1,959 results for 'court:"Texas Courts of Appeals"'.
J. Jones finds the trial court improperly ruled against the individual in his Texas Public Information Act lawsuit against the University of Texas. The individual sufficiently establishes that the documents he requested are public information, thereby waiving the university’s claim to governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 22, 2023, Case #: 03-22-00196-CV, Categories: Government, Public Record, Immunity
J. Silva finds that the lower court properly terminated the mother's parental rights to four of her children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the findings. Specifically, there was evidence of drug use and allegations of domestic violence. One of the fathers also appeals from the termination of his rights, but his appeal is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: June 22, 2023, Case #: 13-23-00049-CV, Categories: Evidence, Family Law
[Consolidated.] J. Smith withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court properly entered a final order in a suit affecting the parent-child relationship and properly entered a protective order against the mother. The mother fails to establish her argument that the orders are "structurally defective." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 22, 2023, Case #: 05-21-00242-CV, Categories: Civil Procedure, Family Law
J. Kennedy finds that the lower court properly granted a take-nothing summary judgment and awarded attorney fees in this suit alleging negligent misrepresentation and third-party-beneficiary breach of contract. The individual appellant was not a party to the consulting agreement at issue, and the evidence does not establish that "he was an intended third-party beneficiary." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00293-CV, Categories: Civil Procedure, Attorney Fees, Contract
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J. Kennedy finds that the lower court properly granted summary judgment in favor of Texas Instruments in this breach of contract dispute involving a chemical purchase and sale agreement. The appellant company fails to establish its claims "based on any alleged overbilling or short-shipping." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: June 21, 2023, Case #: 05-22-00359-CV, Categories: Civil Procedure, Contract
J. Breedlove finds that the lower court properly granted summary judgment to the plaintiff finance company in this breach of contract lawsuit against a car dealership. The car dealership challenges a ruling to exclude certain summary judgment evidence, but it failed to address "all 19 grounds for exclusion" of the affidavits at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 21, 2023, Case #: 05-22-00692-CV, Categories: Civil Procedure, Evidence, Contract
J. Golemon finds the trial court improperly convicted defendant for the continuous sexual abuse of a child, his ex-girlfriend’s daughter. Although the trial court found there was a necessity in allowing the witness to whom the victim first revealed the abuse to testify remotely, it failed to provide case-specific reasons for the necessity finding. The record did not support a finding that the remote testimony furthered an important public policy, and it can’t be said that the error didn't contribute to conviction. Reversed and remanded for new trial.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 21, 2023, Case #: 09-22-00157-CR, Categories: Sex Offender, Witnesses, Child Victims
J. Rodriguez reverses the trial court's denial of a noncitizen's petition for habeas corpus in connection with his arrest for trespass during the state's operation to deter illegal border crossings. The noncitizen made a prima facie case of gender discrimination by arguing the state selectively prosecutes men, but not women, under the operation. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 21, 2023, Case #: 04-22-00623-CR , Categories: Constitution, Habeas, Immigration
J. Carlyle finds that the lower court properly granted the appellee company's motion for summary judgment and expungement of a notice of lis pendens. There was no error in the dismissal of the appellant company's breach of contract claim relating to "its claimed interest in certain real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 21, 2023, Case #: 05-22-00501-CV, Categories: Real Estate, Contract
J. Golemon finds the trial court properly convicted defendant for second-offense felony cocaine possession. Defendant was arrested pursuant to a bank “jugging” sting operation, under suspicion of criminal activity and attempted theft. The arrest resulted in the discovery of defendant’s possession of cocaine. The location of the cocaine in defendant’s vehicle, forensic cell phone evidence and defendant’s admissions during interview all support conviction. Though charges were reduced from first- to second-degree possession, the court’s proper application of criminal history enhancements resulted in the same sentencing range being used and a presumption of prosecutorial vindictiveness does not apply. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 21, 2023, Case #: 09-21-00154-CR, Categories: Drug Offender, Sentencing, Theft
J. Baker finds the trial court properly ruled to terminate a mother’s parental rights to her child. On appeal, the mother asserts that her court-appointed attorney provided ineffective counsel. However, the mother’s counsel acted in accordance with their legal responsibilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: June 21, 2023, Case #: 03-23-00140-CV, Categories: Family Law
J. Smith finds that the lower court properly granted summary judgment in favor of the school district in this lawsuit asserting a retaliation claim under the Texas Whistleblower Act. The school district sufficiently established its affirmative defense, arguing that the former employee "would have been, and was, terminated for substantiated misconduct." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 21, 2023, Case #: 05-22-00384-CV, Categories: Civil Procedure, Whistleblowers, Employment Retaliation
J. Rodriguez denies motions by a tenant seeking relief from lower court findings in a landlord-tenant eviction dispute because the tenant has not provided adequate information to seriously consider his appeals. Concerning a hearing that the tenant disputes, this court does not have “a copy of the reporter’s record or even a docket entry indicating that a hearing took place.”
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 20, 2023, Case #: 08-23-00035-CV, Categories: Civil Procedure, Property, Housing
J. Reichek finds that the lower court properly dismissed the ex-wife's tort claims against her ex-husband. The claims were barred under the doctrine of res judicata, as they could have been raised in the parties' divorce action. The alleged incident at issue occurred "prior to the final divorce decree." Accordingly, summary judgment in favor of the ex-husband was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: June 20, 2023, Case #: 05-21-01064-CV, Categories: Civil Procedure, Family Law, Tort
J. Stevens grants mandamus relief to the county district attorney seeking to have a judge rescind an order that requires the state to provide a copy of a "recorded forensic interview of an alleged child victim" to defendant, who was indicted for aggravated sexual assault of a child. The relevant discovery statutes prohibit the duplication of the interview recording at issue.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: Criminal Procedure, Experts, Discovery
J. Stevens grants a district attorney mandamus relief from the lower court's order requiring the state to provide a copy of a forensic interview with an alleged child victim to a defendant facing charges for aggravated sexual assault of a child. State discovery laws do not allow interviews of alleged child victims to be duplicated.
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: June 20, 2023, Case #: 06-23-00003-CR, Categories: Sex Offender, Discovery
J. Rodriguez finds a lower court ruled correctly in finding a man to be a sexually violent predator and civilly committing him. The man argued the jury had been unfairly prejudiced when the court allowed them to hear details of his adjudicated and unadjudicated offenses, but that evidence was provided with the “limited purpose of assisting the jury in weighing the experts’ opinions on the ultimate issue of [the man’s] behavioral abnormality” and did not unfairly prejudice him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 19, 2023, Case #: 08-22-00222-CV, Categories: Evidence, Commitment, Due Process
J. Rodriguez conditionally grants a writ of mandamus to Enterprise Rent-A-Car after it was sued by a consumer who had been arrested at a Border Patrol checkpoint and who alleged that the company’s “negligence in renting him a car that contained illegal narcotics was the cause of his arrest.” Enterprise argued a lower court had committed a “clear abuse of discretion” by not allowing it to designate Border Patrol as a third party in this case. Border Patrol’s general immunity alone is not a good enough reason to not designate it as such, and the consumer’s arguments that a filing by Enterprise was technically late did not account for court rules concerning legal holidays.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 16, 2023, Case #: 08-23-00081-CV, Categories: Civil Rights, Government, Consumer Law
J. Garcia finds the lower court improperly applied equitable estoppel to bar the enforcement of a zoning ordinance in connection with the height requirement for a structure that was being constructed. The general rule precludes estoppel against a municipality. Reversed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: June 16, 2023, Case #: 05-22-00730-CV, Categories: Municipal Law, Zoning
J. Palafox conditionally grants mandamus relief to the U.S. Postal Service and a postal carrier who were sued following a vehicle collision. Both the Postal Service and carrier argued that a local electric company and resident should be designated as third parties because they allege that a telephone pole, a rock wall and shrubbery obscured visibility and contributed to the accident, and the parties timely moved to designate them.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: June 16, 2023, Case #: 08-23-00100-CV, Categories: Civil Procedure, Tort, Vehicle
J. Young grants a petition for a writ of mandamus filed by a car dealership, finding a trial court’s order for a new trial an abuse of its discretion. After the trial court rendered its judgment in a negligence suit filed by the daughter of an employee of the dealership who was injured after another employee hit her with his car, the daughter asked for a new trial, asserting that instructions to the jury were violated, leading to a less favorable outcome for her. None of the reasons the daughter outlined in her motion for a new trial warranted the trial court’s decision to grant one.
Court: Texas Courts of Appeals, Judge: Young, Filed On: June 16, 2023, Case #: 21-0135, Categories: Jury, Tort, Negligence
J. Pena finds that the lower court properly entered judgment in favor of the co-trustees awarding more than $29 million in "profit disgorgement" in this lawsuit asserting claims for breach of trust and unjust enrichment. The evidence sufficiently shows that one of the co-trustees, the father, "intended to create an express trust and that he transferred the trust property" as trustee. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: June 15, 2023, Case #: 13-22-00029-CV, Categories: Evidence, Trusts, Damages
J. Golemon finds the trial court properly terminated both parents’ rights to their minor child. The family agency filed a petition for conservatorship due the mother’s neglectful supervision and assault conviction, also alleging that she was using pills, cocaine, or meth. The father’s supervision was also found to be neglectful, stemming from mental health issues including threats of suicide and intoxication. All evidence supports the best interest finding. As for the parent’s challenge of the department’s appointment as conservator, the evidence shows that the parents’ appointment “is not in the child’s best interest because [it] would significantly impair the child’s physical health or emotional development.” Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 15, 2023, Case #: 09-23-00002-CV, Categories: Family Law, Guardianship
J. Contreras finds in this accelerated permissive appeal that the lower court properly denied the appellant's motion for summary judgment. The appellant, a nonprofit health corporation, argues that it cannot be vicariously liable for the alleged negligence of a physician. However, the court concludes that the physician was an employee of the appellant "for purposes of vicarious liability," and he was acting within the course of his employment at the time of the alleged acts. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: June 15, 2023, Case #: 13-22-00374-CV, Categories: Civil Procedure, Health Care, Medical Malpractice