1,959 results for 'court:"Texas Courts of Appeals"'.
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
J. Wright finds the trial court properly terminated both parents’ rights to their daughter on findings of conduct and condition endangerment and their failure to comply with service plans as to their drug use, psychiatric issues and the father’s battery convictions. All evidence weighs in favor of termination. Testimony shows that the child is happy in her foster home and is considered part of that family. The child’s needs are met and the foster parents will adopt her upon termination. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-23-00006-CV, Categories: Family Law, Guardianship
J. Sudderth finds the trial court improperly set a $1 million bail for defendant, who is charged with murder. The bail is unreasonable, as it is 10 times more than he and his family could afford to pay, and there is little proof he is a safety threat. Reversed.
Court: Texas Courts of Appeals, Judge: Sudderth, Filed On: June 15, 2023, Case #: 02-23-00046-CR, Categories: Murder, Bail
J. Bailey finds that the lower court properly terminated the mother's parental rights to her son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the ruling. The record shows a history of illegal drug use by the mother, as well as positive drug tests for the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 15, 2023, Case #: 11-23-00010-CV, Categories: Evidence, Family Law
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J. Tijerina finds that the lower court properly granted summary judgment to the manufacturer of a heater in this personal injury lawsuit alleging that an individual suffered burns on his legs while riding aboard a prison bus, where the heater was allegedly located beneath the individual's seat. The individual fails to provide sufficient evidence of a safer design. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00248-CV, Categories: Tort, Negligence, Product Liability
J. Wallach finds the trial court was not required to include a jury instruction during defendant's DWI trial regarding the legality of the collection of evidence. Although the arresting officer did not cross through the pre-printed phrase "traffic stop" on the affidavit form, no other evidence, including the officer's description of his interaction with defendant, supports that it was a traffic stop. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: June 15, 2023, Case #: 02-21-00097-CR, Categories: Evidence, Dui
J. Trotter finds that the lower court properly denied the appellant's motion to dismiss as it relates to the tortious interference claim against him but improperly denied his motion in connection with a civil conspiracy claim. The appellee company "met its prima facie burden on its cause of action for tortious interference with a contract." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: June 15, 2023, Case #: 11-22-00321-CV, Categories: Civil Procedure, Interference With Contract
J. Wallach finds the trial court improperly quashed the state's firearm charge against defendant after erroneously finding it did not allege a criminal offense. The state sufficiently alleges defendant violated the law by operating a vehicle while intoxicated while in the possession of the firearm. Reversed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: June 15, 2023, Case #: 02-23-00001-CR , Categories: Evidence, Firearms, Dui
J. Partida-Kipness withdraws the court's prior opinion and substitutes the current opinion, holding that the lower court improperly awarded attorney fees to the wife in this divorce proceeding. It was an abuse of discretion to award the requested fees, as there was no evidence regarding the attorney's experience, his hourly rates or the time he spent on the case. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 15, 2023, Case #: 05-21-00915-CV, Categories: Civil Procedure, Family Law, Attorney Fees
J. Wright finds the county court properly terminated the mother’s parental rights due to her drug use and inability to provide a stable environment. The father’s agreement to the temporary order constituting an admission of paternity sufficiently triggered his right to require the family agency to prove one of the statutory grounds for termination. Affirmed in part. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-22-00330-CV, Categories: Family Law, Guardianship
J. Wright finds the trial court properly terminated the mother’s parental rights. The department of human services removed the child after an investigation revealed the mother’s drug use. The mother then did not comply with the service plan addressing her criminal activity, lack of sobriety, mental health and instability, and the child’s unsafe home environment. Evidence presented through witnesses and exhibits show that the mother has committed criminal acts. The best interest finding is strongly supported. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: June 15, 2023, Case #: 09-23-00025-CV, Categories: Family Law, Guardianship
Per curiam, the court of appeals finds that the lower court properly terminated the parental rights of the father to two children. Contrary to the father's argument on appeal, the evidence sufficiently supports the ruling. The case manager indicated that termination of his rights was in the children's best interest, based on a failure to provide safe housing and a failure to address his mental health issues. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 15, 2023, Case #: 11-22-00359-CV, Categories: Evidence, Family Law
J. Worthen finds the trial court properly convicted defendant for possession of a controlled substance. Defendant was arrested at his residence on an outstanding warrant and his girlfriend told the arresting officer that he was also in possession of meth. Further investigation produced a bag containing more than one gram of meth in the bedroom where defendant was found. Other witnesses at the residence testified that they had previously seen defendant with the bag. All evidence supports conviction. Counsel’s objections to evidence of defendant's gang membership were insufficient to preserve the argument for review, not mentioning the specific rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00229-CR, Categories: Drug Offender, Evidence, Gangs
J. Worthen finds the trial court properly entered summary judgment in favor of the county which assessed taxes on the natural gas compressors which were leased to a business within that county but stored and maintained in another county. Though the tax code allows for taxation of a dealer’s “heavy equipment inventory” only in the county in which the inventory is based and maintained, because the lessor protested the appraisals, the protests of which were denied, the doctrine of res judicata precludes further review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: June 14, 2023, Case #: 12-22-00325-CV, Categories: Administrative Law, Municipal Law, Tax
J. Nowell finds that the lower court properly granted summary judgment to the appellees in this breach of contract lawsuit involving a real estate contract. The buyer argues the appellees breached the contract by refusing to comply with a purported amendment, but the agreement was not amended by certain email communications. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 14, 2023, Case #: 05-22-00177-CV, Categories: Real Estate, Contract
J. Hoyle finds the trial court properly convicted defendant for possession with intent to deliver cocaine. Defendant abandoned a vehicle borrowed from his girlfriend and fled on foot after the investigating officer identified him as the subject he was seeking. Testimony of two officers, based on doorbell camera footage they viewed and a bag of drugs that were later found on the ground along defendant’s route of escape, as well as defendant’s girlfriend’s testimony support conviction. The doorbell camera footage was destroyed by the standard operation of the camera and was not collected before it was overwritten, and defense counsel did not argue that the recording was destroyed in bad faith. The court was within its discretion to determine that it was unavailable as lost or destroyed. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: June 14, 2023, Case #: 12-22-00268-CR, Categories: Drug Offender, Evidence, Escape
J. Smith finds that the trial court properly found the individual to be a sexually violent predator. The individual failed to preserve his complaint regarding the lack of a limiting instruction given during the testimony of the state's expert witness. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 14, 2023, Case #: 10-23-00020-CV, Categories: Jury, Commitment
J. Golemon finds the trial court properly convicted defendant for aggravated assault against a family member involving his use of a deadly weapon. The court denied defense counsel’s motion for mistrial after sustaining his objection based on Fifth Amendment rights against self-incrimination after the involved deputy testified that defendant was not willing to fill out a statement as to the alleged “sling blade” attack. The prejudicial effect of the complained-of testimony did not likely cause the jury to ignore the trial court’s instruction to disregard the request for mistrial. The evidence strongly supports conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 14, 2023, Case #: 09-22-00311-CR, Categories: Constitution, Assault, Domestic Violence
J. Neeley finds the trial court properly convicted defendant for attempted sexual assault. The victim testified that she was sitting on a public bench when defendant pinned her against a fence and attempted to pull both their underwear down before he was hit with a golf club by another witness. The court properly admitted the victim’s police body cam statements, expert testimony as to her credibility and defendant’s own statements. Defendant was not denied the opportunity to confront and cross-examine the victim and fails to show that his counsel’s performance was deficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 14, 2023, Case #: 12-22-00090-CR, Categories: Evidence, Ineffective Assistance, Sex Offender
J. Triana finds the trial court properly ruled in its final divorce decree between a husband and wife when it determined that the wife had wasted the couple's community assets and committed fraud. The former wife used the couple's assets to fund an ongoing affair, which subsequently led to the divorce. Based on these facts, it can be concluded that the former wife wasted their assets and committed fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 13, 2023, Case #: 03-21-00517-CV, Categories: Family Law, Fraud
J. Smith finds that the lower court improperly awarded attorney fees in this dispute over services provided at an apartment complex. The lower court rendered judgment in favor of the cleaning company, and there is a proper basis to award attorney fees. However, there were multiple charges that were severable. Accordingly, the issue of attorney fees should be remanded "to determine which fees are recoverable." Reversed in part.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 13, 2023, Case #: 05-22-00493-CV, Categories: Civil Procedure, Attorney Fees
J. Parker finds that the lower court properly entered a take-nothing judgment against the appellants in this breach of contract and fraudulent inducement lawsuit involving the sale of a family farm. The appellants contend that they were entitled to "buy back a portion of the farm." However, the oral promise that they seek to enforce is not enforceable, based on the merger doctrine. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 13, 2023, Case #: 07-22-00144-CV, Categories: Real Estate, Contract
J. Parker finds that the lower court properly entered a judgment for possession against the appellants in this forcible detainer action. The appellants did not vacate the property at issue after the sale of their farm, and they sought to "repurchase a portion of the 960-acre farm." On appeal, they seek to set aside the eviction, but they fail to establish error as to notice, citation or jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: June 13, 2023, Case #: 07-22-00235-CV, Categories: Real Estate, Jurisdiction