35 results for 'judge:"Spain"'.
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Spain finds that the juvenile court improperly waived its jurisdiction and transferred appellant to criminal district court to resolve his aggravated sexual assault charges. There is insufficient evidence to support the finding that "it was not practicable for the state to proceed against appellant in juvenile court before his eighteenth birthday." Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 18, 2024, Case #: 14-23-00802-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Spain finds that the trial court properly confirmed an arbitration award in favor of the former attorneys of a community association that was involved in condemnation proceedings for a property. The arbitrator did not exceed her authority to award the attorneys fees on their quantum meruit claim. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 11, 2024, Case #: 14-21-00630-CV, Categories: Arbitration, Property, Attorney Fees
J. Spain finds the lower court properly dismissed a matter concerning billing by an Emergency Medical Service (EMS). EMS treated and transported a patient with minor injuries to a local hospital for further treatment. The patient argues he was billed by EMS for basic life saving emergency transport, which he claims he did not receive. EMS claims the service was rendered, and the matter is one of healthcare liability in which the patient did not satisfy the necessary requirements to move his complaint forward; specifically, the patient did not provide an expert report by the statutory deadline. The lower court agreed with EMS and dismissed the case. On review, the instant court finds no error in the lower court determination. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: March 14, 2024, Case #: 14-22-00671-CV, Categories: Health Care, Experts, Business Practices
J. Spain finds that the trial court improperly ruled that the contingent-payment clause in the subcontractor's agreement was enforceable. The contingent-payment clause was unconscionable and "one-sided" since the subcontractor was not given complete information about the project or parties involved. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 25, 2024, Case #: 14-22-00219-CV, Categories: Property, Contract
J. Spain finds, on rehearing, that the trial court properly ruled in favor of the motorist on his negligence claim against the city over an auto accident with its peace officer, but the award of $250,000 in damages was erroneous. The award was more than the "aggregate relief permitted by Texas Rule of Civil Procedure 169." The motorist was only entitled to a maximum of $100,000 under the version of Rule 169 that was in effect when he filed suit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: January 18, 2024, Case #: 14-21-00482-CV, Categories: Civil Procedure, Damages, Negligence
J. Spain finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's sole permanent managing conservator. There was sufficient evidence to support the endangerment finding, and this includes multiple instances of neglectful supervision by the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: December 7, 2023, Case #: 14-23-00424-CV, Categories: Evidence, Family Law
J. Spain finds that the trial court improperly denied the university's plea to the jurisdiction in an employment discrimination suit where a white applicant for a tenure-track position alleged the university chose a "person of color" instead of her. The applicant failed to give either direct or indirect evidence of race or national-origin discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: November 30, 2023, Case #: 14-22-00861-CV, Categories: Jurisdiction, Employment Discrimination
J. Spain finds that the trial court properly ruled in favor of the property owners who sued a manufacturing facility that was allegedly responsible for the flooding of their homes during Hurricane Harvey. There was sufficient evidence that the facility's negligently-built drainage system caused the flooding. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00013-CV, Categories: Property, Water, Negligence
J. Spain finds that the trial court properly dismissed the individual's claims alleging that a county's electronic-voting system violated the Election Code and her constitutional rights. The individual lacks standing due to the "generalized nature of her claims" and the fact she has not alleged a "concrete and particularized" injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00678-CV, Categories: Elections, Jurisdiction
J. Spain finds that the trial court improperly ruled against the bail bonds company on breach-of-contract claims against an individual who refused to pay the cost of forfeited bonds after a criminal defendant "disappeared and failed to show up for court appearances." The individual's asserted defenses of mutual mistake and lack of consideration are not supported by the evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 31, 2023, Case #: 14-22-00519-CV, Categories: Civil Procedure, Indemnification, Contract
J. Spain finds that the trial court improperly sided with a building owner that challenged the validity of an association's amendment to a condominium declaration that resulted in greater common-area expenses for the owner. The owner's declaratory-judgment claim was barred by the statute of limitations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 29, 2023, Case #: 14-22-00395-CV, Categories: Civil Procedure, Real Estate
J. Spain finds that the trial court properly ruled in favor of the passport services business on the individual's claims over its alleged delay in processing documents relating to the requested renunciation of his Indian passport. The individual failed to show the business violated the terms of the contract or prove any "recoverable damages" on the negligence claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 29, 2023, Case #: 14-22-00294-CV, Categories: Damages, Negligence, Contract
J. Spain finds that the trial court properly ruled in favor of the nursing assistant on her claims for negligence and premises liability stemming from an employment-related injury that occurred as she tried to transfer a bariatric patient by herself. The nursing facility's Rule 306a motion in which it sought "to reset postjudgment deadlines" was correctly denied. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 24, 2023, Case #: 14-22-00190-CV, Categories: Civil Procedure, Evidence, Negligence
J. Spain finds that the trial court improperly denied the college administrative employee's plea to the jurisdiction in an adjunct instructor's suit alleging he was fired due to his race. The adjunct instructor does not have standing since the relief he seeks would not remedy the alleged injury, and he did not show the employee has authority to provide the requested relief. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 22, 2023, Case #: 14-22-00195-CV, Categories: Jurisdiction, Employment Discrimination
J. Spain finds that the trial court properly ruled in favor of the ex-wife regarding the division of marital assets in a divorce. The ex-husband's personal injury settlement was correctly deemed community property since he gave insufficient evidence it was his separate property. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 17, 2023, Case #: 14-22-00171-CV, Categories: Family Law, Property
J. Spain finds that the trial court properly dismissed the inmate's suit against the criminal district attorney from his criminal proceeding, in which he was convicted of aggravated assault with a deadly weapon. The inmate's suit "was an impermissible civil attack on a final criminal conviction and was not an appropriate vehicle to reverse or vacate his conviction." Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 17, 2023, Case #: 14-22-00329-CV, Categories: Civil Procedure
J. Spain finds that the trial court improperly entered an order that awarded the mother attorney fees in a child possession case. The trial court moved forward with the hearing despite the father's vision impairment and the fact he "could not properly see or understand the exhibits and documents." As a result, the father's due process rights were violated. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 15, 2023, Case #: 14-21-00288-CV, Categories: Family Law, Due Process, Habeas
J. Spain finds that while the evidence did not support the trial court's findings regarding endangerment, it did show that termination of the father's parental rights was in his daughters' best interest. Also, the father did not challenge the evidence as to the other predicate grounds. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: August 8, 2023, Case #: 14-23-00094-CV, Categories: Evidence, Family Law
J. Spain finds that the trial court properly ruled in favor of the creditor on claims against a general contractor and its owner over nonpayment of materials provided for construction projects. The accused parties did not raise a fact issue as to "their agency relationship to the property owners." Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00049-CV, Categories: Debt Collection, Contract
J. Spain finds that the trial court properly ruled in favor of the metal facility in a truck driver's negligence suit alleging that his injuries from a slip and fall stemmed from the overloading of his truck by its employees. The truck driver did not sufficiently plead a premises liability claim or give evidence raising a fact issue on his negligent activity claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 25, 2023, Case #: 14-22-00130-CV, Categories: Civil Procedure, Evidence, Negligence