1,959 results for 'court:"Texas Courts of Appeals"'.
J. Jones finds the trial court improperly ruled against an energy company in a scarcity pricing dispute with the Texas Public Utility Commission. The company argues that the commission lacks the authority to regulate pricing in the manner it did. Under requirements set by the Texas legislature, the commission exceeded its statutory authority in its order. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: June 1, 2023, Case #: 03-21-00356-CV, Categories: Energy, Government
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: Tort, Vehicle, Due Process
J. Horton finds the county court properly found in favor of the purchaser-at-auction of a foreclosed-upon property seeking to evict the original purchaser who had defaulted on their loan. The evictee, who filed a CDC form addressing the temporary halting of residential evictions to prevent the spread of Covid-19, didn’t challenge the court’s conclusion that the eviction was not based on her failure to pay rent, and the argument is not preserved for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: June 1, 2023, Case #: 09-21-00105-CV, Categories: Landlord Tenant, Banking / Lending, Covid-19
J. Poissant finds that the trial court properly issued a clarifying order in favor of the individual appellees regarding attorney fees in a dispute over use of an airport and airstrip. The appellees did not waive their award of appellate attorney fees, though they did waive the right to recover additional fees. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 1, 2023, Case #: 14-21-00303-CV, Categories: Property, Real Estate, Attorney Fees
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J. Hassan finds that defendant was improperly convicted of bodily-injury assault of a family member after a jury charge error. "An error that permits the jury to convict a defendant for an uncharged offense that was not a lesser included offense of the charged offense egregiously harms the defendant." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: June 1, 2023, Case #: 14-22-00273-CR, Categories: Evidence, Assault, Jury Instructions
J. Johnson finds the trial court improperly denied an injured statehand’s motion to reinstate this suit after dismissal. The stagehand, working for the talent agency at the Conroe Cajun Catfish Festival, brought negligence allegations after falling off a stage and incurring injury. The record has nothing indicating that he was aware of or responsible for a calendaring mistake made by his attorney. No evidence supports the court’s conclusion that his failure to appear was intentional or resulting from conscious indifference. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-22-00336-CV, Categories: Tort, Negligence, Due Process
J. Johnson finds the county court properly terminated the mother’s parental rights to her three minor children. The department of protective services received a report of neglectful supervision and meth manufacturing in the home, and the trial court found by clear and convincing evidence that statutory grounds existed for termination. The mother was not originally present at bench trial due to her involvement in court-ordered treatment. Recess was called and the trial resumed at a later date when the mother could be present. The trial commenced before the statutory automatic dismissal date, leaving the court with jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: June 1, 2023, Case #: 09-23-00021-CV, Categories: Family Law, Jurisdiction, Guardianship
J. Golemon, on remand from the 13th Court of Appeals, finds the trial court properly entered the order of forfeiture for almost $50,000 in gambling proceeds after finding defendant guilty of keeping a gambling place. All evidence supports the forfeiture. The cited code of criminal procedure governing seizure, which defendant says invalidates it, does not list the keeping of a gambling place as an enumerated offense, allowing the state to proceed. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: June 1, 2023, Case #: 09-21-00290-CV, Categories: Evidence, Forfeiture, Due Process
Upon en banc reconsideration, J. Valenzuela upholds the trial court's termination of a father's parental rights to his daughter and naming her foster parents as her managing conservators. Evidence indicates the father has a criminal history, used meth with the mother of the child while she was pregnant and was charged with assaulting the woman while she was pregnant. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 31, 2023, Case #: 04-22-00264-CV, Categories: Family Law
J. Jones finds the trial court properly ruled to terminate a mother’s parental rights to her child. A reasonable factfinder could have reached a similar conclusion that termination of parental rights was in the best interest of the mother’s child. Therefore, the evidence is sufficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 31, 2023, Case #: 03-22-00780-CV, Categories: Family Law
J. Reichek finds that the lower court improperly awarded spousal maintenance and divided the community estate in this divorce case. The wife will "take nothing on her request for spousal maintenance," and the case is remanded for a new division of the property. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 31, 2023, Case #: 05-22-00040-CV, Categories: Family Law, Property
J. Rodriguez finds a lower court ruled correctly in convicting defendant of murder after a woman that defendant had been dating was found dead at her home. Defendant argued the state had neither offered adequate evidence against him nor proven that a murder had happened in Texas which would have given this court jurisdiction, but the venue in this case “was not disputed in the trial court,” and prosecutors offered “ample circumstantial evidence,” including a Facebook belonging to defendant that had sent threatening messages to the victim, to provide “authentication” of defendant as the killer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-22-00109-CR, Categories: Evidence, Murder, Domestic Violence
J. Theofanis finds the trial court properly ruled against a waste disposal company in a contract suit against the City of Round Rock after the city council employed a different company to handle specific waste collection services. There was no imminent threat of injury to the company since its contractual ties to the city had expired. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: May 31, 2023, Case #: 03-22-00450-CV, Categories: Government, Contract
J. Molberg finds that the lower court improperly granted the insurance company's dismissal motion in this breach of contract lawsuit. The company moved for dismissal under Texas Rule of Civil Procedure 91a. However, the pleadings do not show that the claims "lack a basis in law." Additionally, the court notes that the rule is "not a substitute for summary judgment practice." Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 31, 2023, Case #: 05-21-00092-CV, Categories: Civil Procedure, Insurance, Contract
J. Soto finds a lower court ruled correctly in convicting defendant of murder and giving him a life sentence after he killed an escort at his home. Defendant argued that he “freaked out” after the victim raised her prices and threatened to call police and that there was not adequate evidence to support “the jury’s rejection of his sudden-passion claim,” but the jury was “free to reject” these arguments and did not commit a legal error by doing so. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 31, 2023, Case #: 08-22-00207-CR, Categories: Intent, Jury, Murder
J. Martinez upholds the trial court's take-nothing judgment for a company and its driver in a car collision case. The trial court properly limited the testimony of one of the individual's doctors after finding his causation opinion unreliable, and the jury unanimously held the driver was not responsible for the individual's alleged neck and shoulder injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Martinez, Filed On: May 31, 2023, Case #: 04-21-00420-CV, Categories: Negligence, Experts
J. Soto finds a lower court erred in a convoluted dispute between representatives of a personal estate and a “long-term friend and legal advisor” of that deceased person. The estate had sued the friend to collect on a promissory note and the friend then countersued alleging unpaid legal fees and won at lower court. In determining the amounts owed to parties, the lower court failed to adequately consider interest that continued to accrue on the promissory note. Reversed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 31, 2023, Case #: 08-22-00092-CV, Categories: Attorney Fees, Contract
J. Tijerina conditionally grants in part this petition for a writ of mandamus, in which the relators challenge the lower court's jurisdiction over a guardianship proceeding. The proposed ward was not served with citation, thus depriving the lower court of personal jurisdiction over him. Accordingly, the guardianship order is void.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: May 31, 2023, Case #: 13-23-00157-CV, Categories: Civil Procedure, Jurisdiction, Guardianship
J. Neeley finds the trial court properly convicted defendant for aggravated robbery, sentencing him to 55 years in prison. Prior conviction enhancements were filed by “Brooks” notice after indictment, to which defendant posed no objection. Though defendant pleaded “not true” to one of the enhancements, due to the incorrect county of conviction being set forth, his objections were overruled as the state’s “amended notice of intent to offer evidence” corrects the error. There is no abuse of discretion in the court’s overruling his objection to the state’s notice of intention. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 31, 2023, Case #: 12-22-00109-CR, Categories: Robbery, Sentencing, Due Process
J. Rodriguez finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued there was not adequate evidence to support termination, but by the final child-custody hearing the mother had “still not completed her required parenting classes,” and child welfare officials were having “difficulties remaining in contact” with her. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-23-00036-CV, Categories: Family Law, Government, Guardianship
J. Triana finds the trial court properly ruled to terminate a mother’s parental rights to her child. When the mother appealed the court’s order, her court-appointed counsel filed a brief with the court, calling the appeal frivolous and without merit. There is no present issue to support an appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: May 31, 2023, Case #: 03-22-00804-CV, Categories: Family Law
J. Rodriguez finds a lower court ruled correctly in finding a driver was negligent in a three-car collision that happened during a “big old sandstorm.” The driver appealed, arguing the jury had erred in finding him negligent, but while the driver argued he had not continued driving into the sandstorm and had instead stopped, other evidence contradicts this and jurors were “free to believe or disbelieve [his] contention.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 30, 2023, Case #: 08-22-00046-CV, Categories: Evidence, Vehicle, Negligence