39 results for 'judge:"Worthen "'.
J. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: Evidence, Insurance
J. Worthen finds the trial court improperly concluded the brother breached a contract with his sister. The siblings inherited portions of their mother's property, along with her debts. They executed an agreement from which the sister sued for breach after she finished making payments on the debts and the brother failed to transfer her portion of the property. Although jury instructions provided a definition of ���condition precedent,��� no questions asked the jury to determine the fulfillment of the conditions. The brother could not have breached the contract had the sister not failed to pay the note, and there is no proof the note was paid in full. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 3, 2024, Case #: 12-23-00116-CV, Categories: Property, Wills / Probate, Contract
J. Worthen finds the trial court properly found for a water district. The property owner declined the district's offer to purchase an easement across a portion of their property containing a water well and the district then filed a condemnation petition. After the owner declined to respond for more than three years, the trial court granted summary judgment to the district, vesting it with the property rights, and awarding the owner $29,000. The owner made no objection at trial to the alleged deficiencies in the affidavit asserting no bona fide offer was made from the county. The owner has failed to preserve the arguments about the affidavit���s defects. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00254-CV, Categories: Administrative Law, Property, Water
J. Worthen finds the trial court properly denied defendant's second motion for post-conviction DNA testing. Defendant was convicted of capital murder and sentenced to life in prison for the robbery and shooting death of a convenience store operator. Eyewitness testimony and DNA evidence link defendant to the scene of the crime during the appropriate timeframe. Defendant does not explain what newer testing techniques are available, what result he anticipates the testing would produce or how that result would cast doubt on the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: March 28, 2024, Case #: 12-23-00246-CR, Categories: Dna, Murder, Robbery
J. Worthen denies the parent's petition for a writ of mandamus challenging a protective order. The order was entered against the parents on behalf of their child after a minor told his mother the child had touched his penis and exposed him to others on the school bus in exchange for Pokemon cards. The parent's essential argument that a child victim cannot seek protection when the offending person is another child is contrary not only to the relevant statute���s purpose, but also to the state's policy to protect the interests of children.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 29, 2024, Case #: 12-24-00010-CV, Categories: Civil Procedure, Family Law, Restraining Order
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J. Worthen finds the trial court improperly denied Union Pacific's motion for summary judgment. The county, pursuant to an agreement modified by ongoing litigation and regulations extending 150 years into the past, sought to keep railroad offices and workers in the city of Palestine, TX in perpetuity after mergers, bankruptcy reorganizations and regulatory influence over the ensuing companies from the original company from which the agreement arose. The Interstate Commerce Commission Termination Act preempts the agreement, and because there was neither unreasonable delay nor detrimental reliance by Union Pacific, the county did not establish the affirmative defense of laches. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 22, 2024, Case #: 12-23-00152-CV, Categories: Commerce, Transportation, Contract
J. Worthen finds the trial court improperly granted defendant's motion to suppress evidence of a weapon found during a vehicular search. Had defendant, as a passenger, with no possessory interest in the vehicle, been allowed to leave, the officer���s ability to search the vehicle would not have been affected. Defendant did not have standing to make a Fourth Amendment claim, as standing is dependent on illegal detainment. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 7, 2024, Case #: 12-23-00185-CR, Categories: Evidence, Search, Weapons
J. Worthen dissolves the temporary injunction granted to the business partner. The partner sought declaratory judgment that a note for land is not in default because the amount the owner owes the partner pursuant to a default judgment in another contract dispute exceeds the amount of the payment owed for the land. The injunction prevented the owner from foreclosing until the trial court rendered judgment and ordered the parties to schedule a trial. The trial court���s requirement the parties schedule a trial for an unspecified date by contacting the court coordinator does not comply with the rule governing the setting of the cause for a trial on the merits.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 31, 2024, Case #: 12-23-00211-CV, Categories: Due Process, Partnerships, Contract
J. Worthen finds the trial court properly denied the nursing home's motion to dismiss the liability suit. The patient's granddaughter filed suit after the patient developed pressure wounds, sustained a fracture and contracted urinary tract infections. The trial court properly overruled the nursing home's objection to the granddaughter's expert's report asserting the home provided substandard care. The expert is not required to be certified in elder care. In a case not involving an individual health care provider, the expert need only have knowledge of accepted standards and experience regarding a breach of standards. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 24, 2024, Case #: 12-23-00225-CV, Categories: Health Care, Negligence, Experts
J. Worthen finds the trial court properly convicted defendant for aggravated robbery based on sufficient evidence. After robbing a restaurant manager at gunpoint of money from the safe and his cell phone, tracking information from the victim's cell phone led to defendant. Furthermore, police officers, with a warrant, used defendant's cell phone location history, which put him at the location of the robbery when it occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 11, 2024, Case #: 12-22-00270-CR, Categories: Evidence, Robbery, Technology
J. Worthen finds the trial court properly convicted defendant for murder based on sufficient evidence. Witnesses saw defendant hit his lover's ex with his truck, severing the victim's leg. Furthermore, defendant's blood was found on the driver's seat, and when he was arrested, he was found to have injuries consistent with his chest having hit the steering wheel. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: January 11, 2024, Case #: 12-22-00313-CR, Categories: Evidence, Murder, Vehicular Homicide
J. Worthen finds the trial court properly ordered the mental health patient be involuntarily administered psychoactive medication. A treating physician offered specific testimony regarding consequences, prognosis and the absence of less intrusive treatments that are likely to produce the same results as medications. There is clear and convincing, legally sufficient evidence to support the order. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: December 14, 2023, Case #: 12-23-00243-CV, Categories: Civil Procedure, Health Care, Commitment
J. Worthen finds the trial court improperly granted the ex-wife's post-divorce decree motion for contempt and enforcement. A liquidated damages provision created a remedy for failure to timely deliver property by awarding the entire fair market value of the property. When the court applied this, it awarded proceeds of previously divided property, shifting them entirely from the husband to the wife. This goes beyond enforcement, resulting in the husband���s divestment of proceeds. Vacated.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 30, 2023, Case #: 12-22-00315-CV, Categories: Family Law, Property, Tax
J. Worthen conditionally grants the petition for a writ of mandamus challenging the trial court's order that the relator appear for a presuit oral deposition to enable the real party-in-interest properties company to investigate a potential claim against her. Though the properties company has withdrawn its petition for deposition, there is no evidence in the record the court has withdrawn the order.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00275-CV, Categories: Property, Due Process
J. Worthen denies the medical center's petition for a writ of mandamus challenging the trial court's order striking its designation of responsible third parties. The real party-in-interest says she was injured while working for the medical center, a workers' compensation nonsubscriber. The court granted her motion to strike from her argument that the civil practice code, which includes the responsible third-party statute, does not apply to actions seeking to collect under workers��� compensation. Negligence cases against nonsubscribers are actions under the Worker's Compensation Act and designation of a responsible third party is barred.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 21, 2023, Case #: 12-23-00263-CV , Categories: Negligence, Due Process, Workers' Compensation
J. Worthen finds the trial court improperly awarded sanctions in favor of the apprentice tattoo artist against whom a breach of noncompete agreement suit was filed after she was terminated from her apprenticeship and obtained work at another studio. Owners of the studio from which she was fired filed suit, then a notice of nonsuit after the apprentice's attorney filed a motion to dismiss, then sought sanctions. A justiciable issue existed for the studio to seek declaratory judgment to interpret the agreement, and the trial court did not explain the connection between the sanctions and conduct or how it arrived at the amount. Reversed in part.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: November 15, 2023, Case #: 12-23-00060-CV, Categories: Sanctions, Contract
J. Worthen finds the trial court properly convicted defendant by jury trial for assault on a peace officer. The state presented evidence that defendant, while under the influence of narcotics, bit the officer on the wrist as he tried to set defendant in an upright position. The jury was free to believe or disbelieve witness testimony, and circumstantial evidence can be sufficient to establish guilt. No evidence shows that a jury could reasonably believe that the bite was involuntary or resulted from a mental health episode. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00289-CR, Categories: Evidence, Jury, Assault
J. Worthen finds the trial court properly convicted defendant for burglary of a habitation. Defendant, the daughter of the homeowner, who had been civilly evicted by her parents for issues arising from drug addiction, was found in her parents' home without permission and had a container of Chinese food that did not belong to her. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-23-00104-CR, Categories: Burglary, Evidence
J. Worthen finds the trial court properly confirmed the arbitration award in favor of the medical center in this suit brought by the law firm contracted to collect on unpaid patient accounts. The medical center sold its assets, including the collection contracts, which were not assumed by the purchaser. The purchaser owned the account database and denied the law firm access. The parties agreed to arbitration and the law firm was granted a fee upon account collection, but not upon their sale. The award accorded with the arbitration agreement and the law firm fails to establish that the arbitrator exceeded his powers. There are no grounds for vacatur. The law firm offers no evidence of data falsification. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: November 8, 2023, Case #: 12-22-00124-CV, Categories: Arbitration, Debt Collection, Contract
J. Worthen finds the trial court improperly granted the parents' motion for summary judgment in this suit arising upon their son's accidentally killing his friend with a shotgun during a prank. The at-fault parents originally settled with the parents of the deceased for $25,000, but late discovery indicated that the at-fault son���s grandfather had given false testimony, resulting in their seeking recission and a suit for damages. Because no summary-judgment evidence shows that the parents of the deceased filed a second lawsuit raising the same claims as those in the underlying litigation, the at-fault parents��� affirmative defense of res judicata does not apply. Other arguments regarding summary judgment evidence authentication are not preserved for review. Reversed and remanded. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 31, 2023, Case #: 12-23-00140-CV, Categories: Negligence, Due Process, Wrongful Death
J. Worthen finds the trial court properly found in favor of the grandfather who purchased a shotgun for his grandson, who accidentally shot and killed a friend during a prank. The grandfather settled with the parents of the deceased for $25,000 in the negligence suit, but late-received discovery, which the parents of the deceased say proved the grandfather gave false testimony, resulted in their seeking recission and a separate suit for damages. Since the parents��� objection to the lack of authentication of the grandfather���s summary judgment evidence was to the form rather than the substance of the evidence, they were required to obtain a ruling, which was not secured. The objection is not preserved for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 31, 2023, Case #: 12-23-00112-CV, Categories: Evidence, Negligence, Wrongful Death
J. Worthen finds the trial court properly convicted defendant for violation of the terms of his community supervision for assault-family violence by impeding breath or circulation with a prior conviction, sentencing him to 15 years in prison. The sentence is within the applicable statutory punishment range for this violent crime. All evidence and cited case law supports the sentence. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: October 11, 2023, Case #: 12-23-00063-CR, Categories: Sentencing, Assault, Domestic Violence
J. Worthen finds the trial court properly adjudicated defendant as a sexually violent predator, entering an order of civil commitment. The evaluating forensic psychologist diagnosed defendant with a non-exclusive form of pedophilia as well as substance abuse disorders and adult antisocial behavior, stating that he exhibits many risk factors for sexually violent conduct and re-offense. The relevant Sexually Violent Predator Act���s definition of ���behavioral abnormality��� does not require a particular diagnosis. This evidence supports the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: September 20, 2023, Case #: 12-23-00006-CV, Categories: Commitment
J. Worthen finds the trial court improperly denied defendant's pretrial application for writ of habeas corpus seeking a bond reduction on his charge for aggravated assault with a deadly weapon. The 17-year-old high school student was accompanied by his mother when he turned himself in and his bond was set at $500,000. The court abused its discretion by denying the request for bail reduction. The amount is unsupported by the evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: September 20, 2023, Case #: 12-23-00159-CR, Categories: Assault, Bail
J. Worthen conditionally grants the relator's petition for a writ of mandamus challenging the trial court's granting of the grocery store's motion to quash the deposition of its corporate safety manager in the underlying trip-and-fall suit. The grocery store's argument that the relator is required to notice the deposition of its representative, permitting it to select whom will be deposed, does not align with the cited Texas rule of civil procedure which is meant to merely supplement ���the practice whereby the examining party designates the... official to be deposed...��� However, the relator has not shown that she lacks another remedy in relation to the denial of her motion to compel discovery. The writ is conditionally granted in part.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: September 13, 2023, Case #: 12-23-00207-CV, Categories: Due Process, Discovery, Premises Liability
J. Worthen finds the trial court properly denied the city���s plea to the jurisdiction in favor of the developers who had secured temporary certificates of occupancy in a building governed by an ordinance the city sought to pass precluding residential use. The developer���s pleadings support subject matter jurisdiction. The city���s contention that the developer���s claim for violation of the Open Meetings Act as unripe is without merit. Though, because the city had not acted on a permit application when the court denied its plea to the jurisdiction, its claim under local code governing permits was not ripe for disposition. Affirmed in part. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: September 1, 2023, Case #: 12-22-00312-CV, Categories: Municipal Law, Property, Zoning
J. Worthen finds the trial court properly terminated the mother���s parental rights, a decision wherein the foster parents, who had been fostering the child for more than 12 months, intervened alleging that the mother���s proposed conservatorship would not be in the child���s best interest. The mother now alleges that the fosters do not have standing to intervene. At the final hearing the mother testified to meth use, that she was living with a male friend who had ���been to prison,��� had drug-related criminal history, and was recently arrested for driving without a license. The record demonstrates that awarding her custody would result in physical and emotional harm to the child. The trial court did not err in finding the intervenors had standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: August 23, 2023, Case #: 12-23-00128-CV, Categories: Evidence, Family Law, Guardianship
J. Worthen finds the trial court properly convicted defendant for burglary of a habitation. A neighbor of the victim observed the burglary in progress and later identified the perpetrators from a photographic lineup. The disputed portion of the prosecutor���s argument regarding the difference between a ���habitation��� and a ���building��� as posed by defendant on the basis that the structure did not have electricity was based on a reasonable and fair inference drawn from the totality of facts in evidence, including the victim���s testimony that his electric meter had been tampered with. Nothing suggests that the state offered the argument in bad faith. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-22-00174-CR, Categories: Burglary, Evidence