33 results for 'judge:"Gray"'.
J. Gray finds that the lower court improperly tossed a lawsuit stemming from a car accident. The lower court tossed it on the grounds that it was barred by the statute of limitations, but because one of the people involved in the car crash did not attempt to locate the other party while they were out of state, the statute of limitations had not yet begun to toll. The case was not untimely as a result and can proceed. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: March 29, 2024, Case #: S-23-0219, Categories: Civil Procedure, Tort
J. Gray finds that the trial court properly terminated the father's parental rights to his children based on sufficient evidence to support the endangerment and best interest findings. The father admitted to using illegal drugs, was aware the mother had used drugs during her pregnancy, and did not regularly visit the children after their removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: March 28, 2024, Case #: 10-23-00294-CV, Categories: Evidence, Family Law
J. Gray finds that the mother's parental rights were properly terminated based on sufficient evidence that she constructively abandoned the child. The mother missed the majority of her allowed weekly visits with the child and in one instance said she could not make a visit because she "was in Dallas working on her rap career." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: February 29, 2024, Case #: 10-23-00288-CV, Categories: Evidence, Family Law
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J. Gray finds that the lower court properly found in favor of an insurance company regarding claims from a former sales agent who says he was fired without good cause and because of his age. The former employee's claims were backed by "unsubstantiated theories" and too few facts, and the lower court was correct in tossing them. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: February 8, 2024, Case #: S-23-0133, Categories: Employment, Employment Discrimination
J. Gray finds that the lower court improperly determined that a warranty deed for the transferring of property was invalid because of a defectively acknowledged signature. The deed was valid under all the other relevant factors, and a lack of the correct acknowledgment is "no bar" to the enforcement of the deed. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0152, Categories: Property, Trusts
J. Gray finds that the lower court improperly denied defendant's request to cancel his requirement to register as a sex offender. That requirement can be struck after an offender has been registered for at least 10 years, but the lower court denied defendant's request by finding that his time during probation, which was five years, could not count towards that 10-year period. The clear language of the law shows there is no need to complete probation before the 10-year clock begins. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 23, 2024, Case #: S-23-0185, Categories: Sentencing, Sex Offender
J. Gray finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the best interest finding. This includes the mother's drug use during pregnancy, failure to complete recommended services and failure to attend the final hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 18, 2024, Case #: 10-23-00261-CV, Categories: Evidence, Family Law
J. Gray finds that the lower court properly granted the wife of decedent the right of spousal election against her husband's will. The will in question did not make the proper provisions for the wife, leaving her deprived of her elective share of the estate and entitled to spousal election as a result. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 12, 2024, Case #: S-23-0114, Categories: Family Law, Wills / Probate
J. Gray finds that the trial court improperly granted the city's plea to the jurisdiction in a dispute with a property owner over the construction of a power line. The owner has standing to bring an inverse condemnation claim based on the 2015 taking of his property. Reversed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: January 11, 2024, Case #: 10-21-00130-CV, Categories: Property, Jurisdiction
J. Gray finds that the lower court properly ruled in part in a custody dispute between two parents going through divorce proceedings. The lower court ultimately gave primary physical custody to the father and upped the mother's visitation rights, and in doing so properly held that the mother was not entitled to a psychological evaluation of the children as part of the proceedings. However, the lower court improperly excluded evidence regarding the mother's mental health and failed to designate a final decision maker. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: January 10, 2024, Case #: S-23-0106, Categories: Family Law
J. Gray finds that the lower court properly issued a divorce decree in a divorce dispute. The former husband takes issue with the fact that the decree was issued by a successor judge after the judge who carried out the trial retired. He says the new judge violated his due process rights by making findings without a "formal certification," but the former husband waived those related rights during trial. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: December 12, 2023, Case #: S-23-0130, Categories: Civil Procedure, Family Law
J. Gray finds that the lower court properly issued an order dividing marital assets in a divorce dispute. The former wife requested an alteration to the order on the grounds that she be allowed to make her equalization payment in installments instead of a lump sum, which the lower court granted, but the husband claims that her request should have been tossed. In support of his argument, he cites only one prior case that is not relevant to this case and his general complaint lacks a "cogent argument." Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 8, 2023, Case #: S-23-0099, Categories: Family Law
J. Gray finds that the lower court properly issued audit assessments for an oil and gas company that increased the value of their production. The lower court properly evaluated several key aspects of the company's operation to make the assessments, such as determining that their facilities are not considered "processing facilities" and that their key point of valuation was the outlet of a triethylene glycol dehydrator. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: November 7, 2023, Case #: S-23-0036, Categories: Tax
J. Gray finds that the lower court improperly ordered that equity earned through selling or refinancing a home must be split evenly between a former husband and wife in divorce proceedings. The former husband contended the wife is only entitled to half the net proceedings if the house is sold, but the divorce decree in question is too ambiguous on this issue and the lower court did not have all the facts needed to make a final ruling. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: October 31, 2023, Case #: S-23-0065, Categories: Family Law
J. Gray conditionally grants relief to the mother and dismisses the petition in intervention brought by the child's paternal grandparents who sought possession and access to the child. The grandparents objected to the mother starting an OnlyFans page and posting sexually explicit material in order to supplement the family's income. But the grandparents failed to "overcome the fit-parent presumption" and show that the mother's conduct would cause significant harm to the child. Vacated.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: October 26, 2023, Case #: 10-23-00216-CV, Categories: Civil Procedure, Family Law
J. Gray finds that the trial court properly granted the college's plea to the jurisdiction and dismissed the fire academy student's claims over his injuries that occurred during a demonstration in which he was sprayed in the head with water from a fire hose. There was no waiver of the college's immunity since the evidence does not show the student's injury resulted from the "operation of a motor vehicle." Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: September 21, 2023, Case #: 10-21-00070-CV, Categories: Tort, Immunity, Jurisdiction
J. Gray finds that the lower court properly convicted defendant of sexual abuse of a minor. Defendant's claims on appeal, such as that there was hearsay and prejudicial evidence admitted during trial, are without merit. The testimony admitted was all properly introduced and there is no error on the record that would justify reversal. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: September 18, 2023, Case #: S-23-0002, Categories: Sex Offender
J. Gray finds that the trial court improperly granted summary judgment on the assault and battery claim in the parents' wrongful death suit over the death of their daughter from a gunshot wound to the head, which was ruled a suicide. The parents disagree and think their daughter's husband intentionally killed her. There was sufficient evidence "for reasonable minds to differ in their conclusion" as to how the decedent sustained her fatal injury. Reversed in part.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: August 23, 2023, Case #: 10-23-00039-CV, Categories: Evidence, Negligence, Wrongful Death
J. Gray finds that the lower court properly denied defendant's request for a presentence
time served credit regarding his drug sentences. The lower court properly credited defendant with time served in two of his criminal cases, but that does not entitle him to time served in a separate third case. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 21, 2023, Case #: S-23-0072, Categories: Drug Offender, Sentencing
J. Gray finds that the trial court properly denied defendant's application for a writ of habeas corpus after he could not make the $400,000 bail on child sexual assault charges. Defendant did not adequately brief his issue that the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: July 19, 2023, Case #: 10-22-00281-CR, Categories: Habeas, Sex Offender, Bail
J. Gray finds that the lower court properly denied a motion to suppress evidence regarding defendants' drug convictions. They moved to suppress more than 300 pounds of marijuana found during a traffic stop, with defendants claiming the trooper pursued their car without probable cause. The pursuit and subsequent stop stemmed from expired registration on the vehicle, which is a well established justification for a traffic stop. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 14, 2023, Case #: S-22-0302, Categories: Drug Offender, Evidence, Search
J. Gray finds that the lower court properly found in favor of a trapper after a family sued him when his snares caught and killed the family's dogs. Under legal precedent, emotional distress claims stemming from loss of dogs are not compensable because dogs are property. The court cannot suddenly adopt a ruling allowing for emotional damages from the loss of a pet, as that rule would be best left to the legislature. Affirmed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: July 5, 2023, Case #: S-22-0223, Categories: Emotional Distress
J. Gray finds that the trial court properly terminated the parental rights of the mother and father based on sufficient evidence to support the findings as to endangering conduct and the child's best interest. The mother admitted using illegal drugs with her older child, and her three-year-old child had "easy access to the loaded semi-automatic rifle" that the mother unlawfully had in the house. Testimony showed that the father was abusive and was legally disabled due to depression and bipolar disorder. Affirmed.
Court: Texas Courts of Appeals, Judge: Gray, Filed On: June 7, 2023, Case #: 10-22-00425-CV, Categories: Evidence, Family Law