33 results for 'judge:"Zimmerer"'.
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a flight attendant's suit after a slip and fall at Bush Intercontinental Airport. There is a fact issue on the challenged elements of the claim, including the city's knowledge of the alleged dangerous condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 23, 2024, Case #: 14-23-00319-CV, Categories: Tort, Immunity, Jurisdiction
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, Vehicle
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: Civil Procedure, Family Law
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: Evidence, Family Law
J. Zimmerer finds that the trial court improperly dismissed healthcare liability claims against the medical center. The family members' expert report sufficiently states the causal relationship between the alleged breaches of the standard of care that led to the death of the decedent from septic shock. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 16, 2024, Case #: 14-22-00911-CV, Categories: Health Care, Experts
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J. Zimmerer finds that the trial court should have dismissed the auto passenger's suit against the city over a crash with a police officer. The city's governmental immunity was not waived since the emergency exception applied to the actions of the officer, who was responding to an armed robbery when the accident occurred. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 4, 2024, Case #: 14-23-00344-CV, Categories: Immunity, Negligence, Jurisdiction
J. Zimmerer finds that the trial court properly granted the city's plea to the jurisdiction in a suit brought by the girlfriend of Mike Ramos, who was shot and killed by an Austin police officer in an incident following a 911 call that claimed a man and woman were in a car using drugs. The decedent's girlfriend failed to show a waiver of governmental immunity since her negligent infliction of emotional distress claim is "based on the commission of an intentional tort." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 28, 2024, Case #: 14-23-00241-CV, Categories: Immunity, Emotional Distress, Jurisdiction
J. Zimmerer finds that the trial court properly entered judgment in a dispute over a settlement agreement that stems from a "failed land transaction." There was no abuse of discretion in the exclusion of proposed testimony regarding an alleged withdrawal of funds from the registry of a different trial court in Brazoria County. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00103-CV, Categories: Property, Contract
J. Zimmerer finds that the trial court properly granted primary custody of the child to the mother and denied the father's plea to the jurisdiction in which he argued the child's home state was India. The evidence shows the mother and child "have a significant connection with Texas," and the time the child spent in India should not be considered since the father had abducted the child in order to establish jurisdiction there. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 26, 2024, Case #: 14-23-00572-CV, Categories: Family Law, Jurisdiction
J. Zimmerer finds that the trial court should have dismissed the homeowner's direct defamation claims against the homeowners' association (HOA) pursuant to the Texas Citizens Participation Act. The homeowner failed to establish a prima facie case of defamation against the HOA since she gave no evidence that it "published any statements about her." Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: March 7, 2024, Case #: 14-23-00509-CV, Categories: Anti-slapp, Defamation
J. Zimmerer finds that the trial court partly erred in its finding of joint and several liability for a breach of contract claim relating to a dispute over sharing of profits for a construction business that involved three individuals. There was insufficient evidence that the bookkeeper for the business was part of the agreement to split the profits. Reversed in part.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: February 1, 2024, Case #: 14-23-00124-CV, Categories: Damages, Contract
J. Zimmerer finds that the trial court properly entered judgment in a suit involving modification of the parent-child relationship. The evidence supports a finding of a "material and substantial change in circumstances" since the previous order in that the father had interfered with the mother's visitation rights as to their child. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 23, 2024, Case #: 14-22-00936-CV, Categories: Evidence, Family Law
J. Zimmerer finds that the trial court improperly denied summary judgment to the city in the family's suit over an auto collision caused by a city police officer who was in pursuit of a fleeing suspect. The city retained its governmental immunity since the officer had acted in good faith in chasing the suspect and had considered the relevant "need/risk balancing factors" during his pursuit. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: January 11, 2024, Case #: 14-23-00061-CV, Categories: Immunity, Negligence, Jurisdiction
J. Zimmerer finds that the evidence did not support the trial court designating the mother as the "primary custodial parent without a geographic restriction." The final order failed to conform to the pleadings, as the temporary orders required a geographic restriction and neither party sought removal of the restriction. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: December 19, 2023, Case #: 14-22-00949-CV, Categories: Evidence, Family Law
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. Zimmerer finds that the juvenile court properly waived jurisdiction and transferred the juvenile to criminal court on his capital murder charge that stems from his role in the robbery and murder of a victim at an apartment complex. There was sufficient evidence to show probable cause that the juvenile committed the alleged offense and that he should be certified as an adult. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 12, 2023, Case #: 14-23-00346-CV, Categories: Family Law, Jurisdiction, Juvenile Law
J. Zimmerer finds that the trial court properly denied the city's plea to the jurisdiction in a motorist's suit filed after an auto collision with an officer who was responding to a robbery. The city failed to conclusively establish that the officer acted in good faith, and there is a fact issue as to whether he was reckless. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: August 29, 2023, Case #: 14-21-00761-CV, Categories: Negligence, Jurisdiction
J. Zimmerer finds that the trial court properly ruled in favor of the law firms in a legal malpractice suit relating to their handling of potential product liability claims involving an allegedly faulty Inferior Vena Cava filter implanted in a patient who passed away. The estate failed to give evidence that the IVC filter in question was defective and caused injury to the decedent. "Therefore, if a lawyer's breach of a duty of care does not cause harm, no valid claim for legal malpractice exists." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: August 8, 2023, Case #: 14-22-00544-CV, Categories: Civil Procedure, Legal Malpractice, Contract
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her three children based on sufficient evidence in support of the findings for endangering conduct and the children's best interest. The mother "did not consistently comply with drug testing" during the case, did not properly address her mental health issues, and failed to show she could provide the children a stable and safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 13, 2023, Case #: 14-23-00119-CV, Categories: Evidence, Family Law
J. Zimmerer finds that the trial court properly ruled in favor of the law firm parties in a suit alleging they mishandled a patent application for an inventor and his entities. One of the entities had been terminated and thus lacked standing to file suit. Also, the inventor is barred from recovering lost revenues of the entities by the "corporate injury rule." Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 13, 2023, Case #: 14-22-00410-CV, Categories: Patent, Negligence, Legal Malpractice