1,959 results for 'court:"Texas Courts of Appeals"'.
J. Jewell finds that the trial court properly ruled in favor of the seller of a property in a bill-of-review action involving a dispute over a private transfer fee. The trustee's argument that it was not served in the "proper capacity" in the prior suit lacks merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 23, 2024, Case #: 14-23-00092-CV, Categories: Civil Procedure, Property
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time of the offense. Pretrial habeas relief is not available unless the asserted rights would be "undermined if not vindicated before trial," which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00154-CR, Categories: Constitution, Juvenile Law, Civil Rights
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time. Pretrial habeas relief is not available unless the asserted rights would be “undermined if not vindicated before trial,” which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00159-CR, Categories: Constitution, Juvenile Law, Civil Rights
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J. Landau finds the lower court improperly issued a default family violence protective order against a boyfriend. A girlfriend applied for the protective order on grounds of alleged harassment and family violence. A temporary order was granted and a date for the protective order hearing was set, but the boyfriend did not appear. A private process server’s affidavit stated that the boyfriend had been served the citation and application for protective order, and the lower court issued a default judgment against the boyfriend and issued a lifetime protective order. The instant court finds that the default protective order required service of notice of the application, and the record does not show that he was served with it. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 21, 2024, Case #: 01-22-00597-CV, Categories: Restraining Order
J. Kelly finds that the trial court properly ruled in a trust termination suit filed by an attorney, who previously represented a minor in a personal injury case that established an annuity to be paid to the minor through a trust. The trial court signed an agreed order discharging the trust, ordering it to make payments to the minor and the attorney. However, after the trust sought to vacate the order on the grounds it interfered with its contractual rights to the owner of the annuity, the trial court rescinded its previous order. On appeal, the attorney seeks to challenge the trial court's decision. Because the court's order vacating the agreement is not a final appealable judgment, the attorney lacks the authority to bring his challenge.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 19, 2024, Case #: 03-23-00791-CV, Categories: Settlements, Trusts
J. Stevens reverses, in part, the trial court’s order of parental termination rights related to three children who were found living with their drug-using mother in a U-Haul van, then placed in the custody of the father, who is now incarcerated for child endangerment after the kids tested positive for methamphetamine abuse. The state’s family service plan was not filed into the trial court’s record or the appellate record and, therefore, there is insufficient evidence to support the mother's failure to comply with the plan. Furthermore, there is no evidence to support the state’s assertions the mother did not complete a drug abuse program or that she continued using drugs after completing such a program. Reversed in part.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: April 19, 2024, Case #: 06-23-97, Categories: Evidence, Family Law, Negligence
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: Immunity, Jurisdiction, Contract
J. Alley finds a lower court erred in granting a defendant’s motion to suppress his confession to sexually abusing his daughter. While defendant referenced that he would get a lawyer while being questioned by detectives, he continued to speak to them regardless, and as he “was not in custody and was free to terminate the interrogation,” his confession should not have been suppressed. Reversed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 18, 2024, Case #: 08-23-00077-CR, Categories: Evidence, Sex Offender, Child Victims
J. Carlyle finds that the lower court properly granted the parties a divorce and named the father as the child's sole managing conservator. The mother argues on appeal that the lower court abused its discretion in appointing the father as the child's managing conservator, but this is incorrect based on the lower court's finding that "Mother had a history of family violence, which is supported by the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 18, 2024, Case #: 05-23-00309-CV, Categories: Evidence, Family Law
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: Evidence, Family Law
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, Medical Malpractice
J. Williams finds that the lower court improperly granted summary judgment to the appraisal district in this dispute over ad valorem taxes. The case concerns how certain "mobile sand silo systems should be classified for taxation purposes." The court concludes that the silos should be "reinstated in a heavy equipment account." Reversed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 18, 2024, Case #: 11-22-00206-CV, Categories: Property, Tax
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, Attorney Fees, Contract
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, Family Law, Contract
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, Vehicle
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: Civil Procedure, Family Law
J. Spain finds that the juvenile court improperly waived its jurisdiction and transferred appellant to criminal district court to resolve his aggravated sexual assault charges. There is insufficient evidence to support the finding that "it was not practicable for the state to proceed against appellant in juvenile court before his eighteenth birthday." Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 18, 2024, Case #: 14-23-00802-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: Evidence, Family Law
J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder, Identification
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: Assault, Weapons, Self Defense