26 results for 'judge:"Goldstein"'.
J. Goldstein finds that the lower court properly modified the juvenile's disposition after he was originally adjudicated delinquent and given "a four-year determinate sentence, probated for four years." Following a hearing, the lower court modified his disposition to commit him to the custody of the Texas Juvenile Justice Department. His appointed counsel now indicates that the appeal is without merit, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 4, 2024, Case #: 05-23-00479-CV, Categories: Juvenile Law
J. Goldstein finds that the lower court properly ruled for the appellee in this forcible detainer action. Contrary to the appellant's argument, the lower court did not err by denying his request to abate the proceeding. Also, the "title and possession issues were not inextricably intertwined." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: March 1, 2024, Case #: 05-23-00075-CV, Categories: Civil Procedure, Real Estate
J. Goldstein finds that the lower court properly terminated the mother's parental rights to the child and appointed the Texas Department of Family and Protective Services as managing conservator. Contrary to the mother's argument on appeal, the evidence sufficiently supports the endangerment finding under Subsection (D), as the mother has admitted to "a drinking problem." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: January 30, 2024, Case #: 05-23-00826-CV, Categories: Evidence, Family Law
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J. Goldstein finds that the lower court improperly dismissed the appellant church's contract and fraud case for want of prosecution. The dismissal order indicated that "counsel failed to file a motion for continuance," but counsel was not notified that dismissal would result from not filing the motion. Also, the record lacks the "purported applicable local rules" that the appellees reference. Reversed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 14, 2023, Case #: 05-22-01232-CV, Categories: Civil Procedure, Due Process
J. Goldstein finds that the lower court properly confirmed an arbitration award and entered a final judgment awarding damages to the appellees. The appellant argues that the lower court lacked jurisdiction based on the appellee's failure to pay a filing fee. However, the fee for the underlying dispute had already been paid by the appellant, and there was no requirement "to pay an additional, jurisdictional fee." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 12, 2023, Case #: 05-22-01147-CV, Categories: Arbitration, Jurisdiction
J. Goldstein finds that the lower court properly compelled the parties to arbitration as to the issue of damages in this dispute over certain contractor and landscaping services provided. The appellant property owners argue that the appellee company waived arbitration, but the company's default does not serve "as a waiver of the right to arbitrate." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 8, 2023, Case #: 05-22-00802-CV, Categories: Arbitration, Contract
J. Goldstein finds that the lower court properly granted a temporary injunction against a church enjoining it from continuing with the construction of a building in a subdivision. The ruling was not an abuse of discretion, as the evidence sufficiently showed that the parties owned property in the subject subdivision and "that the properties in that subdivision were subject to the deed restrictions at issue." Further, the deed restriction indicates an intent for the subdivision to be a "uniformly residential development." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: December 5, 2023, Case #: 05-22-01092-CV, Categories: Civil Procedure, Real Estate
J. Goldstein finds that the lower court properly ruled in favor of the bank in this debt collection case. The customer contends that his due process rights were violated when he was given the wrong information about the trial setting by someone in the "administrative office," specifically when he was told that the trial was no longer scheduled for a certain date. However, he failed to preserve the issue for appellate review by raising it in the trial court. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: November 28, 2023, Case #: 05-22-00883-CV, Categories: Civil Procedure, Debt Collection, Due Process
J. Goldstein finds that the lower court improperly granted summary judgment to the bank on the trustee's claim for tortious interference with contract. The bank argued that the statements made by the bank president were true and that the truth represented "an absolute total defense" to the claim. However, there is no authority showing that "a Texas court recognized truth as a stand-alone affirmative defense to tortious interference with an existing contract." Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: October 9, 2023, Case #: 05-21-00878-CV, Categories: Trusts, Interference With Contract
J. Goldstein finds that the lower court improperly granted the amended special appearance filed by one of the appellees in this lawsuit alleging breach of contract and tortious interference with an existing contract. The appellee company allegedly operates a service center in Texas with a manager and 33 employees. There are minimum contacts with the state so as to support specific jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 15, 2023, Case #: 05-22-00770-CV, Categories: Interference With Contract, Jurisdiction, Contract
J. Goldstein finds that the lower court properly granted summary judgment in favor of the appellee company on its breach of contract claim relating to certain agreements for the purchase of gasoline. The appellants challenge the admission of certain exhibits, but the cited table "was properly considered as a business record and provided sufficient evidence in support of summary judgment." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: September 7, 2023, Case #: 05-22-00262-CV, Categories: Evidence, Contract
J. Goldstein finds that the lower court improperly ruled in favor of the appellee university on certain issues in this lawsuit brought by the university's "controlling parental entity," regarding the university's 2019 amendments to the articles of incorporation. The conference had standing to challenge the amendments, which removed "all references to the Conference, including provisions regarding the Conference's ownership and control." Additionally, the lower court erred by dismissing the breach of contract claim and certain declaratory judgment claims brought by the conference. Accordingly, the case is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 26, 2023, Case #: 05-21-00151-CV, Categories: Civil Procedure, Education
J. Goldstein finds that the lower court properly entered final judgment in this lawsuit asserting multiple breach of contract causes of action. The appellant argues that he should have been granted more time "to respond to a summary judgment motion." The record shows that he was granted "at least an additional 30 days." The ruling was not an abuse of discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 25, 2023, Case #: 05-22-00050-CV, Categories: Civil Procedure, Contract
J. Goldstein finds that the lower court properly granted summary judgment to the defendant consultants in this lawsuit asserting claims for fraud and breach of contract in connection with a consulting agreement. The doctor's response to the consultants' summary judgment motion was inadequate. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: July 18, 2023, Case #: 05-21-00881-CV, Categories: Fraud, Contract
J. Goldstein finds that the lower court properly granted summary judgment in favor of the Walmart entities in this negligence lawsuit alleging that the appellant was shot in the store parking lot. The evidence shows that the appellant was a licensee on the premises, as opposed to an invitee, and there was no evidence that Walmart was aware of a "dangerous condition." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 17, 2023, Case #: 05-22-00561-CV, Categories: Evidence, Negligence