3,457 results for 'cat:"Civil Procedure"'.
J. Benavides finds in this restricted appeal that the lower court properly awarded damages to the appellee company in a no-answer default judgment. The appellee company sufficiently alleged its claim for conversion of certain sale proceeds. Also, the award of unliquidated damages was sufficiently supported by an affidavit. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 23, 2024, Case #: 13-23-00563-CV, Categories: civil Procedure, Conversion
J. Pena finds that the lower court properly terminated the father's parental rights to his son. The father argues on appeal that the evidence does not sufficiently support a finding that termination was in the child's best interest. However, he failed to properly preserve the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 23, 2024, Case #: 13-24-00009-CV, Categories: civil Procedure, Family Law
J. Bailey finds that the lower court properly signed an agreed order in this suit affecting the parent-child relationship. The father argues that the lower court erred by signing the order without first considering the "changes in circumstances." However, the lower court did not err by denying the father's "attempt to prevent the entry of an order" setting out the terms of the parties' mediated settlement agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: May 23, 2024, Case #: 11-23-00100-CV, Categories: civil Procedure, Family Law
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J. Milazzo grants a request by a New Orleans businessman, disqualifying on legal ethical grounds, his business partner’s lawyer, a retired civil court judge who twice ran for mayor. Contrary to the sued businessman’s arguments, neither a formal engagement letter nor payment of fees are required to form an attorney-client relationship. All that is required is a client’s subjective, objectively reasonable belief the attorney represents him or her. Because the retired judge currently represents the litigant in a matter before the Civil District Court for the Parish of Orleans, and his representation of the sued businessman in this case would be directly adverse to the litigant, the former judge is disqualified as counsel.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: May 23, 2024, Case #: 2:24cv238, NOS: Negotiable Instrument - Contract, Categories: civil Procedure, Judiciary
J. Hall denies direct review of a bankruptcy court order because the ruling was based on facts to determine whether a transaction constituted a constructive fraudulent transfer that left the post-closing company insolvent, which did not present novel questions in fraudulent transfer law. The three questions at issue were not dispositive of the appeal because the reviewing court must first determine whether the bankruptcy court entered erroneous findings of fact.
Court: USDC Delaware, Judge: Hall, Filed On: May 23, 2024, Case #: 1:23cv799, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy, civil Procedure
J. Thompson finds in this amended opinion that the tax division improperly dismissed the homeowners' action challenging the validity of a certain assessment on their property. Specifically, the lower court erred in dismissing the case as untimely, "even though it was commenced considerably more than six months after the corrected special assessment was imposed." Accordingly, the case is remanded for further proceedings. Reversed.
Court: DC Court of Appeals, Judge: Thompson, Filed On: May 23, 2024, Case #: 22-TX-0762, Categories: civil Procedure, Real Estate, Tax
J. Douglas finds that the lower court improperly dismissed the appellants' complaint with prejudice. The record indicates that they failed to appear for a hearing in the personal property dispute, but the "circumstances do not support dismissal with prejudice." The appellants believed the proceeding would be conducted remotely, and they "were prepared to appear by phone." Accordingly, the matter is remanded for dismissal without prejudice. Vacated.
Court: Maine Supreme Court, Judge: Douglas, Filed On: May 23, 2024, Case #: 2024ME40, Categories: civil Procedure, Property
J. Wilson finds that the trial court improperly granted an association's motion to dismiss the builder's declaratory judgment suit in a dispute over enforcement of a deed restriction. The ruling erroneously determined that the suit has no basis in law and in fact. Reversed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 23, 2024, Case #: 14-22-00854-CV, Categories: civil Procedure, Property
J. Martinez finds that the trial court properly overruled a utility's demurrer to an inverse condemnation cause of action in coordinated proceedings stemming from the 2017 Thomas Fire. The appeals court is reluctant, but bound by the California Supreme Court's Norgart decision, to allow immediate appellate review of a stipulated judgment that came after the demurrer was overruled, but which included inverse condemnation damages for which the utility reserved the right to appeal. The master complaint sufficiently pleaded inverse condemnation, and the cause of action may be applied to both public and private entities involved in the design, construction and maintenance of public improvements. Affirmed.
Court: California Courts Of Appeal, Judge: Martinez, Filed On: May 23, 2024, Case #: B320948, Categories: civil Procedure, Property, Negligence
Per curiam, the appellate division finds that the lower court properly declined a request for recusal filed by former president Donald Trump with respect to a judge. The court had authority to implement docket management measures in the interests of judicial economy, and doing so did not prejudice Trump's ability to defend himself. There are also no grounds to exclude evidence on grounds of presidential immunity. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 23, 2024, Case #: 02873, Categories: civil Procedure, Immunity
J. Browning denies claimant a temporary restraining order even though FEMA's continued direct contact about settlement offers constitutes a concrete and particularized injury because claimants failed to exhaust administrative requirements and have not proven they will suffer irreparable harm. Meanwhile, the challenged actions fall under the agency's "daily operations," not final agency actions, and thus are not subject to review under the Administrative Procedure Act.
Court: USDC New Mexico, Judge: Browning, Filed On: May 23, 2024, Case #: 1:23cv941, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, civil Procedure, Environment
[Consolidated.] J. Palmer finds that the lower court properly granted insurance companies and a sales agent summary judgment because mailing several notices of nonrenewal to the address listed on the policy complied with notice requirements under Connecticut law, regardless of whether the policyholders ever saw the mailings, and the agent was not required to provide notice regarding nonrenewal because the parties' relationship ended upon procurement of the policy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Palmer, Filed On: May 23, 2024, Case #: AC45511, Categories: civil Procedure, Insurance, Contract
J. Miskel conditionally grants the relators' petition for a writ of mandamus, in which they challenge a temporary restraining order in the underlying proceeding "relating to the depopulation of a commercial deer breeding facility." The order was an abuse of discretion, in that it was issued "during the pendency of an interlocutory appeal" regarding jurisdiction.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 23, 2024, Case #: 05-24-00582-CV, Categories: civil Procedure, Jurisdiction
J. Riggs finds that the court of appeals properly granted a great aunt guardianship of three minor dependent children before the department of social services finished a home study concerning their grandmother in South Carolina because the court must get approval from the receiving state before approving placement. Affirmed.
Court: North Carolina Supreme Court, Judge: Riggs, Filed On: May 23, 2024, Case #: 212A23, Categories: civil Procedure, Family Law, Guardianship
Per curiam, the appellate division finds that the lower court properly found for a corporation sued for asbestos exposure in its counterclaim against the direct employer of the injured worker. The parties signed a contract with clear indemnification provisions that cannot be revisited on appeal. A party's right to contractual indemnification depends solely on the language of the contract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 22, 2024, Case #: 02792, Categories: civil Procedure, Asbestos
J. Marcel finds that the trial court's judgment denying an electrical company's motion to set aside judgment of abandonment is null and void because the notice sent to the electric company gave the wrong hearing date. Therefore, the electric company was not given due process. Reversed.
Court: Louisiana Court Of Appeal, Judge: Marcel, Filed On: May 22, 2024, Case #: 23-CA-437, Categories: civil Procedure, Contract
J. Pitman finds that the sheriff's exception of prescription was properly granted because the citizen filed his wrongful arrest petition in July 2015 that alleged his arrests for failure to register as a sex offender in September 2012 and January 2013 were unlawful. Since the arrests were quashed in February 2013, the citizen's cause of action prescribed in February 2014. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pitman, Filed On: May 22, 2024, Case #: 55,628-CA, Categories: civil Procedure, Contract, Police Misconduct