1,948 results for 'court:"Texas Courts of Appeals"'.
J. Quinn finds that the lower court improperly placed certain "affiliates" of the alleged debtor into receivership. The application for the appointment of a receiver did not mention "any of the 55 affiliates or seek a receivership over any of them." Further, the affiliates were not the "property and business" of the alleged debtor, and the scope of the appointment should have been limited. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 15, 2024, Case #: 07-23-00398-CV, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Alley finds a probate court did not err in its division of a deceased man’s estate. Despite arguments to the contrary, the court did not change a settlement agreement reached by inheritors of that estate, as the term “estate property” has “a clear, unambiguous meaning in Texas law and does not include a surviving spouse’s half interest in community property.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 15, 2024, Case #: 08-23-00167-CV, Categories: Settlements, Wills / Probate, Contract
J. Kelly finds that the trial court properly ruled to terminate a father's parental rights to his child. The father's use of methamphetamine endangered his child's physical, mental and emotional well-being by opening the father up to possible incarceration; thus, the termination of his rights was justified to protect the child. Affirmed
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 12, 2024, Case #: 03-23-00658-CV, Categories: Family Law
J. Soto finds a lower court did not err in convicting defendant for murder. Defendant argued the evidence was insufficient and that his sentence should be reformed to criminally negligent manslaughter, including because he claimed the shooting was an accident. But there was in fact sufficient evidence that defendant acted “knowingly,” including because he initially lied about the circumstances of the shooting and attempted to hide evidence and leave town, which is “indicative of a consciousness of guilt.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00176-CR, Categories: Evidence, Murder, Manslaughter
J. Soto finds a lower court did not err in convicting defendant of continuous sexual abuse of a child. Defendant raised a number of purported issues with his conviction, including disputing evidentiary rulings made by the court, and while the lower court did indeed err by allowing the victim’s mother and two detectives to testify as outcry witnesses based on discrepancies in their testimonies, the errors “did not have a substantial and injurious effect” given the overall evidence against defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 12, 2024, Case #: 08-23-00162-CR, Categories: Evidence, Sex Offender, Child Victims
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J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: Evidence, Family Law, Fraud
J. Trotter finds that the lower court properly terminated the parental rights of the mother. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the mother failed to comply with her family service plan and also shows that the child expressed a desire to be adopted. Additionally, the child's behavior had "greatly improved" while living with a relative. The court further concludes that "this parent-child bond is fundamentally broken." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: April 11, 2024, Case #: 11-23-00258-CV, Categories: Evidence, Family Law
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: Civil Procedure, Property, Settlements
J. Landau finds the lower court properly terminated the parental rights of a mother and father to their minor child on grounds that they knowingly placed or allowed the child to remain in conditions that endangered the child’s well-being, that she failed to comply with a court order establishing the child’s return to her custody, and that it is in the child’s best interest. The child was removed from the parent’s custody and placed into foster care after the mother set fire to the family home with the child inside, removed the child from the premises and threw the child over a fence to the ground. Despite the father's claims that he had no criminal history, an FBI background check revealed 15 criminal charges, including 13 felony convictions for identity theft. Neither parent provided verifiable proof of income, and the mother told authorities that the father had trafficked her and that she was a sex worker, a claim she later denied in addition to her previous claims of domestic violence. The lower court found the parents were unable to care for the child or provide a safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 11, 2024, Case #: 01-23-00765-CV, Categories: Family Law
[Consolidated.] J. Bassel upholds defendant's multiple convictions for aggravated robbery and related crimes and resulting 45-year sentence. The trial court properly refused to suppress evidence found on his cell phone, as police officers are allowed to obtain non-electronic identifying information from an abandoned phone to obtain a search warrant for the phone's digital information. Affirmed.
Court: Texas Courts of Appeals, Judge: Bassel, Filed On: April 11, 2024, Case #: 02-22-00291-CR, Categories: Burglary, Search, Impersonation
J. Poissant finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the statutory grounds regarding an endangering environment for the child and endangering conduct by the mother. For instance, the child was living with the mother in "unsanitary, deplorable conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 11, 2024, Case #: 14-23-00848-CV, Categories: Evidence, Family Law
J. Williams finds that the lower court properly terminated the mother's parental rights to three children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest findings. The record indicates a history of drug use by the mother and a failure to complete her family service plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 11, 2024, Case #: 11-23-00248-CV, Categories: Evidence, Family Law
J. Golemon finds the trial court improperly granted a permanent injunction to the successor-in-interest to the grantor of pipeline easements. The grantor successor filed suit against the grantee successor after a dispute developed regarding the use of the grantor's roads and bridges. The grantor failed to prove the grantee engaged in a wrongful act causing the grantor irreparable injury. The trial court improperly permanently enjoined the grantee from exercising its rights under the easements. Awards of fees are based on the erroneous conclusion. Reversed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 11, 2024, Case #: 09-22-00117-CV, Categories: Energy, Property
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: Arbitration, Property, Attorney Fees
J. Jewell finds that the trial court properly ruled in favor of the attorney and law firm on claims relating to alleged conflicts of interest during their representation for a failed transaction to merge real estate businesses. The allegations involving conflicts of interest involve negligence only and not fiduciary duty, and there was insufficient evidence to establish causation as to the professional negligence claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 11, 2024, Case #: 14-22-00781-CV, Categories: Fiduciary Duty, Legal Malpractice, Contract
J. Smith finds that the trial court properly denied the city's plea to the jurisdiction in a suit over its alleged mishandling of donations received after the death of a police corporal and other officers who were killed by a sniper during a demonstration in 2016. The city did not show that its actions in contracting with a charitable organization to process the mail and donations were "in the interest of the general public" or constituted a governmental function. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 10-23-00315-CV, Categories: Immunity, Conversion, Jurisdiction
J. Neeley denies the estate executor's petition for a writ of mandamus. The executor seeks to challenge the court's discovery order requiring him to make a full accounting of the estate after he was accused of breach of fiduciary duty, conversion, and partition of real estate and mineral interests. Testimony shows the executor has the requested documents in his possession, and no abuse of discretion is found.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 10, 2024, Case #: 12-24-00023-CV, Categories: Wills / Probate, Fiduciary Duty, Discovery
J. Hoyle finds the trial court properly convicted defendant for possession of codeine. Defendant was arrested after officers saw him "hanging out" by a dumpster in a parking lot. Officers discovered three pills containing codeine after defendant consented to a search, and database documentation regarding codeine levels is sufficient to show the codeine content falls within a particular penalty group. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 10, 2024, Case #: 12-23-00145-CR, Categories: Drug Offender, Evidence, Sentencing
J. Breedlove finds that the lower court properly entered a bond ruling, in which it "determined that the joint bond does not suspend enforcement of the judgment as to all judgment debtors" and ordered the debtors to designate which debtor the supersedeas bond applies to. Contrary to the judgment debtors' argument on appeal, the $25 million statutory cap "applies per judgment debtor, not per judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 10, 2024, Case #: 05-23-01168-CV, Categories: Civil Procedure, Damages
J. Palafox finds a lower court did not err in revoking defendant’s community supervision for failing to submit to drug tests after he pleaded guilty to heroin possession with a repeat-offender enhancement. Defendant argued he had not been given specific and adequate notice about the terms of his probation, but according to precedent from the Court of Criminal Appeals, a defendant waives their right to complain about probation terms if they don’t raise those complaints at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 10, 2024, Case #: 08-23-00237-CR, Categories: Drug Offender, Probation, Plea
J. Smith finds that the trial court properly terminated a mother's parental rights to her child because an independent fact finder would have similarly concluded that the mother endangered her child's well-being due to her use of and arrest for possessing illicit substances. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 10, 2024, Case #: 03-23-00707-CV, Categories: Family Law
Per curiam, the court of appeals dismisses defendant's appeal. Convicted by a no-contest plea for meth possession, defendant's community supervision was revoked and then dismissed on appeal for deprivation of right to counsel. The trial court then denied defendant's motion to reinstate. The court of appeals does not have jurisdiction when the trial court's order does not adjudicate guilt or acquittal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 10, 2024, Case #: 09-24-00086-CR, Categories: Drug Offender, Probation, Jurisdiction
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator's compliance with a third-party subpoena for an underlying lawsuit alleging three individuals helped her to "obtain medication to facilitate an abortion." The discovery requests "facially request evidence that could, at least, furnish a link in the chain of evidence needed to prosecute relator for a crime."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00834-CV, Categories: Civil Procedure, Discovery, Privilege
J. Reichek finds in this restricted appeal that the lower court improperly terminated the mother's parental rights. The mother argues that her attorney "failed to appear at trial," thus demonstrating ineffective assistance of counsel. The court concludes that a "presumption of prejudice is warranted" under the circumstances and remands the case for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: April 9, 2024, Case #: 05-23-01142-CV, Categories: Civil Procedure, Family Law
J. Hassan finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's temporary managing conservator. The mother's argument that res judicata barred the department's second petition in intervention is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 9, 2024, Case #: 14-23-00813-CV, Categories: Civil Procedure, Family Law
J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: Debt Collection, Tort, Interference With Contract