1,947 results for 'court:"Texas Courts of Appeals"'.
J. Christopher finds that the trial court improperly denied the nonresident individual's special appearance given the lack of specific personal jurisdiction over him in this trade secrets case. The facts alleged do not show that the individual, a Michigan resident, had "purposefully availed himself of the privilege of conducting activities in Texas." Reversed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: May 11, 2023, Case #: 14-22-00412-CV, Categories: Trade Secrets, Fiduciary Duty, Jurisdiction
J. Palafox finds a lower court ruled correctly in convicting defendant of evading arrest or detention in a vehicle, a conviction enhanced by a prior charge for burgling a house. Defendant argued, among other things, that the driver — whom prosecutors alleged was defendant — did not know that law enforcement was trying to detain him, but this argument departs “from the reasoning of other Texas courts” by asking the state to prove defendant’s “subjective knowledge” that he was being detained, and this court is “not persuaded” by his arguments. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 11, 2023, Case #: 08-22-00188-CR, Categories: Evidence, Resisting Arrest, Vehicle
J. Horton finds the trial court properly terminated the father’s parental relationships with his five children. The judgment of conviction and the indictment from his criminal case for continuous sexual abuse of a child was not incorrectly admitted. The conviction was cumulative of other similar evidence which was admitted without objection. Its admission was harmless in light of all the other evidence of sexual abuse which supported the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: May 11, 2023, Case #: 09-22-00389-CV, Categories: Evidence, Family Law, Guardianship
[Consolidated.] J. Neeley finds the trial court properly convicted defendant, by guilty plea, for drug possession, with an enhancement elevating one of the consolidated cases to a second-degree felony. All evidence supports the convictions, though certain costs were incorrectly duplicated and are modified. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 11, 2023, Case #: 12-22-00185-CR, Categories: Drug Offender, Evidence, Sentencing
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Wright finds the trial court improperly entered a take-nothing judgement against the contractor, and a monetary judgment in favor of the homeowner on his breach of contract counterclaim regarding repairs made to his home after it was damaged in Hurricane Harvey. Though a carpenter who had worked for the homeowner before offered his opinion on correcting allegedly “shoddy” work, the homeowner’s evidence was factually insufficient to show the price paid for the work performed by the carpenter was reasonable and necessary. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 11, 2023, Case #: 09-21-00034-CV, Categories: Construction, Evidence, Contract
[Consolidated.] J. Pena finds that the lower court properly granted summary judgment on the sellers' deficiency claim and also their claims alleging a "post-foreclosure failure to vacate the property." The purchasers contend that summary judgment was inappropriate based on their affirmative defenses, but they failed to "expressly raise" their defenses at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 11, 2023, Case #: 13-20-00492-CV, Categories: Civil Procedure, Real Estate
J. Soto finds a lower court ruled correctly in convicting defendant of murder after he shot someone during an apparent altercation. Defendant argued prosecutors had not provided adequate evidence to disprove his claim that he acted in self-defense, but the record raises doubts about a number of defendant’s characterizations about the incident, including his claim that he was not using drugs or alcohol. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 11, 2023, Case #: 08-22-00151-CR, Categories: Evidence, Murder, Self Defense
J. Worthen finds the trial court properly adjudicated defendant a sexually violent predator, committing him for treatment and supervision. Defendant is currently serving 18 years for aggravated sexual assault of a child and was previously incarcerated for the same. The forensic psychologist testified that defendant is of a high likelihood to reoffend, suffering from abnormal paraphilic disorder, aroused by post-pubescent girls. Though defense objected to the state’s use of the phrase “reasonable degree of scientific certainty,” it was overruled, being that no authority has adjudicated the standard impermissible. The admission was not harmful considering the record evidence as a whole. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: May 10, 2023, Case #: 12-22-00282-CV, Categories: Sex Offender, Commitment, Child Victims
J. Neeley finds the trial court properly convicted and sentenced defendant, by guilty plea, for aggravated robbery. Defendant served as the getaway driver for a group who, after committing a “purse snatch” tried to rob an elderly woman as she gardened in her front yard. Surveillance video from a church next door to the woman’s house captured every aspect of the robbery, including the violence committed against the woman. Punishment is assessed within guidelines and there is no Eighth Amendment violation. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 10, 2023, Case #: 12-22-00133-CR, Categories: Evidence, Robbery, Cruel And Unusual Punishment
J. Hoyle finds the trial court properly denied the insurer’s motion to dismiss or stay litigation in favor of arbitration in this dispute over the settlement of the school district’s claim for hail and windstorm damage. Contract excerpts show that the district alleges it was damaged by receiving an inappropriate settlement for its claims under the policy — not the Reinsurance Contract had with the Texas Rural Education Association. The insurer has not carried its burden of establishing that direct benefits estoppel applies and has not shown that the arbitration provision is valid and enforceable. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: May 10, 2023, Case #: 12-22-00311-CV, Categories: Education, Insurance, Contract
J. Jones finds that the trial court improperly ruled against the Texas Education Agency, denying its jurisdictional plea in a suit filed against it by a special education provider. The provider was denied state funds for its operations. On appeal, the agency asserts it is shielded from suit by sovereign immunity. The education services provider did not properly establish an issue that would have waived the agency’s immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 10, 2023, Case #: 03-22-00172-CV, Categories: Education, Government, Jurisdiction
J. Jones finds that the trial court ruled properly in a lawsuit brought by the former residents of an apartment home over their security deposit being withheld. On appeal, the apartment home’s property manager asserts that the court erred in denying his motion for joinder. The property manager failed to establish that he is a party to the judgment against the landlord. Additionally, he has not shown that he has standing to call for a new trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 10, 2023, Case #: 03-21-00556-CV, Categories: Civil Procedure, Landlord Tenant, Jurisdiction
J. Worthen finds the trial court properly convicted defendant for evading arrest. Defendant testified that he knew the pursuing officer was behind him, but that he didn’t stop on the interstate as a safety concern, deciding to stop at a McDonald’s at the next exit. He stated he was unfamiliar with the area, did not see any parking lots on the right side of the road and ran the red light because he believed the cross traffic would yield to the patrol car. He further testified that he continued throwing his business cards out of the window to let the officer know he intended to stop. The jury reasonably could have determined that defendant delayed compliance, and that he intentionally fled. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: May 10, 2023, Case #: 12-22-00189-CR, Categories: Escape, Vehicle
J. Wright finds the trial court, sitting without jury, improperly convicted defendant for misdemeanor theft of personal property. Following an ongoing controversy with her neighbor regarding a borrowed wheelchair, defendant was accused of stealing and killing the neighbor’s dog. She was found guilty on a not-guilty plea, though inconsistent descriptions of the dog between the information and testimony show a variance in what was alleged and what was proven. The state concedes that defendant did not waive her right to a jury trial according to criminal procedure. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: May 10, 2023, Case #: 09-21-00289-CR, Categories: Evidence, Theft, Due Process
J. Nowell finds that the lower court improperly awarded monetary damages arising from damage to the appellee's parking lot in this dispute between neighboring property owners. The case, which involved allegations that trucks entered the parking lot without permission, should be remanded "to recalculate actual damages." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 10, 2023, Case #: 05-22-00236-CV, Categories: Real Estate, Damages
J. Neeley finds the trial court properly convicted defendant, by guilty plea, for assault family violence. Defendant accused his girlfriend of cheating, struck her on the face, then threw her to the floor after she returned late from running errands. He then straddled her, pinned her arms and placed his fingers on her neck and face so as to prevent her from breathing. Though the victim was found to not be a credible witness due to her criminal history, defendant’s pleas and medical observation and care given the victim are evidence sufficient enough to support conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 10, 2023, Case #: 12-22-00241-CR, Categories: Assault, Plea, Domestic Violence
J. Valenzuela reverses the lower court’s order denying Jim Wells County and its commissioner’s plea to the jurisdiction on a trespass and inverse condemnation lawsuit brought by a ranch that objected to the county’s decision to cut down 49 trees on the ranch’s property. The claims are dismissed. Affirmed in part, reversed in part.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 10, 2023, Case #: 4-22-589-CV, Categories: Government, Property, Jurisdiction
J. Neeley finds the trial court properly convicted defendant for murder. Several witnesses testified to seeing the assailant wearing a black hoodie and red bandana, fleeing in a silver car with a damaged rear end. The arresting officer stopped a vehicle of that description, with defendant driving. The license plate matched that reported by witnesses. Investigating officers found a receipt for ammunition matching the type used in the murder, as well as a red bandana and a pistol beneath a panel in the driver’s side door. All evidence supports conviction. Certain errors as to fees are corrected. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: May 10, 2023, Case #: 12-22-00042-CR, Categories: Evidence, Murder
J. Hoyle finds the trial court properly classified the community and separate property and in the divorce proceeding, unequally dividing the community estate. The court did not abuse its discretion regarding the characterization of certain property as community or separate property. Reimbursements that the husband was ordered to pay as to a camper he was awarded, improvements to the marital residence, and “time, toil, talent and effort,” were well-considered and properly calculated. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: May 10, 2023, Case #: 12-22-00286-CV, Categories: Family Law, Property, Contract
J. Hoyle finds the trial court properly authorized that psychoactive medication be administered to the hospital patient who was found incompetent to stand trial. All evidence supports the tending doctor's diagnosis of defendant with “Bipolar 1 disorder with psychotic features.” Defendant is delusional and incapable of making treatment decisions for himself. The trial court was free to believe any testimony given, and the medical testimony weighed more truly. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: May 10, 2023, Case #: 12-23-00007-CV, Categories: Civil Rights, Evidence, Commitment