7 results for 'cat:"Civil Procedure" AND cat:"Conversion"'.
J. Theofanis finds that the trial court properly ruled against car owners who sued a collision repair shop that allegedly forced them to pay fees to recover their car. Because the car owners filed their claims two years and five days from the date of the incident, their claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 24, 2024, Case #: 03-23-00265-CV, Categories: civil Procedure, conversion
J. Garcia finds that the lower court improperly granted the congregants' Rule 12 motion with prejudice in this church-related dispute. The lower court abused its discretion with the ruling, as a Rule 12 determination "is not merits based." The matter is accordingly remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: November 16, 2023, Case #: 05-23-00250-CV, Categories: civil Procedure, conversion
J. Wood finds that the county court improperly granted the landlords' motion for summary judgment, dismissing with prejudice the tenant's complaint for forcible entry and detainer, trespass, and conversion. The landlords acknowledge that they did not seek summary judgment against the tenant, and they do not contest the argument for reversal on this issue. When ruling on a motion for summary judgment, a circuit court cannot grant relief beyond that prayed for in the motion. Other issues regarding the tenant's wife's party to the lease were properly dismissed. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: September 27, 2023, Case #: CV-22-581, Categories: civil Procedure, Landlord Tenant, conversion
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J. Traver finds the trial court improperly entered final judgement in favor of the company on its claim for civil theft against an investor. A directed verdict should have been entered in favor of the investor since the company received his check for the full debt and waived any argument of noncompliance with its demand letters. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: June 23, 2023, Case #: 6D23-83, Categories: civil Procedure, conversion