18 results for 'judge:"Miskel"'.
J. Miskel finds that the lower court properly granted the bank's summary judgment motions in this suit asserting breach of guaranty claims. The appellant failed to preserve his argument regarding the bank's claims against him, and the lower court did not err in granting judgment for the bank on his counterclaims. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 21, 2024, Case #: 05-22-00160-CV, Categories: Banking / Lending, Contract
J. Miskel finds that the lower court improperly denied the appellant's petition "to remove his firearms disability and restore his right to purchase and possess firearms" after he was committed to a mental health facility 30 years ago for approximately one week. The lower court abused its discretion in denying his petition, since the appellant sufficiently "established every element required" under the Texas Mental Health Code. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 19, 2024, Case #: 05-22-00878-CV, Categories: Health Care, Firearms
J. Miskel finds that the lower court properly denied the appellant company's dismissal motion in this personal injury lawsuit stemming from an industrial accident, in which the appellee was allegedly injured while performing repair work at a recycling plant. The company sought dismissal based on a failure to file a certificate of merit pursuant to chapter 150, but the lower court did not abuse its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 13, 2024, Case #: 05-23-00219-CV, Categories: Civil Procedure, Tort, Negligence
J. Miskel finds that the lower court properly terminated the mother's parental rights to two children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The mother failed to appear for trial, and the evidence indicated a history of drug use, as well as a failure to consistently comply with drug testing. Also, her living location was unknown to the Texas Department of Family and Protective Services, and she was not employed "the last time the caseworker spoke with her." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: March 1, 2024, Case #: 05-23-00879-CV, Categories: Civil Procedure, Evidence, Family Law
J. Miskel finds that the lower court improperly entered a lifetime, confidential protective order against the appellant because the evidence is not sufficient to support the order. The attention that the applicant received, which allegedly included flowers and cards left at her parents' home, made her feel harassed and annoyed, but all of the elements for stalking were not satisfied. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 7, 2024, Case #: 05-22-00713-CV, Categories: Evidence, Restraining Order
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J. Miskel finds that the lower court improperly granted summary judgment to the appellee in this suit to quiet title. The case concerned the appellant's "claim to an easement for use of an airstrip." The appellee failed to show that it is entitled to judgment on each element of its suit. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: February 5, 2024, Case #: 05-22-00765-CV, Categories: Civil Procedure, Real Estate
J. Miskel finds that the lower court properly terminated the parental rights of the mother to her twins after they were born preterm. The mother has a history of mental illness and has allegedly "attempted suicide or had suicidal ideations several times." The record also indicates that she has a history of cocaine use, though she denied using drugs at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: November 13, 2023, Case #: 05-23-00487-CV, Categories: Evidence, Family Law
J. Miskel finds that the lower court properly dismissed the appellant's fraud claims pursuant to the Texas Citizens Participation Act. The appellant sued the opposing counsel in a personal injury suit "for legal filings she made on behalf of her client in that case." The appellant's claims are based on the attorney's "exercise of her right to petition a court," and he fails to establish a prima facie case. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 31, 2023, Case #: 05-22-00440-CV, Categories: Anti-slapp, Civil Procedure, Fraud
J. Miskel finds that the lower court properly disposed of the appellant's quantum meruit and breach of contract claims, with the exception of his "contract claim for the commissions he earned in October 2019." Based on the parties' contract, the appellant "forfeited his right to receive any future commissions by voluntarily terminating his relationship" with the employer. The case is remanded accordingly. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 14, 2023, Case #: 05-22-00263-CV, Categories: Employment, Contract
J. Miskel finds that the lower court properly granted the Office of the Attorney General's claims in intervention for child support, health insurance and medical support. The lower court erred, however, with respect to the portions of the judgment "relating to the parent-child relationship that do not comply with the terms of the parents' MSA" since it was "required to render a divorce decree that adopted the settlement terms." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 8, 2023, Case #: 05-22-00049-CV, Categories: Civil Procedure, Family Law, Settlements
J. Miskel finds that the lower court properly rendered an order of protection against the appellant husband. Contrary to the husband's argument on appeal, the evidence sufficiently shows "he is likely to commit family violence in the future," as the wife testified to multiple incidents and provided video evidence of one incident. Also, he waived his argument regarding venue. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: July 26, 2023, Case #: 05-22-00161-CV, Categories: Family Law, Restraining Order, Venue
J. Miskel finds that the lower court improperly denied the city's plea to the jurisdiction and granted a temporary injunction to the appellee construction company in this suit concerning a construction project for a walking trail. The construction company, which was not awarded the contract for the project, failed to establish a waiver of immunity under Chapter 252. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: July 11, 2023, Case #: 05-22-00665-CV, Categories: Civil Procedure, Immunity, Jurisdiction
J. Miskel finds that the lower court properly rendered a default judgment in favor of the realty company in this forcible detainer action. Contrary to the holdover tenant's arguments, the lower court had subject matter jurisdiction, and the evidence sufficiently supports the ruling. The tenant failed to plead "any dispute involving title to real property." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: June 7, 2023, Case #: 05-21-00860-CV, Categories: Civil Procedure, Real Estate, Jurisdiction
J. Miskel finds that the lower court improperly entered a default divorce decree. The lower court lacked personal jurisdiction over the husband. The record does not show that "a return of service was filed with the trial court as required by Rule 107." Accordingly, the divorce is void, and the case should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 26, 2023, Case #: 05-22-00068-CV, Categories: Civil Procedure, Family Law, Jurisdiction
J. Miskel finds that the lower court properly granted summary judgment in favor of the insurance company in this breach of contract lawsuit involving property damage from a hailstorm. On appeal, the property owner argues that summary judgment was inappropriate as to his claim under the Texas Prompt Payment of Claims Act. However, he cannot recover any more damages, interest or attorney fees on his claim under the TPPCA. Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 16, 2023, Case #: 05-22-00676-CV, Categories: Insurance, Damages, Attorney Fees