26 results for 'judge:"Pena"'.
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, Attorney Fees, Contract
J. Pena finds that the lower court properly denied the city's plea to the jurisdiction, in which it sought to dismiss this premises liability lawsuit arising from an alleged bicycle accident on a city bike trail. The city's evidence established "the applicability of the recreational use statute," but it failed to address "the nature of the defect or whether it had knowledge of it." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: March 28, 2024, Case #: 13-22-00401-CV, Categories: Negligence, Jurisdiction
J. Pena conditionally grants the insurance company's petition for a writ of mandamus, in which it "seeks to compel the trial court to rule on competing motions for summary judgment" in the underlying insurance dispute. The record indicates that three years have passed since the lower court heard the motions, which is an "unreasonable" period of time. Accordingly, the company is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 21, 2024, Case #: 13-24-00059-CV, Categories: Civil Procedure, Insurance
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J. Pena conditionally grants in part this petition for a writ of mandamus, in which the relators challenge an order concerning a medical examination in the underlying personal injury suit. The lower court abused its discretion in requiring that the examination be recorded, as there was no good cause shown.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 14, 2024, Case #: 13-23-00437-CV, Categories: Civil Procedure, Tort, Discovery
J. Pena finds that the lower court properly terminated the mother's parental rights to her children. On appeal, the mother challenges the lower court's jurisdiction based on the commencement of the trial, but the trial began "before the new dismissal date." Also, the evidence shows that the "children's current caregivers were meeting their basic needs" and that the mother had "failed to shield them from domestic violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 29, 2024, Case #: 13-23-00362-CV, Categories: Evidence, Family Law, Jurisdiction
J. Pena finds that the lower court properly entered judgment against the property owner in this case concerning whether his land qualified for "open-space appraisal" for a certain tax year. The lower court had jurisdiction over the relevant issues, and the owner's "proposed instructions were misstatements of the law." Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 25, 2024, Case #: 13-22-00031-CV, Categories: Real Estate, Tax
J. Pena conditionally grants the relators petition for a writ of mandamus only if the trial court does not promptly act. The relators have met the burden to obtain this relief. The court directs the trial court the order denying motion to strike the plea in intervention and to enter an order for this memorandum opinion and the stay previously imposed is lifted.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 22, 2024, Case #: 13-23-00501-CV, Categories: Due Process
J. Pena finds the trial court properly entering a declaratory judgment that a stepdaughter was not responsible for anything but one half of the insurance premiums regarding a jointly owned property. “The trial judge is not constrained to enter judgment only in a form specified by one of the parties, because in addition to conforming to the pleadings, the judgment must also reflect a correct application of the law.” Therefore, the stepfather’s allegation the trial court erred in granting the judgement in absence of the stepdaughter during pleadings is overruled. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 18, 2024, Case #: 13-22-00033-CV, Categories: Insurance, Property
J. Pena finds that it was error for the resentencing court to redesignate defendant's attempted murder of a police officer convictions as assaults with a firearm on a police officer, which are lesser included offenses of the attempted murder charges. Resentencing due to changes to the felony murder statute is limited to the robbery counts for which defendant was charged and convicted. Reversed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: January 18, 2024, Case #: F085131, Categories: Murder, Robbery, Sentencing
J. Pena finds that the lower court improperly denied the appellant's plea to the jurisdiction in this personal injury lawsuit stemming from a vehicle collision. The appellee motorist failed to file suit within the limitations period, and "the doctrines of misnomer and misidentification do not apply to toll the limitations period." Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: December 7, 2023, Case #: 13-22-00575-CV, Categories: Civil Procedure, Tort, Jurisdiction
J. Pena finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit arising from a traffic accident allegedly involving a stolen police car. The police offers were entitled to immunity, as they were performing "discretionary functions" during their interactions with the arrestee who allegedly stole the vehicle. Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: November 16, 2023, Case #: 13-21-00414-CV, Categories: Tort, Immunity
J. Pena finds that a civil contempt order on a newspaper that disobeyed a subpoena to produce a reporter's unpublished jailhouse interview notes in an underlying murder case was procedurally invalid. Counsel seeking the material failed to provide personal service of a show cause order on the newspaper, as required to commence a separate action on the contempt charge. The contempt order failed to specify the punishment, and the trial court's 10-day stay of the judgment was ambiguous. However, the trial court properly denied the newspaper's motion to quash the subpoena. Under the newspersons' shield law, the trial court had discretion to find the newspaper's published story provided nonspeculative indications that the reporter's unpublished notes could be key to codefendant's defense. The subpoenaed material is not confidential or sensitive and there is no alternative source. Defendant faces life without parole, so his right to a fair trial outweighs the protection given to reporters under the law, and the potential importance of the information favors defendant. Vacated in part.
Court: California Courts Of Appeal, Judge: Pena, Filed On: November 7, 2023, Case #: F086308, Categories: Civil Procedure, Civil Rights, Contempt
J. Pena finds that the lower court properly awarded lifetime income benefits to the appellee truck driver in this workers' compensation case stemming from an accident in which his truck allegedly rolled over and hot asphalt "entered the truck cabin." Contrary to the insurer's argument, the evidence sufficiently supports the award. Specifically, the lower court did not err in using the Seabolt standard for "the total loss of use," as it related to the driver's left hand. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: October 12, 2023, Case #: 13-21-00361-CV, Categories: Evidence, Workers' Compensation
J. Pena finds that the trial court properly dismissed a water district’s attempt to validate the draft of a deal it made with the federal government over the ongoing delivery of water from a federal reclamation project and repayments. The trial court could not validate the draft agreement because it was materially incomplete, lacking sufficient detail about the water district's repayment obligations. Affirmed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: September 1, 2023, Case #: F083632, Categories: Water
J. Pena finds that the lower court improperly entered a default judgment in favor of the appellee in this case involving the construction of a parking lot. The lower court granted the no-answer default judgment after the appellant had filed its answer. Accordingly, the judgement was in error. Reversed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: August 3, 2023, Case #: 13-22-00433-CV, Categories: Civil Procedure, Negligence
J. Pena finds that the lower court properly entered judgment in favor of the co-trustees awarding more than $29 million in "profit disgorgement" in this lawsuit asserting claims for breach of trust and unjust enrichment. The evidence sufficiently shows that one of the co-trustees, the father, "intended to create an express trust and that he transferred the trust property" as trustee. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: June 15, 2023, Case #: 13-22-00029-CV, Categories: Evidence, Trusts, Damages
J. Pena finds that the trial court should have preliminarily enjoined the continued construction of a water pipeline since the utility district that granted the pipeline easement failed to comply with the Environmental Quality Act. The trial court also erred when it found that the public would not be harmed by letting the project continue. Reversed.
Court: California Courts Of Appeal, Judge: Pena, Filed On: June 7, 2023, Case #: F084228, Categories: Environment, Water
[Consolidated.] J. Pena finds that the lower court properly granted summary judgment on the sellers' deficiency claim and also their claims alleging a "post-foreclosure failure to vacate the property." The purchasers contend that summary judgment was inappropriate based on their affirmative defenses, but they failed to "expressly raise" their defenses at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 11, 2023, Case #: 13-20-00492-CV, Categories: Civil Procedure, Real Estate