Damages, Negligence
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J. Jewell finds that the trial court properly granted the village's plea to the jurisdiction and dismissed a negligence suit against it stemming from an auto accident caused by its employee. There was no waiver of governmental immunity since the evidence shows the employee was running a personal errand at the time of the incident and was not in the course and scope of his employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 16, 2023, Case #: 14-22-00085-CV, Categories: Immunity, Negligence, Jurisdiction