32 results for 'judge:"Carlyle"'.
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. 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
J. Carlyle finds that the lower court properly entered a take-nothing judgment following a jury trial in this lawsuit stemming from an automobile accident. The appellant argues that the lower court improperly seated a juror "against whom he had exercised a peremptory challenge," but he failed to timely object to the issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 1, 2024, Case #: 05-22-00920-CV, Categories: Civil Procedure, Jury, Tort
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J. Carlyle finds that the lower court properly granted the appellee company's summary judgment motion and plea to the jurisdiction. The pro se appellant contends that the lower court violated due process "when it dismissed her claims despite lacking jurisdiction to reach the merits." But courts must dismiss the case when there is a lack of jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 22, 2024, Case #: 05-22-01357-CV, Categories: Civil Procedure, Jurisdiction, Contract
J. Carlyle finds that the lower court properly granted summary judgment for the defendant law firm in this suit brought by a liquidating trustee alleging breach of fiduciary duty, legal malpractice, fraudulent transfer and participatory liability, based on the firm's involvement in a recapitalization plan. Summary judgment was appropriate "based on the absence of standing" regarding certain "allegedly assigned causes of action." Also, the firm negated an essential element of the breach of fiduciary duty claim, specifically as to an alleged improper benefit. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-00264-CV, Categories: Fraud, Fiduciary Duty, Legal Malpractice
J. Carlyle conditionally grants the relator's petition for a writ of mandamus, in which she challenges an order in the underlying proceeding granting a new trial. The court concludes that the order is "facially deficient" and that the relator is entitled to mandamus relief. Specifically, the new trial order fails to identify "a valid reason for a new trial," which amounts to an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 13, 2024, Case #: 05-23-01197-CV, Categories: Civil Procedure
J. Carlyle finds that the lower court improperly awarded damages to the plaintiff food company on its negligence claims against two poultry suppliers. The award is precluded by the economic loss rule. Also, the chicken tender manufacturer's cross-claims for breach of contract against the poultry suppliers were not supported by sufficient evidence. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 2, 2024, Case #: 05-22-01231-CV, Categories: Agriculture, Negligence, Contract
J. Carlyle finds that the lower court improperly awarded loss-of-use damages to the manager of an advertising billboard in this dispute with a car dealership. The car dealership allegedly denied the billboard company access to the billboard structure at issue, and the company sued for conversion. The evidence sufficiently supports the lower court's partial summary judgment in favor of the billboard company, though it does not support the damages award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: December 27, 2023, Case #: 05-22-01366-CV, Categories: Damages, Conversion
J. Carlyle finds that the lower court improperly rendered judgment notwithstanding the verdict as to attorney fees in this suit concerning a Rule 11 settlement agreement. The appellee failed to timely object to the evidence regarding fees. Accordingly, her segregation complaint was waived. Also, the evidence sufficiently supported the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: December 8, 2023, Case #: 05-23-00080-CV, Categories: Evidence, Attorney Fees, Contract
J. Carlyle finds that the lower court properly entered a final decree of divorce, awarding the wife 60 percent of the parties' home. On appeal, the husband fails to sufficiently overcome the presumption that the lower court "properly exercised its discretion when dividing the marital assets." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: November 2, 2023, Case #: 05-22-01118-CV, Categories: Family Law, Property
J. Carlyle finds that the lower court properly appointed a receiver to sell certain property belonging to a company, in which the parties hold equal membership interests. The appellant contends that the lower court violated due process after it "took judicial notice of all testimony and evidence introduced at the trial." However, he failed to preserve the issue by objecting at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: September 11, 2023, Case #: 05-22-01227-CV, Categories: Civil Procedure, Property, Business Practices
J. Carlyle finds that the lower court improperly entered an order certifying a class action as it relates to the tenants' section 92.056(g) claims against a landlord. The tenants may not proceed with their claims under that specific section, which relates to certain allegedly "missing lease language." The rest of the order is due to be affirmed, however, and the case is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: August 22, 2023, Case #: 05-22-00781-CV, Categories: Landlord Tenant, Real Estate, Class Action
J. Carlyle finds that the lower court properly entered judgment in accordance with a jury verdict, awarding the appellant damages only for "certain past medical expenses" in connection with an automobile accident. Contrary to the appellant's argument, there was no error in the exclusion of the "untimely disclosed evidence." The judgment is modified, however, to award the appellant court costs. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: August 14, 2023, Case #: 05-22-00455-CV, Categories: Tort, Damages
J. Carlyle finds that the lower court properly denied the pilot's request for attorney fees following a jury trial in this breach of contract lawsuit against a former employer. The lower court entered a take-nothing judgment against both parties but granted the pilot's declaratory judgment claim. However, the record does not establish his right to fees as a matter of law. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 30, 2023, Case #: 05-22-00919-CV, Categories: Attorney Fees, Contract
J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child and named the Department of Family and Protective Services sole managing conservator of the mother's child. The father's appointed counsel has indicated that there are no grounds for reversal, and the court agrees, noting "ample evidence" of endangerment. As to the mother, she "refused to believe her children's outcries," and there was evidence that she was "indifferent" towards the alleged abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 29, 2023, Case #: 05-23-00134-CV, Categories: Evidence, Family Law
J. Carlyle finds that the lower court properly entered a default judgment in favor of the appellee company in this lawsuit asserting claims for breach of contract and judicial foreclosure. The appellant company does not argue that the petition "failed to adequately plead" the claims, and it has not shown "error apparent on the face of the record." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 26, 2023, Case #: 05-22-00149-CV, Categories: Civil Procedure, Real Estate, Contract
J. Carlyle finds that the lower court properly granted the appellee company's motion for summary judgment and expungement of a notice of lis pendens. There was no error in the dismissal of the appellant company's breach of contract claim relating to "its claimed interest in certain real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 21, 2023, Case #: 05-22-00501-CV, Categories: Real Estate, Contract
J. Carlyle finds that the lower court properly allowed the appellant's motions to be overruled by operation of law in this breach of contract lawsuit against an attorney. The suit was dismissed under rule 91a, and the appellant fails to negate "at least one valid ground on which the trial court could have relied in granting rule 91a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 13, 2023, Case #: 05-21-01061-CV, Categories: Attorney Fees, Contract
J. Carlyle finds that the lower court properly determined appellant to be a sexually violent predator in this civil commitment case. Contrary to his argument on appeal, the evidence sufficiently establishes the existence of a "behavioral abnormality." The statutory definition is not ambiguous, as he contends, and an expert witness testified as to the abnormality. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01141-CV, Categories: Evidence, Commitment, Experts
J. Carlyle finds that the lower court properly rendered a no-evidence summary judgment in favor of the owners of a car dealership in this premises liability case involving an alleged slip and fall. The customer failed to adequately respond to the owners' no-evidence motion. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01058-CV, Categories: Evidence, Tort