167 results for 'casenum:"13"'.
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: Health Care, Experts, Contract
J. Contreras finds that the lower court properly terminated the father’s parental rights to his daughter. The evidence sufficiently supports the statutory grounds for termination, specifically that he failed to comply with certain “requirements ordered by the court.” Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: May 9, 2024, Case #: 13-24-00040-CV, Categories: Evidence, Family Law
J. Silva finds that the lower court properly modified the appellant’s probation “to a placement at a secure, post-adjudication juvenile facility” after he was adjudicated as delinquent. On appeal, he contends that the modification order violated his constitutional rights, but he failed to preserve the argument for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 9, 2024, Case #: 13-24-00098-CV, Categories: Civil Procedure, Constitution, Juvenile Law
J. Benavides conditionally grants the relator’s petition for a writ of mandamus, in which he challenges a ruling in the lower court granting his pre-suit deposition. The entity seeking the deposition failed to show why the deposition should occur in a Rule 202 proceeding. Accordingly, the order granting the request was an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 8, 2024, Case #: 13-23-00410-CV, Categories: Civil Procedure, Discovery
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J. Benavides finds that the lower court improperly dismissed the appellant's claim against a certain correctional officer "for allegedly violating his constitutional right to access the courts." The court concludes that the appellant was "entitled to proceed with his suit" against the officer at the time of dismissal. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 2, 2024, Case #: 13-23-00346-CV, Categories: Civil Procedure, Constitution
J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: Evidence, Damages, Contract
J. Silva finds that the lower court properly terminated the parental rights of the mother to her two children. Contrary to the mother's arguments on appeal, the evidence sufficiently supports the statutory grounds for termination and the lower court's best interest finding. There was evidence of drug use by the mother while she was pregnant. There was also evidence that she failed to complete her service plan and testimony that the children's current foster placement is with a "loving home." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: April 25, 2024, Case #: 13-23-00591-CV, Categories: Evidence, Family Law
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: Immunity, Jurisdiction, Contract
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, Medical Malpractice
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, Attorney Fees, Contract
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, Family Law, Contract
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Silva finds that the lower court improperly entered final judgment for the appellee in this lawsuit concerning an alleged business partnership in "construction and real estate matters." The lower court erred in ordering death penalty sanctions, as the evidence did not show that "the failure to produce discovery could be attributed to appellants." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 28, 2024, Case #: 13-23-00127-CV, Categories: Civil Procedure, Sanctions
J. Pena finds that the lower court properly denied the city's plea to the jurisdiction, in which it sought to dismiss this premises liability lawsuit arising from an alleged bicycle accident on a city bike trail. The city's evidence established "the applicability of the recreational use statute," but it failed to address "the nature of the defect or whether it had knowledge of it." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: March 28, 2024, Case #: 13-22-00401-CV, Categories: Negligence, Jurisdiction
J. Longoria finds that the lower court properly terminated the mother's parental rights to her child. The evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine, failed to comply with her service plan and admitted to not knowing "how to fully care for her own children." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: March 28, 2024, Case #: 13-23-00583-CV, Categories: Evidence, Family Law
J. Contreras finds on rehearing that the lower court improperly granted the husband's claims for reimbursement and reconstitution of the marital estate due to fraud. The evidence does not support his reimbursement claim, which was based on his alleged efforts to enhance the wife's separate property. Also, the evidence does not show that the wife committed fraud against the community. Reversed in part.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 28, 2024, Case #: 13-23-00343-CV, Categories: Family Law, Property
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which it challenges an order in the underlying proceeding denying its motion for protection. The lower court erred by requiring the relator "to provide the requested documentation when the provisions of the finance code were not followed." The lower court is accordingly directed to vacate the order.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 26, 2024, Case #: 13-24-00053-CV, Categories: Civil Procedure, Discovery
Per curiam, the New Jersey Supreme Court finds that the appellate division properly overturned an order limiting testimony from the alleged eight-year-old victim in defendant's trial for sexually molesting the child during music instruction. The child's video statement was testimonial, and defendant's right to confront witnesses did not depend on the victim's ability to recall details six years later. Affirmed.
Court: New Jersey Supreme Court, Judge: Per curiam, Filed On: March 26, 2024, Case #: A-13-23, Categories: Confrontation, Sex Offender, Child Victims
J. Tijerina conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order for sanctions in the underlying proceeding. The lower court abused its discretion by sanctioning the attorneys "$1,000 each day until they deposit insurance settlement proceeds that belong to a non-party into the registry." The evidence does not show that they "were willfully non-compliant, or willfully ignorant," but instead shows that the non-party did not consent to the ordered deposit.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 22, 2024, Case #: 13-23-00581-CV, Categories: Civil Procedure, Sanctions, Settlements
J. Hodge finds the former lawmaker and the taxpayer's lawsuit against the Virgin Islands Legislature and its president over the lawmaker's expulsion from the Legislature after an investigation into his alleged sexual harassment of a female employee must be dismissed. The "speech or debate clause" of the Revised Organic Act bars all claims against the president on immunity grounds, as well as the claim for money damages against the Legislature due to that body's sovereign immunity. Remaining claims against the Legislature in the lawsuit not barred on those immunity grounds must be dismissed because they are non-justiciable, as allowing them to proceed would violate the Legislature's authority to "administer its own affairs as a co-equal branch of government," including with regard to actions disciplining or expelling its members.
Court: Virgin Islands Supreme Court, Judge: Hodge, Filed On: March 22, 2024, Case #: 2024 VI 13, Categories: Constitution, Government
J. Benavides finds that the lower court properly denied the appellants' motion to transfer venue from Hidalgo County in this wrongful death lawsuit arising from a fatal accident involving two commercial vehicles. The family sufficiently showed that one of the drivers "was maintaining a residence in Hidalgo County at the time of the accident." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 21, 2024, Case #: 13-23-00135-CV, Categories: Wrongful Death, Venue
J. Silva finds that the lower court properly denied the appellant funeral home's motion to compel arbitration of the family members' negligence claims stemming from the appellant's handling of the decedent's remains. The funeral home contends that the decedent's sister signed a funeral services agreement that contained a valid arbitration clause and also argues that the appellees "were bound by this agreement" under the doctrine of direct-benefits estoppel. However, the court concludes that the claims at issue are "outside the scope of the agreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 21, 2024, Case #: 13-23-00297-CV, Categories: Arbitration, Negligence, Contract
J. Contreras finds that the lower court improperly granted summary judgment to the defendant store in this premises liability lawsuit alleging that a shopper was injured when she "slipped and fell on some water." The lower court erred in excluding certain expert testimony, specifically regarding the store's maintenance of the roof and its efforts to "contain the leak." Additionally, there are fact issues remaining for the jury. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 21, 2024, Case #: 13-23-00205-CV, Categories: Evidence, Negligence, Experts
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: Tort, Immunity, Jurisdiction
J. Tijerina finds the lower court properly granted summary judgment to the bar in this lawsuit filed by a patron asserting claims for slander and intentional infliction of emotional distress after he was allegedly removed from the premises by a bouncer based on a complaint by another patron. The bar sufficiently established its qualified privilege defense, as the communication at issue was made by the bar's employees and there was no evidence of malice. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-22-00287-CV, Categories: Defamation, Emotional Distress
[Consolidated.] J. Benavides conditionally grants, in part, the mother's petition for a writ of mandamus, in which she challenges a lower court ruling designating a nonparent as her son's managing conservator. The lower court must vacate its previous orders, issued in June 2023, as the department failed to timely file its motion for reconsideration.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 7, 2024, Case #: 13-23-00433-CV, Categories: Civil Procedure, Family Law