35 results for 'judge:"Poissant"'.
J. Poissant finds that the trial court improperly granted no-evidence summary judgment in a dispute over ownership of title to a property. The land company's deeds and affidavits raised a fact issue as to whether it has superior title to the property. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 7, 2024, Case #: 14-23-00004-CV, Categories: Evidence, Property
J. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: Defamation, Jurisdiction
J. Poissant finds that the trial court improperly dismissed for want of prosecution the subcontractor's suit over unpaid services. The subcontractor gave a reasonable explanation of his counsel's failure to appear at the status conference, so the motion to reinstate should have been granted. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 23, 2024, Case #: 14-23-00059-CV, Categories: Civil Procedure, Contract
J. Poissant finds that the trial court was mostly correct when it entered a final decree of divorce for the parties, except as to its determination of the ex-husband's child support arrearage. The evidence shows the ex-husband paid some of the child support during the relevant period, so his arrearage should be lowered from $61,625 to $52,625. Reversed in part.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 16, 2024, Case #: 14-22-00762-CV, Categories: Civil Procedure, Family Law
J. Poissant finds that the trial court properly terminated the mother's parental rights to her son. The evidence was sufficient to support the statutory grounds regarding an endangering environment for the child and endangering conduct by the mother. For instance, the child was living with the mother in "unsanitary, deplorable conditions." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 11, 2024, Case #: 14-23-00848-CV, Categories: Evidence, Family Law
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J. Poissant finds that the mother's parental rights to her son were properly terminated based on sufficient evidence to support the best interest finding. The case worker testified that the mother was homeless and did not have "any type of residence." Also, the child's medical needs were neglected by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 9, 2024, Case #: 14-23-00499-CV, Categories: Evidence, Family Law
J. Poissant finds that the trial court improperly ruled in favor of the decedent's independent executrix in a dispute over a previously-assigned interest in a hospice care business. The former co-owner raised a fact issue on his declaratory relief claim alleging the assignment lacked adequate consideration and was void. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 21, 2024, Case #: 14-22-00144-CV, Categories: Civil Procedure, Contract
J. Poissant finds the lower court properly divided the marital assets in this divorce matter. The husband argues that the marital home was jointly owned separate property and the lower court should not have been able to order it sold. The husband also argues that certain evidence, namely a drug test that showed he tested positive for amphetamine, methamphetamine, benzoylecgonine, cocaine, and norcocaine, and expert testimony to the effect that he was a daily user of those drugs, should not have been allowed. But the husband did not object to the evidence or expert testimony at the time it was submitted into evidence, thereby waiving his right to later argue against their admission. The lower court made no error in its division of the marital estate. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 14, 2024, Case #: 14-22-00810-CV, Categories: Evidence, Family Law, Property
J. Poissant finds that the trial court properly denied the city's plea to the jurisdiction in a dispute over payment for work on Hurricane Harvey-related projects under a second contract amendment. The city's argument regarding the contractor's signature is a "defensive argument" that does not implicate the court's jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 29, 2024, Case #: 14-22-00616-CV, Categories: Immunity, Jurisdiction, Contract
J. Poissant finds that the trial court properly ruled in favor of the Harris County Bail Bond Board in a bail bonds business's suit challenging a rule that requires a criminal defendant to pay "ten percent of the face amount of bail" for the specified serious violent or sexual offenses. The business, which offers payment plans to clients, alleges it lost revenue when the rule went into effect. Based on Parker v. Brown, the board is entitled to state-action immunity as to antitrust concerns resulting from the adoption of the rule. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: February 1, 2024, Case #: 14-22-00600-CV, Categories: Antitrust, Government, Injunction
J. Poissant finds that the trial court properly ruled in favor of the landlord in a dispute with a former tenant who alleged claims including familial status discrimination after receiving lease violation notices due to complaints by her downstairs neighbor about noise from her children. The former tenant did not show a prima facie case of disparate treatment against families by the landlord. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: December 14, 2023, Case #: 14-22-00169-CV, Categories: Landlord Tenant, Housing, Contract
J. Poissant finds that the trial court properly terminated the father's child support obligation at the specified date and refused to grant him recovery of alleged excess payments made after the child's eighteenth birthday. The court lacked authority to modify the father's child support obligation before the date of service of citation or the mother's appearance in the suit. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 24, 2023, Case #: 14-22-00133-CV, Categories: Civil Procedure, Family Law
J. Poissant finds that the trial court properly entered a protective order in favor of the couple and against their family members who allegedly exhibited threatening behavior with their guns in a dispute over a dog. Contrary to the family members' arguments, their "actions in the defense of property do not preclude a finding of family violence as necessary for a protective order." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: October 12, 2023, Case #: 14-22-00708-CV, Categories: Family Law, Restraining Order
J. Poissant finds that the trial court properly granted the property owner's motion to remove a lien filed by a business that claimed it was owed for work performed on a pediatric clinic. The evidence showed that the lien was invalid because the lien affidavit misidentified the original contractor. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: August 31, 2023, Case #: 14-22-00067-CV, Categories: Debt Collection, Contract
J. Poissant finds that the trial court improperly denied the county education department's plea to the jurisdiction in a former assistant principal's suit alleging discrimination and retaliation over the denial of his workers' compensation claim and termination following an altercation with a student. The former employee failed to challenge the department's "legitimate reasons" for the non-renewal of his contract--insubordination and not following official directives. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 20, 2023, Case #: 14-22-00008-CV, Categories: Immunity, Jurisdiction, Employment Discrimination
J. Poissant finds that the trial court properly granted summary judgment to the equipment provider relating to a collision involving a front loader that was leased to another company. The company's employee backed into traffic and caused a crash with another vehicle, killing the driver and injuring its passengers. The evidence does not show that the equipment provider had a duty to ensure the front loader was "equipped and furnished for its safe operation" Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: July 13, 2023, Case #: 14-21-00704-CV, Categories: Civil Procedure, Negligence, Wrongful Death