352 results for 'casenum:"05"'.
J. Miskel finds that the lower court properly terminated the mother's parental rights to the child. The mother's counsel has indicated that the appeal is without merit, and the court agrees. The evidence shows that the mother had a history of incarceration and that she tested positive for methamphetamines during the pending case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 15, 2024, Case #: 05-24-00159-CV, Categories: Evidence, Family Law
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: Evidence, Family Law
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, Fraud, Contract
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: Civil Procedure, Landlord Tenant, Contract
J. Kennedy finds on remand from the court of criminal appeals that the lower court properly assessed costs of court in this case stemming from a bond forfeiture. However, the judgment is modified to delete certain fees, which were improperly assessed, including the law library, the appellate fund and the records management fees. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 14, 2024, Case #: 05-20-01005-CV, Categories: Civil Procedure, Forfeiture
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J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: Civil Procedure, Immunity, Jurisdiction
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: Civil Procedure, Contract
J. Goldstein finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after being adjudicated delinquent and allegedly committing “numerous infractions” while in custody. Appellant’s counsel indicated that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 9, 2024, Case #: 05-23-00951-CV, Categories: Civil Procedure, Juvenile Law
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, Tort, Attorney Fees
J. Breedlove finds that the lower court properly granted summary judgment to the insurance company in this coverage dispute arising from storm damage to an insured home. The owner contends on appeal that the lower court erred in "denying her motion to compel mediation." However, the appellant failed to obtain a ruling on her motion, meaning she has not preserved the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: May 2, 2024, Case #: 05-23-00106-CV, Categories: Civil Procedure, Insurance
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: Family Law, Property
J. Smith finds that the lower court properly entered judgment in this negligence suit arising from a car accident. The appellant argues that he should have been awarded damages after the appellee was found by the jury "to be at fault for the accident." However, the jury's finding of zero damages was not "manifestly unjust." Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 30, 2024, Case #: 05-23-00390-CV, Categories: Tort, Damages, Negligence
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: Civil Procedure, Family Law
J. Garcia finds that the lower court improperly granted declaratory relief to the appellee in this breach of contract lawsuit arising from a supplier subcontractor agreement. The evidence shows that a certain email termination was effective "under the substantial-compliance doctrine." The appellant does not establish, however, that the termination defeated the appellee's contract claims. Reversed in part.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 26, 2024, Case #: 05-22-00752-CV, Categories: Evidence, Contract
J. Garcia finds that the lower court properly entered an order in this suit to modify the parent-child relationship. The order required the mother to pay child support to the father, and the mother now argues that the evidence was insufficient to establish "a material and substantial change of circumstances." However, the record does not contain certain interviews, and there is a presumption that "the missing evidence supports the trial judge's finding." Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 05-23-00392-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: Tax, Fiduciary Duty, Jurisdiction
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: Family Law, Contract
J. Carlyle finds that the lower court properly granted the parties a divorce and named the father as the child's sole managing conservator. The mother argues on appeal that the lower court abused its discretion in appointing the father as the child's managing conservator, but this is incorrect based on the lower court's finding that "Mother had a history of family violence, which is supported by the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 18, 2024, Case #: 05-23-00309-CV, Categories: Evidence, Family Law
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: Evidence, Family Law
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: Elections, Evidence, Attorney Discipline
J. Smith conditionally grants the relator husband's petition for a writ of mandamus, in which he challenges a ruling in the lower court "refusing to enter a final judgment based on the parties' Mediated Settlement Agreement." The lower court abused its discretion when it ordered the parties "back to mediation" to reform the agreement in connection with an alleged mistake, as it was not permitted to evaluate the merits of the property division. The court also concludes that the relator has no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 11, 2024, Case #: 05-23-00593-CV, Categories: Civil Procedure, Property, Settlements
J. Breedlove finds that the lower court properly entered a bond ruling, in which it "determined that the joint bond does not suspend enforcement of the judgment as to all judgment debtors" and ordered the debtors to designate which debtor the supersedeas bond applies to. Contrary to the judgment debtors' argument on appeal, the $25 million statutory cap "applies per judgment debtor, not per judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 10, 2024, Case #: 05-23-01168-CV, Categories: Civil Procedure, Damages
J. Reichek finds in this restricted appeal that the lower court improperly terminated the mother's parental rights. The mother argues that her attorney "failed to appear at trial," thus demonstrating ineffective assistance of counsel. The court concludes that a "presumption of prejudice is warranted" under the circumstances and remands the case for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: April 9, 2024, Case #: 05-23-01142-CV, Categories: Civil Procedure, Family Law
J. Carlyle finds that the lower court improperly denied the appellant's motion to compel arbitration of the appellee company's statutory claims for defense and indemnity. The court notes that the arbitration clause at issue "is broad in scope" and concludes that any questions related to the contract "must be determined by the arbitrator." Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 5, 2024, Case #: 05-23-00591-CV, Categories: Arbitration, Indemnification, Contract