29 results for 'judge:"Breedlove"'.
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. 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. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: Insurance, Settlements, Tort
J. Breedlove finds that the lower court improperly granted summary judgment in favor of the appraisal district in this dispute over a certain property tax. The parties' agreement did not indicate that the property owner "agreed to a valuation of the property during the relevant tax year or that it intended to waive its right to challenge the District's valuation." Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 23, 2024, Case #: 05-23-00270-CV, Categories: Real Estate, Tax
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Breedlove finds that the lower court properly granted summary judgment to the restaurant owner in this negligence lawsuit brought by an employee who was allegedly injured in a slip and fall incident while at work. The restaurant was entitled to judgment based on the exclusive-remedy defense, as there was sufficient evidence of workers' compensation coverage. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 21, 2024, Case #: 05-23-00086-CV, Categories: Negligence, Workers' Compensation
J. Breedlove finds that the lower court improperly awarded damages to the bank in this breach of contract case involving the lease of an aircraft. The evidence is not sufficient to support the award for damages, specifically regarding "diminution in value of the aircraft." The attorney fees must also be reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 7, 2024, Case #: 05-22-01057-CV, Categories: Damages, Banking / Lending, Contract
J. Breedlove finds that the lower court improperly granted summary judgment for the appellees on the appellant's claims for breach of contract and fraud in the inducement. The appellant sufficiently raised a fact issue as to whether the appellees breached the parties' franchise consulting agreement, based on allegedly unpaid royalties. Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: February 2, 2024, Case #: 05-23-00040-CV, Categories: Civil Procedure, Contract
J. Breedlove finds that the lower court properly entered a directed verdict in favor of the law firm on the client's counterclaims for deceptive trade practices and usury. The law firm sued the client for breach of contract, seeking to recover certain fees. The lower court did not err by failing to submit the client's counterclaims to the jury. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: November 28, 2023, Case #: 05-22-01285-CV, Categories: Attorney Fees, Contract
J. Breedlove finds that the lower court improperly awarded damages to the appellees in this defamation case arising from the purchase of their dental practice and certain subsequent communications. The evidence does not sufficiently support the amount of the awards, and the court will render a judgment that they "take nothing on these claims." Reversed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: November 16, 2023, Case #: 05-22-01066-CV, Categories: Damages, Defamation
J. Breedlove denies the motion for rehearing but withdraws the previous opinion in this case and substitutes the current memorandum opinion, holding that the lower court properly authorized the sale of certain real property owned by an estate. The appellant seeks to set aside the conveyance, arguing that "Chapter 23A was the exclusive method for partitioning the property." However, the lower court did not err by proceeding under the Estates Code. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: October 31, 2023, Case #: 05-22-00673-CV, Categories: Civil Procedure, Real Estate, Wills / Probate
J. Breedlove finds that the lower court properly terminated the mother's parental rights to her children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest findings. The record indicates that the home lacked working utilities and was "completely filthy." Additionally, the mother had a criminal history, and at one point, she "denied having any children." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: September 11, 2023, Case #: 05-23-00533-CV, Categories: Civil Procedure, Family Law
J. Breedlove finds on remand from the Texas Supreme Court that the lower court properly terminated the mother's parental rights to her child. The evidence sufficiently supports the jury's best interest findings, as well as the lower court's judgment. The mother had a history of drug use, and she failed to attend all of her visits with the child, "even when they were virtual." Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: September 6, 2023, Case #: 05-21-00898-CV, Categories: Civil Procedure, Family Law
J. Breedlove finds that the lower court improperly ruled in favor of the tenant as to her claim for breach of the implied warranty of quiet enjoyment. There was no jury finding as to abandonment, which is "an essential element" of the claim. The judgment on the boyfriend's premises liability claim should also be reversed, as the evidence does not show that the property owner owed him "a duty to protect him against the criminal acts of third parties." Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: September 6, 2023, Case #: 05-22-00166-CV, Categories: Civil Procedure, Landlord Tenant
J. Breedlove finds that the lower court improperly denied dismissal of certain claims pursuant to the Texas Citizens Participation Act in this dispute between "direct competitors in the oil and gas industry." The email at issue, which allegedly included statements about the plaintiff company, pertained to "a matter of public concern," and the plaintiff company failed to establish "a prima facie case of damages." Reversed in part.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: August 29, 2023, Case #: 05-22-01260-CV, Categories: Civil Procedure, Damages, Defamation
J. Breedlove finds that the lower court properly ruled in favor of the appellee in this suit concerning certain real property and bank accounts, which were allegedly not divided in the parties' divorce. The evidence sufficiently supports a finding that the divorce "disposed of all property subject to division." Specifically, the evidence shows that certain India properties were sold prior to mediation. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: August 21, 2023, Case #: 05-22-00022-CV, Categories: Family Law, Property, Real Estate
J. Breedlove finds that the lower court properly ruled in favor of the taxing units in this suit to collect allegedly delinquent ad valorem taxes owed on business personal property. The appellant restaurant argues that the taxing units did not establish a prima facie case under the tax code, but it failed to adequately preserve this issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: July 11, 2023, Case #: 05-22-00586-CV, Categories: Civil Procedure, Tax
J. Breedlove finds that the lower court properly granted summary judgment to the plaintiff finance company in this breach of contract lawsuit against a car dealership. The car dealership challenges a ruling to exclude certain summary judgment evidence, but it failed to address "all 19 grounds for exclusion" of the affidavits at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 21, 2023, Case #: 05-22-00692-CV, Categories: Civil Procedure, Evidence, Contract
J. Breedlove finds that the lower court properly committed the appellant for treatment under the Texas Civil Commitment of Sexually Violent Predators Act. Contrary to the appellant's argument, the lower court did not err by admitting testimony regarding certain alleged offenses, which were unadjudicated. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 7, 2023, Case #: 05-22-00299-CV, Categories: Evidence, Commitment