1,952 results for 'court:"Texas Courts of Appeals"'.
J. Poissant finds that the mother's parental rights to her son were properly terminated based on sufficient evidence to support the best interest finding. The case worker testified that the mother was homeless and did not have "any type of residence." Also, the child's medical needs were neglected by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 9, 2024, Case #: 14-23-00499-CV, Categories: Evidence, Family Law
Per curiam, the appellate court conditionally grants a writ of mandamus to vacate an order to compel the relator entities to respond to pre-arbitration discovery requests for underlying tort claims. The trial court abused its discretion by delaying a ruling "on the merits of arbitrability until after discovery."
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 9, 2024, Case #: 14-23-00872-CV, Categories: Arbitration, Tort, Discovery
J. Carlyle finds that the lower court improperly denied the appellant's motion to compel arbitration of the appellee company's statutory claims for defense and indemnity. The court notes that the arbitration clause at issue "is broad in scope" and concludes that any questions related to the contract "must be determined by the arbitrator." Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 5, 2024, Case #: 05-23-00591-CV, Categories: Arbitration, Indemnification, Contract
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: Civil Procedure, Employment, Government
J. Yarbrough finds that the lower court properly dismissed this negligence lawsuit brought by an individual who is committed in the Texas Civil Commitment Center based on a lack of jurisdiction. Though a plaintiff generally has a right to amend in order to "cure a jurisdictional defect," in this case amending the pleadings would not cure the defect. The court finds that he did not file suit in the committing court. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: April 4, 2024, Case #: 07-23-00263-CV, Categories: Civil Procedure, Commitment, Jurisdiction
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J. Zimmerer finds that the trial court should have dismissed the auto passenger's suit against the city over a crash with a police officer. The city's governmental immunity was not waived since the emergency exception applied to the actions of the officer, who was responding to an armed robbery when the accident occurred. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 4, 2024, Case #: 14-23-00344-CV, Categories: Immunity, Negligence, Jurisdiction
J. Palafox finds a lower court partially erred in entering no-evidence summary judgment against an injured passenger after she sued the driver of the vehicle she was in following an accident. The passenger has provided some evidence of causation, and for that reason the case should not have been thrown out entirely — though that passenger has “failed to produce more than a scintilla of evidence of her medical expenses and compensable mental anguish damages.” Reversed in part.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 4, 2024, Case #: 08-23-00221-CV, Categories: Vehicle, Damages, Negligence
J. Soto denies a writ of mandamus to several Mexican companies because they failed to show that a El Paso County judge abused his discretion. Those companies argued that the lower court wrongly denied their motion to dismiss for lack of subject matter jurisdiction because “the courts of Mexico have exclusive jurisdiction,” but it is too early in this dispute to completely rule out U.S. jurisdiction.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: April 4, 2024, Case #: 08-23-00246-CV, Categories: Civil Procedure, Jurisdiction
Per curiam, the court of appeals conditionally grants the hospital's petition for a writ of mandamus challenging the trial court's discovery order. The hospital promised to pay the provider for physicians after its parent company sold other hospitals. The hospital objected to expedited discovery as being based on the provider's speculation the hospital might be unable to pay a judgment that had not yet been issued. The provider has not alleged certain assets subject to discovery are encumbered by any security interest. The trial court improperly ordered production of documents not relevant to the pending action.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 4, 2024, Case #: 09-24-00034-CV, Categories: Health Care, Discovery, Contract
J. Smith finds that the lower court improperly granted a no-evidence summary judgment to the appellee in this breach of contract and conversion case brought by his former employers. The lower court abused its discretion by "rejecting, and not considering, appellants' filing," which prevented them from properly presenting their evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 4, 2024, Case #: 05-23-00323-CV, Categories: Civil Procedure, Evidence, Contract
J. Golemon finds the trial court improperly found for a compan that says it holds a final money judgment and a writ of execution on certain property sold at auction, though the purchaser says he was entitled to the $35,000 in auction proceeds as a bona fide purchaser for value with no notice of the judgment. The purchaser has established he is a bona fide purchaser as a matter of law and entitled to the proceeds deposited in the court's registry. Reversed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: April 4, 2024, Case #: 09-22-00099-CV, Categories: Property, Due Process
J. Theofanis finds that the trial court properly ruled in favor of a real estate investment firm in a contract case it filed against a trust and its members over the sale of an apartment complex. The members of the trust argue that the contract signed by the parties at the start of the sales process was unenforceable after the firm sent an email seeking to amend the terms of the contract. Reviewing the email, nothing in the message could be construed to imply that the firm was backing out of the sale, thus making the contract active at the time of closure. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 4, 2024, Case #: 03-23-00218-CV, Categories: Real Estate, Contract
J. Quinn finds in this restricted appeal that the lower court properly entered an order establishing the parent-child relationship. The pro se appellant fails to show "error apparent on the face of the record." He waived his complaint regarding personal jurisdiction, and his "objections to subject matter jurisdiction are baseless." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 4, 2024, Case #: 07-23-00394-CV, Categories: Family Law, Jurisdiction
J. Hoyle finds the trial court improperly dismissed the property owners' suit. The association placed a lien on property after an owner failed to make maintenance fee payments. The court found in his favor, declaring deed restrictions had expired. Other owners intervened, saying they are similarly situated. The trial court declined jurisdiction, saying it had made a final judgment. However, the judgment states that “this is a partial summary judgment... [which] does not address any other issue,” which does not render it a final judgment. Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 3, 2024, Case #: 12-23-00215-CV, Categories: Debt Collection, Property, Contract
J. Neeley finds the trial court properly denied defendant's motion to suppress during his drug case. Officers obtained a warrant to search defendant's home after he was identified by an informant who admitted to having drugs during a traffic stop. Though the informant's information had not been corroborated, his first-hand observation of criminal activity provides a basis for his knowledge of the facts. Credibility need not be independently established when no confidential informant is used. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: April 3, 2024, Case #: 12-23-00268-CR, Categories: Drug Offender, Evidence
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, Tort, Contract
J. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: Insurance, Settlements, Tort
J. Wright finds the trial court properly revoked defendant's probation from his guilty plea conviction for sexual assault. Defendant failed to obtain a sex offender driver’s license and install a locator on his phone, missed multiple drug tests, contacted multiple women, including the victim, and failed to make required payments. Text messages from defendant's burner phone were properly admitted. The messages were not offered to prove the truth of the matter asserted, but to show context, and, so, were not hearsay. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-22-00058-CR, Categories: Drug Offender, Evidence, Sex Offender
J. Wright finds the trial court properly convicted defendant for aggravated assault against a public servant. A motorist who defendant threatened to shoot reported the incident. Patrol vehicle video shows defendant shot at the officer when he arrived. Evidence did not raise a fact issue that would have allowed the jury to conclude defendant was guilty of the lesser-included offense of reckless conduct. The court properly denied defendant's request for a charge on the lesser-included offense. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: April 3, 2024, Case #: 09-23-00045-CR, Categories: Firearms, Sentencing, Assault
J. Worthen finds the trial court improperly concluded the brother breached a contract with his sister. The siblings inherited portions of their mother's property, along with her debts. They executed an agreement from which the sister sued for breach after she finished making payments on the debts and the brother failed to transfer her portion of the property. Although jury instructions provided a definition of “condition precedent,” no questions asked the jury to determine the fulfillment of the conditions. The brother could not have breached the contract had the sister not failed to pay the note, and there is no proof the note was paid in full. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 3, 2024, Case #: 12-23-00116-CV, Categories: Property, Wills / Probate, Contract
J. Kelly finds the court of appeals improperly ruled in favor of a timeshare resort in a premises liability case filed against it by a family that was injured in a deck collapse. The trial court granted the timeshare's motion for summary judgment, finding the family were trespassers under the law and were owed no duty of care because they were guests of the owners of the timeshare. Despite not being the owners of the timeshare, they still had a right to be present on the property. Therefore, the trial court erred in finding they were trespassers. Reversed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 3, 2024, Case #: 03-22-00498-CV, Categories: Property, Premises Liability, Contract
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: Constitution, Evidence, Family Law
J. Christopher finds that the trial court properly denied the law firm's dismissal motion under the Texas Citizens Participation Act in the former client's legal malpractice suit over the alleged failure to protect its lien rights for an electrical substation project. The firm did not show the allegations in the suit involve the exercise of the right to petition, so the TCPA does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-22-00741-CV, Categories: Anti-slapp, Legal Malpractice
J. Christopher partly grants mandamus relief to the transmission and distribution utilities (TDUs) seeking to vacate the partial denial of their motions to dismiss retail customers' claims in certain "bellwether cases" relating to power outages during Winter Storm Uri in February 2021. Based on the language of the pro forma tariff that applies, the TDUs are not liable for the customers' negligence and negligent nuisance claims. Also, the customers did not raise a fact question for the strict-liability nuisance claims. Though, the tariff does not bar the customers' gross negligence or intentional misconduct claims.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 2, 2024, Case #: 14-23-00095-CV, Categories: Civil Procedure, Negligence
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: Tort, Immunity, Jurisdiction
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, Jury, Tort
J. Smith finds that the lower court properly granted the city's request for a temporary injunction in this suit regarding the appellants' business operations and the validity of the certificate of occupancy. Contrary to the appellants' argument, the city was "not required to raise the matter with the board of adjustment" prior to filing suit. Also, there was evidence that the "use of the property" had changed without a new certificate of occupancy. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 29, 2024, Case #: 05-23-00496-CV, Categories: Municipal Law, Property, Real Estate
J. Smith finds that the trial court properly issued an injunction stalling an investigation that the Texas Department of Family and Protective Services is pursuing against a family based on gender-affirming care. However, the lower court improperly ruled against Gov. Abbott, as the family does not have standing to sue him. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: March 29, 2024, Case #: 03-22-00126-CV, Categories: Government, Jurisdiction, Lgbtq