27 results for 'judge:"Tijerina"'.
J. Tijerina finds that the lower court properly ruled in favor of the city in this breach of contract case arising from an agreement to perform certain road improvements. On appeal, the construction companies contend that the evidence is insufficient to establish their breach of the contract. But the evidence showed a "failure to adhere to the progress schedule." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: April 25, 2024, Case #: 13-22-00416-CV, Categories: Evidence, Damages, Contract
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which it challenges an order in the underlying proceeding denying its motion for protection. The lower court erred by requiring the relator "to provide the requested documentation when the provisions of the finance code were not followed." The lower court is accordingly directed to vacate the order.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 26, 2024, Case #: 13-24-00053-CV, Categories: Civil Procedure, Discovery
J. Tijerina conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order for sanctions in the underlying proceeding. The lower court abused its discretion by sanctioning the attorneys "$1,000 each day until they deposit insurance settlement proceeds that belong to a non-party into the registry." The evidence does not show that they "were willfully non-compliant, or willfully ignorant," but instead shows that the non-party did not consent to the ordered deposit.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 22, 2024, Case #: 13-23-00581-CV, Categories: Civil Procedure, Sanctions, Settlements
J. Tijerina finds the lower court improperly denied the city's plea to the jurisdiction on an individual's negligence lawsuit filed under the Texas Tort Claims Act. She claims she was injured "while she was being transported by police," but she does not provide detail as to how she was injured. She fails to establish a waiver of the city's immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-23-00060-CV, Categories: Tort, Immunity, Jurisdiction
J. Tijerina finds the lower court properly granted summary judgment to the bar in this lawsuit filed by a patron asserting claims for slander and intentional infliction of emotional distress after he was allegedly removed from the premises by a bouncer based on a complaint by another patron. The bar sufficiently established its qualified privilege defense, as the communication at issue was made by the bar's employees and there was no evidence of malice. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 7, 2024, Case #: 13-22-00287-CV, Categories: Defamation, Emotional Distress
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J. Tijerina finds that the lower court properly denied the real estate broker's motion to dismiss the defamation countersuit filed by the board of directors for a realtor association. The appellant failed to show that the Texas Citizens Participation Act applied to the countersuit. Accordingly, the ruling to deny his dismissal motion was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 29, 2024, Case #: 13-23-00176-CV, Categories: Anti-slapp, Civil Procedure, Defamation
J. Tijerina finds that the lower court properly divided the community estate in this divorce proceeding. The husband argues that he "received 6.3% of the community estate," but the court disagrees, as a certain financial account was the wife's separate property, and the husband was awarded one-half of the community's interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 8, 2024, Case #: 13-22-00249-CV, Categories: Civil Procedure, Family Law, Property
J. Tijerina finds that the lower court properly granted summary judgment to the oil field service company in this suit brought by a former oil field worker who was injured by a tool and subsequently given "light duty work" at the office. The worker, who was allegedly unable to appear for the office work due to a lack of transportation, contends that he was terminated in retaliation for filing a workers' compensation claim. However, the employer provided evidence that he had violated the company's attendance policy. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: January 11, 2024, Case #: 13-23-00194-CV, Categories: Employment, Workers' Compensation
J. Tijerina finds that the lower court properly entered a declaratory judgment in this dispute over a strip of property. The judgment declared the disputed property to be a county road and also granted attorney fees to the appellee. Contrary to the appellant landowner's argument, the evidence sufficiently supports the ruling, as the parties' deeds both "described their properties as adjoining" the county road at issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: January 4, 2024, Case #: 13-22-00140-CV, Categories: Evidence, Real Estate
J. Tijerina finds that the lower court improperly awarded loss of use damages to the appellees in this lawsuit asserting nuisance and trespass claims against the owners of an adjacent property. The appellees were not entitled to loss of use damages, as "their damages were deemed permanent." Reversed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 28, 2023, Case #: 13-21-00460-CV, Categories: Real Estate, Damages
J. Tijerina finds that the lower court improperly awarded a metal building to the appellee. The promissory note at issue does not clearly indicate that the metal building would be conveyed if the appellant "failed to repay the loan within three weeks." The rest of the judgment is due to be affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 7, 2023, Case #: 13-22-00431-CV, Categories: Banking / Lending, Contract
J. Tijerina finds that the lower court improperly granted a default judgment in favor of the appellee in this case seeking a declaratory judgment that the appellee owns an interest in the appellant company. The appellant's pro se answer was defective, but "sufficient to ward off a default judgment." Reversed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: December 7, 2023, Case #: 13-22-00446-CV, Categories: Civil Procedure
J. Tijerina finds that the lower court properly granted the city's plea to the jurisdiction in this lawsuit brought by an individual who was allegedly arrested at a shopping mall. On appeal, the individual, who appears pro se, fails to challenge "the bases for the trial court's grant of the City's plea to the jurisdiction." Instead, he only challenges the dismissal under Rule 91a. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 30, 2023, Case #: 13-22-00152-CV, Categories: Civil Procedure, Civil Rights, Jurisdiction
J. Tijerina finds that the lower court properly dismissed the appellants' claims against the critical care physician in this health care liability action. The expert report failed to link the physician to the patient's alleged injuries. Additionally, the lower court should have awarded attorney fees to the physician, and that issue should be remanded for further proceedings. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: November 2, 2023, Case #: 13-22-00005-CV, Categories: Health Care, Experts, Attorney Fees
J. Tijerina conditionally grants the relator's petition for a writ of mandamus, in which he challenges certain interim orders in the underlying suit affecting the parent-child relationship. The lower court abused its discretion with the orders, and the relator "lacks an adequate remedy by appeal." Accordingly, he is entitled to mandamus relief, and the interim orders should be vacated.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: October 4, 2023, Case #: 13-23-00371-CV, Categories: Civil Procedure, Family Law
J. Tijerina finds that the lower court did not abuse its discretion when it awarded the mother "the exclusive right to designate the primary residence of her child" in this suit affecting the parent-child relationship. Also, the record does not show that the trial court denied the father a fair trial, as he argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: September 21, 2023, Case #: 13-21-00457-CV, Categories: Civil Procedure, Family Law
J. Tijerina finds that the lower court properly imposed death penalty sanctions in this suit seeking to quiet title to certain properties. The appellants contend that the evidence does not support the sanction, because it does not support the finding that "the receipts proffered by appellants during discovery were fraudulent." However, a forensic document examiner testified that the deceased's signature had been copied onto the receipts, meaning there was "some evidence of a probative force." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: August 31, 2023, Case #: 13-21-00330-CV, Categories: Evidence, Real Estate, Sanctions
J. Tijerina finds that the lower court properly entered an order of civil commitment against the appellant pursuant to the Sexually Violent Predator Act. Contrary to the appellant's argument, the evidence sufficiently supports the jury's finding that "he suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: August 10, 2023, Case #: 13-22-00467-CV, Categories: Evidence, Commitment
J. Tijerina finds that the lower court properly granted the individual appellees' special appearance and dismissed the airline passenger's claims against them, alleging that he was improperly removed from his seat. There is no general jurisdiction over the flight captain and the flight attendant, as their contacts with the state are not "continuous and systematic." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 29, 2023, Case #: 13-21-00328-CV, Categories: Emotional Distress, Jurisdiction
J. Tijerina finds that the lower court properly denied the department's plea to the jurisdiction in this lawsuit involving personal injuries allegedly caused by an under-the-seat heater on a prison bus. The individual plaintiff, who was being transported on the bus, sufficiently argues that he was burned after guards refused to reduce the heat. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00246-CV, Categories: Transportation, Negligence, Jurisdiction
J. Tijerina finds that the lower court properly granted summary judgment to the manufacturer of a heater in this personal injury lawsuit alleging that an individual suffered burns on his legs while riding aboard a prison bus, where the heater was allegedly located beneath the individual's seat. The individual fails to provide sufficient evidence of a safer design. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 15, 2023, Case #: 13-21-00248-CV, Categories: Tort, Negligence, Product Liability
J. Tijerina finds that the lower court properly terminated the mother's parental rights to her son. The lower court had jurisdiction at the time of the order since it "effectively extended the automatic dismissal date." Also, the evidence sufficiently supports the best interest findings. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: June 8, 2023, Case #: 13-23-00045-CV, Categories: Civil Procedure, Family Law
J. Tijerina conditionally grants in part this petition for a writ of mandamus, in which the relators challenge the lower court's jurisdiction over a guardianship proceeding. The proposed ward was not served with citation, thus depriving the lower court of personal jurisdiction over him. Accordingly, the guardianship order is void.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: May 31, 2023, Case #: 13-23-00157-CV, Categories: Civil Procedure, Jurisdiction, Guardianship