39 results for 'judge:"Jewell"'.
J. Jewell finds that the trial court properly ruled in favor of the seller of a property in a bill-of-review action involving a dispute over a private transfer fee. The trustee's argument that it was not served in the "proper capacity" in the prior suit lacks merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 23, 2024, Case #: 14-23-00092-CV, Categories: Civil Procedure, Property
J. Jewell finds that defendant was properly convicted of murder for the shooting death of a victim in a shopping center parking lot. The circumstantial and forensic evidence, which included bullets recovered from the area of the shooting, was sufficient to support defendant's conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 16, 2024, Case #: 14-22-00561-CR, Categories: Evidence, Murder, Self Defense
J. Jewell finds that the trial court properly ruled in favor of the attorney and law firm on claims relating to alleged conflicts of interest during their representation for a failed transaction to merge real estate businesses. The allegations involving conflicts of interest involve negligence only and not fiduciary duty, and there was insufficient evidence to establish causation as to the professional negligence claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 11, 2024, Case #: 14-22-00781-CV, Categories: Fiduciary Duty, Legal Malpractice, Contract
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J. Jewell finds that the trial court properly entered a final decree of divorce after it denied the incarcerated ex-husband's request for a bench warrant. The ex-husband did not give adequate information for the court to evaluate the request for a bench warrant. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 26, 2024, Case #: 14-23-00270-CV, Categories: Family Law, Due Process
J. Jewell finds that the trial court properly dismissed the couple's suit against the homeowners' association (HOA) and directors. The couple did not give any evidence of damages sustained from the HOA's alleged breach of the subdivision declaration. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 21, 2024, Case #: 14-23-00273-CV, Categories: Property, Contract
J. Jewell finds that the trial court partly erred in its ruling against the city in a personal injury case stemming from a crash between a fire truck and a car. Two of the passengers in the car "lack standing to assert claims for medical expenses incurred when they were minors" because the cause of action belongs to their parents, who should not have been joined to the suit after limitations expired. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 7, 2024, Case #: 14-23-00087-CV, Categories: Tort, Immunity
J. Jewell finds that while the trial court properly granted declaratory judgment to the debtor, it erred in awarding him conditional appellate attorney fees in a dispute over payment under a settlement agreement. There was insufficient evidence to support the award of the fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 5, 2024, Case #: 14-23-00165-CV, Categories: Settlements, Attorney Fees
J. Jewell finds that the trial court properly ruled in favor of the sporting goods store in a father's negligence suit stemming from his daughter's suicide that occurred after she bought a gun at the store. The store established the affirmative defense of suicide as to the claims since it "complied with the applicable legal standards," and there was no evidence it "failed to act as a firearms seller of ordinary prudence." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: March 5, 2024, Case #: 14-23-00234-CV, Categories: Negligence, Wrongful Death, Firearms
J. Jewell finds that defendant was improperly found guilty of aggravated assault over an incident where the victim was struck by a wrench. The trial court's policy that required everyone, including witnesses, to wear facial coverings in the courtroom during the January 2023 trial violated defendant's Sixth Amendment right to confront the witnesses against her. The case is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 27, 2024, Case #: 14-23-00048-CR, Categories: Confrontation, Constitution, Assault
J. Jewell finds that defendant was properly given consecutive 15-year sentences after pleading guilty to two counts of intoxication manslaughter for an incident in which she killed two people in an auto accident after she had consumed alcohol. Defendant argued that the trial court erred by admitting her "post-Miranda statements" to officers that she made while being treated at a hospital because they implied a lack of remorse, but the record does not indicate the disputed evidence likely caused the jury to give her a harsher sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 15, 2024, Case #: 14-22-00884-CR, Categories: Evidence, Dui, Manslaughter
J. Jewell finds that the trial court improperly denied the trampoline park's motion to compel arbitration of a personal injury suit brought by the mother of a minor child who hurt his foot at its facility. The arbitrator must decide the issue of whether the prior release and indemnification signed by the mother applied to the subsequent visit when the child was injured since it relates to the scope of the agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: February 8, 2024, Case #: 14-23-00090-CV, Categories: Arbitration, Negligence, Contract
J. Jewell partly grants mandamus relief in a dispute over the discovery order in a misappropriation of trade secrets case. The former employee should not have been compelled to turn over the Western Digital hard drive without the court addressing privileged or confidential data on the device. Also, the former employee should not have been compelled to turn over the USB storage device since he met his discovery obligations for the device.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: January 30, 2024, Case #: 14-23-00183-CV, Categories: Trade Secrets, Discovery
J. Jewell finds that the trial court properly admitted to probate the disputed will that left most of the decedent's estate to her grandson and one of her daughters. There was no error in rejecting the 2019 addendum as a codicil, and there was insufficient evidence that the disputed will was a "product of undue influence." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: December 28, 2023, Case #: 14-22-00773-CV, Categories: Wills / Probate
J. Jewell finds that the trial court properly ruled in favor of the buyer of a property who alleged the purported owner took his money without having unencumbered title to the property. The buyer's "deemed admissions" regarding his non-compliance with the contract did not preclude his recovery on the deceptive trade practices and Property Code claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00221-CV, Categories: Fraud, Real Estate, Contract
J. Jewell finds that the trial court improperly denied summary judgment to the school district in a motorist's suit over an auto accident with its police officer who was responding "to a report of a person with a gun at an elementary school." The evidence shows that the emergency response exception applies to the actions of the officer, so the school district has immunity as to the motorist's claims. Reversed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 30, 2023, Case #: 14-22-00223-CV, Categories: Civil Procedure, Tort, Immunity
[Consolidated.] J. Jewell finds that the trial court properly terminated a mother’s parental rights to her daughters based on endangerment. There was sufficient evidence that the mother endangered the children through neglectful supervision and by exposing them to domestic violence in the home. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: November 21, 2023, Case #: 14-23-00387-CV, Categories: Evidence, Family Law
J. Jewell finds that the trial court properly ruled in favor of the individual accused of causing drainage issues on her neighbors' property through the excavation of sand on her land. The neighbors did not establish that the individual's sand excavation activities caused damage to their property. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 10, 2023, Case #: 14-22-00497-CV, Categories: Property, Water, Injunction
J. Jewell finds that the trial court properly ruled in favor of the owners in finding the purchaser did not comply with the parties' contract to buy their home. The evidence supports a finding that the purchaser "refused to close within a reasonable time under the circumstances." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 8, 2023, Case #: 14-22-00695-CV, Categories: Evidence, Property, Contract
J. Jewell finds that defendant was properly convicted of criminally negligent homicide stemming from a fatal wrong-way auto accident. After the crash, defendant tested positive for Xanax and THC. There was sufficient evidence to support the finding that defendant was criminally negligent, and this included the fact he lost control of his vehicle, never applied his brakes, and had used drugs before the incident that "affected his ability to drive safely." Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: August 1, 2023, Case #: 14-22-00508-CR, Categories: Evidence, Dui, Negligent Homicide
J. Jewell finds that the trial court properly denied the lithium-ion battery makers' special appearances in a products liability suit alleging that a consumer's electronic cigarette exploded in his pocket and caused him injuries. The consumer's claims are "sufficiently related to" the battery makers' contacts with Texas. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: July 25, 2023, Case #: 14-22-00371-CV, Categories: Product Liability, Jurisdiction