36 results for 'judge:"Quinn"'.
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: Civil Procedure, Business Practices
J. Quinn finds that the lower court improperly placed certain "affiliates" of the alleged debtor into receivership. The application for the appointment of a receiver did not mention "any of the 55 affiliates or seek a receivership over any of them." Further, the affiliates were not the "property and business" of the alleged debtor, and the scope of the appointment should have been limited. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 15, 2024, Case #: 07-23-00398-CV, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Quinn finds in this restricted appeal that the lower court properly entered an order establishing the parent-child relationship. The pro se appellant fails to show "error apparent on the face of the record." He waived his complaint regarding personal jurisdiction, and his "objections to subject matter jurisdiction are baseless." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 4, 2024, Case #: 07-23-00394-CV, Categories: Family Law, Jurisdiction
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J. Quinn finds that the lower court properly dismissed this fraud lawsuit concerning ownership of a home. The petition was dismissed as a nullity, as it was filed on behalf of the appellant by a person who was not a licensed attorney. The matter is not "adequately briefed" on appeal and is therefore waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 29, 2024, Case #: 07-23-00250-CV, Categories: Civil Procedure, Fraud
J. Quinn finds that the lower court properly denied the Texas Secretary of State's plea to the jurisdiction in this election contest regarding certain "ballot language used to identify and describe a proposed constitutional amendment allowing counties to fund various projects." Contrary to her contention, the separation of powers doctrine does not bar the lower court "from adjudicating the controversy." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 25, 2024, Case #: 07-23-00031-CV, Categories: Civil Procedure, Elections
J. Quinn finds that the lower court properly entered a final decree of divorce, appointing both parents as managing conservators of their children and giving the father certain exclusive rights. The lower court did not abuse its discretion in requiring the mother to undergo "victim abuse counseling" or by awarding the parents equal possession of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: January 8, 2024, Case #: 07-23-00042-CV, Categories: Civil Procedure, Family Law
J. Quinn finds that the lower court improperly granted the appellees summary judgment in this suit brought by a judgment creditor under the Texas Uniform Fraudulent Transfer Act. No-evidence summary judgment was inappropriate, as the alleged circumstances are "indicative of a transfer." Also, the record does not establish the appellees' limitations defense. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 22, 2023, Case #: 07-23-00295-CV, Categories: Civil Procedure, Fraud
J. Quinn finds that the damages awarded in this case concerning a construction contract for a dairy facility lack a "foundation in evidence." Accordingly, the court will modify the judgment by striking the damages portion but otherwise affirm the remainder of the judgment, which also invalidated a mechanic's lien. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 20, 2023, Case #: 07-23-00078-CV, Categories: Evidence, Damages, Contract
J. Quinn finds that the lower court properly dismissed the appellant's claims and entered a final summary judgment in this case concerning her attempt to acquire a certain piece of property. The lower court's decision to dismiss for want of prosecution was reasonable. Summary judgment was also appropriate on the appellant's breach of contract claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: December 1, 2023, Case #: 07-22-00314-CV, Categories: Civil Procedure, Real Estate, Contract
J. Quinn finds that the lower court improperly granted summary judgment to the insurance company in this lawsuit concerning a homeowner's insurance policy. The evidence could reasonably show that one of the appraisers "misinterpreted the scope of his task." Also, there was a question of fact as to the issue of standing in connection with the extracontractual claims brought by the estate administrator. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 29, 2023, Case #: 07-22-00308-CV, Categories: Civil Procedure, Insurance, Contract
J. Quinn finds that the lower court properly denied the appellant utility district's plea to the jurisdiction in this suit concerning a development financing agreement. There was no error in finding that immunity had been waived, and the utility district fails to establish its argument regarding standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 20, 2023, Case #: 07-23-00182-CV, Categories: Immunity, Contract
J. Quinn conditionally grants the annuity company's petition for a writ of mandamus, in which it challenges an interlocutory order granting summary judgment and releasing certain interpled funds in the underlying proceeding. The challenged order was "tantamount to enforcing the decree before a final judgment issued."
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 9, 2023, Case #: 07-23-00330-CV, Categories: Civil Procedure
J. Quinn finds that the lower court properly terminated the mother's parental rights to her child. Contrary to her argument on appeal, the evidence sufficiently supports the finding as to endangerment, as well as the best interest finding. The record indicates a history of drug use by the mother and shows that the child "tested positive for illegal substances at the time of his birth." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 8, 2023, Case #: 07-23-00290-CV, Categories: Evidence, Family Law
J. Quinn finds that the lower court properly granted summary judgment to the appellee drywall company in this suit brought by an installer who was struck by falling drywall. Nobody from the drywall company directed that the sheets of drywall be placed against a temporary railing, which allegedly gave way and allowed the drywall to fall. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 31, 2023, Case #: 07-23-00057-CV, Categories: Negligence, Premises Liability
J. Quinn finds that the lower court properly terminated the parental rights of the mother and the father to their three children. On appeal, the mother challenges the sufficiency of the evidence supporting the lower court's best interest finding. However, the evidence shows that the mother did not complete the services required, or maintain stable housing or employment. Also, both parents continued to use illegal drugs. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 13, 2023, Case #: 07-23-00218-CV, Categories: Evidence, Family Law
J. Quinn finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after he was originally adjudicated as engaging in delinquent conduct. His court-appointed counsel filed an Anders brief indicating that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: October 6, 2023, Case #: 07-23-00187-CV, Categories: Civil Procedure, Juvenile Law
J. Quinn finds that the lower court improperly granted summary judgment to Tax Loans USA in this suit to foreclose a tax lien. There was a fact issue related to "the amount due and for which USA may recover through the foreclosure of the lien." The remainder of the judgment is due to be affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 24, 2023, Case #: 07-22-00130-CV, Categories: Civil Procedure, Real Estate, Tax
J. Quinn finds that the lower court improperly ruled against the appellant in this suit involving "the disputed interpretation of a shut-in royalty clause included in two leases." The lower court erred in determining that the clause was ambiguous and concluding that the appellees' interpretation was proper. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 23, 2023, Case #: 07-22-00242-CV, Categories: Energy, Real Estate, Contract
J. Quinn finds that the lower court improperly denied the appellant's motion to stay the litigation pending arbitration. The appellant's suit against multiple subcontractors did not waive its right to arbitration. The subsequent summary judgment in favor of one of the subcontractors is also due to be reversed, as the case "should have been stayed." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 21, 2023, Case #: 07-23-00178-CV, Categories: Arbitration, Civil Procedure
J. Quinn finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to the parents' argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The child was "really doing well" in a foster home, and the evidence shows that both parents had children "removed from their care in other states." There were also allegations of domestic violence. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 14, 2023, Case #: 07-23-00206-CV, Categories: Evidence, Family Law
J. Quinn finds that the lower court improperly rendered final summary judgment in favor of the appellees in this dispute regarding the right of first refusal to repurchase certain land. The appellees failed to establish their "entitlement to summary judgment as a matter of law," based on a material question of fact. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: August 10, 2023, Case #: 07-23-00035-CV, Categories: Real Estate, Contract
J. Quinn finds that the lower court improperly denied the law firm's request to transfer venue in this breach of contract and quantum meruit lawsuit involving allegedly unpaid bonuses. The former employee sued the firm in Tarrant County, but the elements underlying his claims "occurred in Dallas County." Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: July 25, 2023, Case #: 07-22-00306-CV, Categories: Employment, Venue, Contract
J. Quinn finds that the lower court properly terminated the father's parental rights to the children. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. Testing indicated use of methamphetamine by the father, and he failed to complete the service plan provided to the parents. Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: July 24, 2023, Case #: 07-23-00127-CV, Categories: Evidence, Family Law
J. Quinn conditionally grants the relator's petition for a writ of mandamus, in which she challenges a short letter issued in the trial court that purported to grant a motion to compel arbitration. The missive, which consisted of two sentences, did not stay the proceedings, as required.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: July 24, 2023, Case #: 07-23-00089-CV, Categories: Arbitration, Civil Procedure