2,091 results for 'court:"Texas Courts of Appeals"'.
J. Byrne finds the court of appeals properly ruled against an investor who sued the members of a company, claiming he was also a member who had a stake in real estate it had purchased. Looking at the plain language of the agreement establishing membership to the company, the investor was required to make capital contributions. Because those contributions were never made, he cannot be considered a member under the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 20, 2023, Case #: 03-21-00513-CV, Categories: Corporations, Business Practices, Contract
J. Johnson finds the trial court properly terminated the mother’s parental rights to her four minor children. The mother’s appointed attorney submitted a brief contending that there are no meritorious issues for appeal, and the appeals court, by thorough review, finds nothing in the record to support and appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: October 19, 2023, Case #: 09-23-00131-CV, Categories: Family Law, Guardianship
Per curiam, the appellate court conditionally grants USA Today’s mandamus petition to enforce a mandatory venue provision after the trial court denied its motion to transfer to Dallas County, where the tax services company filing this defamation suit maintains its principal office. When an LLC sues for defamation, the county in which it resided at the time of the accrual of the cause of action is the county where it maintains its principal office. The tax servicer did not file suit in Dallas County.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 19, 2023, Case #: 09-23-00140-CV, Categories: Tax, Defamation, Jurisdiction
J. Horton finds the trial court properly terminated a mother’s relationship with her 18-month-old child. The court’s final order states that clear and convincing evidence shows she “has knowingly placed or allowed [the child] to remain in conditions ... endanger[ing] her well-being and engaged in conduct or knowingly placed [the child] with persons who engaged in conduct which endanger[ed her] physical or emotional well-being.” The mother’s attorney filed a brief stating that no arguable grounds exist to support the appeal, and all evidence supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 19, 2023, Case #: 09-23-00141-CV, Categories: Evidence, Family Law, Guardianship
J. Smith finds that the trial court properly ruled to terminate a mother's parental right to her two children. The mother's court-appointed counsel, in a motion to withdraw, argues that the appeal is "frivolous and without merit." Upon review of the record, it can be concluded that the trial court did not err in its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-23-00325-CV, Categories: Family Law
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J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00052-CV, Categories: Vehicle, Damages, Jurisdiction
J. Rodriguez finds a lower court ruled correctly in granting a directed verdict to a businessman after he was sued by a former business partner seeking equitable contribution following a lawsuit with a subcontractor. The former business partner cannot bring an equitable contribution case because she offered “no evidence” that she made “a compulsory payment of more than her fair share of the parties’ common obligation.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 19, 2023, Case #: 08-23-00031-CV, Categories: Damages, Business Practices, Contract
J. Palafox finds a lower court ruled correctly in denying special appearance in a lawsuit stemming from a car crash. The trucking company argued this court did not have jurisdiction over the matter, but in fact the trucking company “purposefully availed itself of the privilege of conducting activities in Texas” and had the minimum contacts necessary for this court to have jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: October 19, 2023, Case #: 08-23-00066-CV, Categories: Vehicle, Damages, Jurisdiction
J. Golemon finds the county court improperly denied the Texas Department of Transportation’s motion for no evidence summary judgment and to dismiss this personal injury suit brought by the motorcyclist who crashed due to hitting a pothole. The pothole was not a special defect caused by the department’s actions and there is no evidence that the agency had actual knowledge of the danger of the pothole when the accident occurred. There is no waiver of sovereign immunity under the Texas Tort Claims Act without this evidence, and the trial court lacks subject matter jurisdiction. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00256-CV, Categories: Government, Vehicle, Negligence
J. Smith finds that the trial court properly ruled in favor of a car dealership that sought to dismiss a negligence suit brought by an employee who was injured at work. On appeal, the employee argues that despite being covered by workers' compensation insurance, the dealership is still liable for negligence because the task he was doing when he was injured was not a part of his usual responsibilities. The employee was acting as a worker when he was injured and because the dealership covered him under its insurance, his claims are barred under the Workers' Compensation Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: October 19, 2023, Case #: 03-21-00512-CV, Categories: Negligence, Workers' Compensation
J. Silva finds that the lower court improperly denied the appellant funeral home's motion to compel arbitration in this dispute concerning embalmment and visitation services provided under a contract. The appellee, who is the daughter of the decedent, was bound by the arbitration agreement, since she "received a benefit of the contracted service." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-23-00042-CV, Categories: Arbitration, Contract
J. Trotter 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 lower court's findings. The record indicates that the children had bruising and that the home was "extremely unsanitary." Additionally, the record indicates a history of domestic violence between the parents. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 19, 2023, Case #: 11-23-00120-CV, Categories: Evidence, Family Law
J. Silva finds that the lower court properly denied the corporate appellant's petition seeking a refund for "overpayment of state franchise taxes." There is no error in the finding that the oil and gas company's settlement payment, which was made to BP in connection with the 2010 oil spill, was not deductible, since "it was a payment for tort damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: October 19, 2023, Case #: 13-21-00335-CV, Categories: Energy, Settlements, Tax
J. Contreras finds that the lower court properly dismissed the appellant company's claims concerning the purchase of a fitness center, which allegedly had "significant defects." The lower court did not err by granting summary judgment to the appellees on the appellant company's misrepresentation claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: October 19, 2023, Case #: 13-22-00610-CV, Categories: Real Estate, Contract
J. Contreras finds that the lower court properly awarded damages for future physical impairment in this suit arising from a motor vehicle accident. The evidence sufficiently supports the award of $60,000. While some evidence might have been ambiguous, the jury could believe "the testimony of witnesses at trial and determine their credibility." Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: October 19, 2023, Case #: 13-22-00534-CV, Categories: Tort, Damages, Negligence
J. Golemon finds the trial court improperly granted the insured party summary judgment on claims alleging a breach of the duty of good faith and fair dealing, which arise from the insurer’s failure to provide wind-driven rain coverage in its basic residential policy. Though insurance code requires windstorm and hail policies to include coverage for wind-driven rain, that coverage can be made available through an endorsement requiring a premium to compensate for the additional risk. The Texas Deceptive Trade Practices Act does not authorize claimants to bring good faith and fair dealing claims against the provider. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 19, 2023, Case #: 09-22-00173-CV, Categories: Insurance, Contract
J. Wise finds that the trial court improperly terminated the father's parental rights to his child. The evidence was insufficient to support the finding of endangering conduct by the father. Also, the issue of conservatorship is remanded for due process violations since the father was not given notice of the hearings or provided with an ad litem attorney. Reversed in part.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: October 19, 2023, Case #: 14-23-00287-CV, Categories: Evidence, Family Law, Due Process
J. Johnson finds that the trial court properly refused to dismiss property owners' claims stemming from an inaccurate survey that did not show retaining walls that had been built onto neighboring lots. A certificate of merit was not required in this case since the accused parties that performed the survey were not "licensed or registered surveyors." Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 19, 2023, Case #: 10-22-00378-CV, Categories: Civil Procedure, Property, Negligence
J. Partida-Kipness finds that the lower court properly confirmed an arbitration award in favor of the appellees in this dispute arising from the "purchase of an ambulatory surgery center." The appellant company argues that the award should be vacated based on the arbitrator's alleged "manifest disregard of the law," but that is not a valid ground for vacating the arbitration award. Also, there is no full arbitration record. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: October 19, 2023, Case #: 05-22-00581-CV, Categories: Arbitration, Civil Procedure
J. Trotter finds that the lower court properly entered a judgment clarifying and enforcing portions of the parties' divorce decree. Contrary to the appellant's argument, the "voluntary-payment rule does not apply" in this case. Additionally, the clarification order is sufficiently supported by the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 19, 2023, Case #: 11-22-00204-CV, Categories: Family Law, Property
J. Neeley finds the trial court properly convicted defendant for possession with intent to deliver meth, sentencing him to 65 years in prison. Defendant did not file a pretrial motion to suppress challenged evidence, and did not object when a shotgun, a jar containing 8-balls of meth, and a rifle, magazine, and ammunition were offered into evidence. His challenge to suppress the evidence obtained through warrant is not preserved for review. All evidence is sufficient to support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 18, 2023, Case #: 12-22-00283-CR, Categories: Drug Offender, Evidence, Search
J. Pedersen finds that the lower court improperly denied the airline appellants' motion to transfer venue in this case alleging discrimination and breach of contract after a family was allegedly removed from a flight. The appellants presented evidence that the incident took place in Tarrant County, as opposed to Dallas County. Accordingly, the case is remanded for the lower court to transfer the case to Tarrant County. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: October 18, 2023, Case #: 05-23-00621-CV, Categories: Transportation, Venue, Contract
J. Horton finds the trial court improperly revoked defendant’s probation, sentencing him to five years in prison on his no-contest plea conviction for meth possession. When the court conducted the probation revocation hearing if found that docket sheet reflected that it released defendant’s attorney at a “Probation Revocation Announcement.” No other attorney was appointed in the hearing, and nothing in the appellate record shows that the trial court warned defendant about the danger of representing himself. Reversed and remanded.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-22-00338-CR, Categories: Drug Offender, Probation, Self Representation
J. Horton finds the trial court properly convicted defendant for the murder of her 81-year-old father. Though defendant originally said that her father committed suicide by hitting himself with his fists, a spatula and a rolling pin, she later said that he attacked her, and she hit him with the objects in self-defense. Statements made by a detective who was at the scene regarding his beliefs about defendant’s innocence were not objected to at trial and are not preserved for review. Defendant filed no post-judgment motions, and her attorney did not testify. The appeals court has no record to explain why her attorney didn’t object. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: October 18, 2023, Case #: 09-21-00312-CR, Categories: Evidence, Murder
[Consolidated.] J. Golemon finds the trial court properly convicted defendant for continuous sexual abuse of a child and sexual assault of a child. A victim testified that her stepfather started molesting her when she was 11, and that when she was 16, she told her grandmother about the abuse. She also testified that he sexually abused her sister. All evidence supports the conviction. Defendant opened the door to the admissibility of a video showing him assault the victims’ brother when he, representing himself, questioned the victim about why she did not tell authorities about anything other than sexual acts occurring at the house. Defendant’s objections at trial do not comport with his arguments on appeal and the issues are not preserved. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: October 18, 2023, Case #: 09-22-00429-CR, Categories: Evidence, Sex Offender, Child Victims
J. Zimmerer finds that the trial court properly ruled in favor of the healthcare parties in a patient's suit alleging that her perforated bowel was caused by a negligently-performed gynecological surgery. The patient failed to show good cause to modify the agreed docket control order, and she had adequate time for discovery before the summary judgment motion was decided. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 17, 2023, Case #: 14-22-00735-CV, Categories: Health Care, Negligence
J. Reichek finds that the lower court improperly denied the city's plea to the jurisdiction in this premises liability lawsuit involving an alleged trip and fall incident on a city sidewalk. There was no evidence that the city had knowledge of "a condition creating an unreasonable risk of harm." There were no prior injuries caused by the sidewalk, which included a change in elevation between two sections of the concrete. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: October 17, 2023, Case #: 05-22-01001-CV, Categories: Tort, Jurisdiction
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: Civil Procedure, Insurance, Property