6 results for 'judge:"Landau"'.
J. Landau finds the lower court improperly issued a default family violence protective order against a boyfriend. A girlfriend applied for the protective order on grounds of alleged harassment and family violence. A temporary order was granted and a date for the protective order hearing was set, but the boyfriend did not appear. A private process server’s affidavit stated that the boyfriend had been served the citation and application for protective order, and the lower court issued a default judgment against the boyfriend and issued a lifetime protective order. The instant court finds that the default protective order required service of notice of the application, and the record does not show that he was served with it. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 21, 2024, Case #: 01-22-00597-CV, Categories: Restraining Order
J. Landau finds the lower court properly rendered judgment for a buyer in this matter concerning possession of real estate. A borrower secured a loan by deed of trust, and when he stopped paying on the loan, the lender followed through with a foreclosure sale of the property. The borrower refused to vacate the property, so the buyer sued for possession, which the lower court granted. The borrower argues the lower court did not have jurisdiction over the matter because the district court had to resolve title first; the instant court disagrees and finds the lower court had jurisdiction over the matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00677-CV , Categories: Real Estate, Jurisdiction, Foreclosure
J. Landau finds the lower court properly found in favor of a bounce house company in this matter of alleged negligence. A child fractured his leg while jumping in an inflatable bounce house at a birthday party. A parent of the child filed suit against the bounce house company claiming it was negligent because it did not have a trained attendant at the party to supervise the use of the bounce house, but provided no evidence to show that supervision by the company would have prevented any injury. The instant court finds no error in the lower court’s decision to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00898-CV, Categories: Evidence, Negligence
J. Landau finds the lower court properly terminated the parental rights of a mother and father to their minor child on grounds that they knowingly placed or allowed the child to remain in conditions that endangered the child’s well-being, that she failed to comply with a court order establishing the child’s return to her custody, and that it is in the child’s best interest. The child was removed from the parent’s custody and placed into foster care after the mother set fire to the family home with the child inside, removed the child from the premises and threw the child over a fence to the ground. Despite the father's claims that he had no criminal history, an FBI background check revealed 15 criminal charges, including 13 felony convictions for identity theft. Neither parent provided verifiable proof of income, and the mother told authorities that the father had trafficked her and that she was a sex worker, a claim she later denied in addition to her previous claims of domestic violence. The lower court found the parents were unable to care for the child or provide a safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 11, 2024, Case #: 01-23-00765-CV, Categories: Family Law
J. Landau finds the lower court properly issued a take-nothing judgment in this matter of alleged tortious interference. Evidence is sufficient to support the jury’s finding that a third-party factoring company did not engage in business disparagement or tortious interference with existing contracts when it contacted a freight brokerage company’s primary client seeking assistance in collecting payment from the freight brokerage. Affirmed
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 9, 2024, Case #: 01-22-00623-CV, Categories: Debt Collection, Tort, Interference With Contract
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J. Landau finds the lower court properly determined that a neighborhood's amended restricted covenants are valid and enforceable. A property owner who leases his property for short-term rentals challenges the enforceability of the neighborhood's amended restricted covenants that changed the minimum residential rental period to 90 days or greater, effectively restricting short-term rentals for periods shorter than 90 days. Because the original scheme of development outlined that the restricted covenants could be amended at any time, the property owner purchased the property with the understanding that the terms could change. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: August 29, 2023, Case #: 01-22-00401-CV, Categories: Property, Real Estate