187 results for 'cat:"Civil Procedure" AND cat:"Jurisdiction"'.
[Consolidated.] J. Silva finds that the lower court improperly granted the appellees' pleas to the jurisdiction in these declaratory judgment cases alleging that certain statutes violate the Texas Constitution's Open Beaches Amendment. The court concludes that the appellants had standing to bring suit and "that immunity was waived for each appellee." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 1, 2024, Case #: 13-22-00358-CV, Categories: civil Procedure, Constitution, jurisdiction
J. Grove finds the marijuana business seller's appeal must be dismissed for lack of jurisdiction. The three issues presented, including judgment for the buyer, attorney fees and discovery sanctions, were decided months before the trial court entered the final judgment upon which the seller based its arguments and, therefore, the appeal is untimely.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: January 25, 2024, Case #: 2024COA10, Categories: civil Procedure, jurisdiction, Contract
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J. Gomez finds the former estate administrator's appeal must be dismissed for lack of jurisdiction because he failed to file the appeal within the state's 49-day appeal deadline. Although he requested an extension of the deadline to file post-trial motions, such a request does not toll the deadline for appeals of a magistrate's decision, which rendered the appeal late by more than two months.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: January 4, 2024, Case #: 2024COA3, Categories: civil Procedure, Wills / Probate, jurisdiction
J. Nalbandian finds the lower court properly determined the marijuana retailer's motion to intervene was mooted by a settlement between the city and another retailer. The order of dismissal entered by the court was final and it retained jurisdiction only to enforce the settlement, which did not involve the marijuana retailer. Affirmed.
Court: 6th Circuit, Judge: Nalbandian, Filed On: January 4, 2024, Case #: 23-1262, Categories: civil Procedure, Settlements, jurisdiction
J. Partida-Kipness finds that the lower court properly granted the county officials' plea to the jurisdiction and dismissed the appellant voters' lawsuit concerning the use of "allegedly uncertified electronic voting machines." The voters failed to allege a concrete injury, and any relief against the county officials would not redress the allegedly "widespread" risk of voter dilution. Accordingly, the voters failed to establish standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 28, 2023, Case #: 05-22-01098-CV, Categories: civil Procedure, Elections, jurisdiction
J. Clark finds the energy provider's appeal arising from its dispute with the utilities regulatory authority must be dismissed for lack of jurisdiction. The trial court's decision to dismiss several counts of its case against the regulatory authority was not a final, appealable decision, as it remanded a single claim to the regulatory authority for further analysis.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: December 21, 2023, Case #: AC45899, Categories: civil Procedure, Energy, jurisdiction
Per curiam, the circuit finds the district court improperly exercised supplemental jurisdiction over a former police chief's state law claim after dismissing his federal retaliation claim. The chief claims the city defunded the police department and eliminated it the same day he reported law violations by the mayor and city council members. Considerations of judicial economy, convenience, fairness and comity support reversal of the court’s decision to exercise supplemental jurisdiction. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 15, 2023, Case #: 23-50498, Categories: civil Procedure, Government, jurisdiction
J. Wolfe finds that the trial court should not have certified the judgment sustaining the parish president's exception of no cause of action as final, so the property owners' appeal is dismissed. The issue as to the parish president's immunity has not been fully adjudicated, and the immunity of the parish council is also undecided.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 14, 2023, Case #: 2023CA0446, Categories: civil Procedure, Property, jurisdiction
J. Richardson grants the individual plaintiff's motion to abstain and motion to strike in connection with two breach of contract claims, following remand from the Sixth Circuit. The court finds that there are exceptional circumstances and determines that "the reasons for declining jurisdiction significantly outweigh the interests in exercising jurisdiction." Accordingly, the court will not exercise supplemental jurisdiction over the two state-law contract claims at issue.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 14, 2023, Case #: 3:20cv924, NOS: Employment - Civil Rights, Categories: civil Procedure, jurisdiction, Contract
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: civil Procedure, Tort, jurisdiction
J. Boyd responds to certified questions, submitted by the Fifth Circuit Court of Appeals, concerning whether the flight attendants' injury claims have standing after a series of rulings and the passage of time. After the attendants' initial filing was dismissed in federal district court, and affirmed by the appeals court, they refiled their suit. The refiled suit was also dismissed because it was barred by the statute of limitations. The attendants have exhausted their appeals as allowed under Texas law, thus ending their ability to pursue their claims.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 1, 2023, Case #: 23-0388, Categories: civil Procedure, jurisdiction
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: civil Procedure, Civil Rights, jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed an individual's request for a writ of prohibition. Even if it erroneously granted the Republican Party's request for attorney fees stemming from frivolous conduct without holding the required hearing, it maintained jurisdiction over the case, which prevents any prohibition relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 28, 2023, Case #: 2023-Ohio-4188, Categories: civil Procedure, Judiciary, jurisdiction
J. Dougherty finds that the superior court properly reversed a venue transfer in this couple’s product liability case alleging negligent lawn mower design following a husband being thrown off the mower and having his legs run over by the blades. The proper venue is Philadelphia County since the record fails to indicate that the company’s products were not regularly available for sale there. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Dougherty, Filed On: November 24, 2023, Case #: J-6-2023, Categories: civil Procedure, Product Liability, jurisdiction
Per curiam, the circuit finds that an appeal should be dismissed as brought from an order vacating and remanding default judgment entered against a creditor in bankruptcy court. The litigation administrator of the debtors' post-confirmation estates challenged the order, which reopened an adversary proceeding over collection efforts on behalf of the creditor, but default judgment did not constitute an appealable final order.
Court: 2nd Circuit, Judge: Per curiam, Filed On: November 22, 2023, Case #: 23-60-bk, Categories: Bankruptcy, civil Procedure, jurisdiction