275 results for 'casenum:"24"'.
J. Pena finds that the lower court properly terminated the father's parental rights to his son. The father argues on appeal that the evidence does not sufficiently support a finding that termination was in the child's best interest. However, he failed to properly preserve the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 23, 2024, Case #: 13-24-00009-CV, Categories: Civil Procedure, Family Law
J. Miskel conditionally grants the relators' petition for a writ of mandamus, in which they challenge a temporary restraining order in the underlying proceeding "relating to the depopulation of a commercial deer breeding facility." The order was an abuse of discretion, in that it was issued "during the pendency of an interlocutory appeal" regarding jurisdiction.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 23, 2024, Case #: 05-24-00582-CV, Categories: Civil Procedure, Jurisdiction
J. Barrett finds that a mother's parental rights were properly terminated. The department of human services and minor children exercised an emergency hold due to allegations of abuse, neglect, and parental unfitness, and an emergency custody petition was filed the same day based on allegations of environmental neglect, inadequate food and shelter, sexual and physical abuse, and inadequate supervision. The mother had previous cases in Florida, Tennessee, and Arkansas, and caseworkers consistently found the home strewn with trash, clothing, and other items. One child had bruises on her leg from, she claimed, belt “whoopins" performed by her mother, and other children told the caseworker they were starving and begged for food. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: May 22, 2024, Case #: CV-24-3, Categories: Family Law, Assault
J. Chehardy finds that the trial court properly determined that it was in the best interest of the parties' children to grant their mother sole custody, with the father granted visitation every other weekend. The evidence of the older child's suicide attempt and his threat to commit suicide if made to go to his father’s house supported a finding that a change in circumstances materially affecting the children’s well-being had occurred since the prior order of custody. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: May 22, 2024, Case #: 24-CA-6, Categories: Evidence, Family Law
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Per curiam, the court of appeals denies the healthcare group's petition for permissive appeal. The renal care group sued the healthcare group and other entities for breach of contract and declaratory judgment, requiring the network rate be paid for all current and future patients covered by the healthcare network contract. Nothing in the record shows the trial court ruled on the specific legal issues the group presents for decision. Because the trial court failed to make substantive rulings on identified “controlling legal issues,” questions certified by its orders do not involve controlling questions of law, and the appeals court is not authorized to reach them on interlocutory appeal.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 22, 2024, Case #: 12-24-00056-CV, Categories: Health Care, Insurance, Contract
J. Lettow allows a company to intervene in bid protest claims concerning a government contract because the company established a claim or defense relevant to the action.
Court: Court of Federal Claims, Judge: Lettow, Filed On: May 22, 2024, Case #: 24-365, Categories: Contract
Per curiam, an appeal by the Texas Department of Family and Protective Services is nullified and returned to the trial court to determine whether a proposed conservatorship agreement between the state and the mother is in the best interests of the child. The trial court is in the best position to make the decision because conservatorship determinations are “‘intensely fact driven.'"
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 22, 2024, Case #: 06-24-00014-CV , Categories: Family Law, Judiciary
Per curiam, the appeals court finds the trial court properly denied defendant's motion to dismiss aggravated assault charges he faced on immunity grounds citing Florida's "Stand Your Ground" law. Because the evidence in the record does not support defendant's facial claim of self-defense immunity, the trial court made no error denying his motion, and his petition for writ of certiorari is denied.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 21, 2024, Case #: 24-0562, Categories: Assault, Self Defense
J. Lambert finds that defendant's pro se motion to correct an illegal sentence was unauthorized and null because he was still being represented by counsel at the time he filed it, so the trial court's order denying the motion must be reversed. The case is remanded for the trial court to strike defendant's pro se motion, but defendant can still file a proper motion under Florida criminal procedures appealing the judgment and sentence he received after being found to have violated probation he was placed on after being convicted of burglary. Reversed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 21, 2024, Case #: 24-0798, Categories: Burglary, Criminal Procedure, Sentencing
J. Christopher finds that the father's parental rights to his child were properly terminated based on sufficient evidence to support the predicate finding as to endangerment. The evidence showed the father failed to seek medical help for the child when he was in medical distress on two occasions. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: May 21, 2024, Case #: 14-24-00125-CV, Categories: Evidence, Family Law
J. Kunselman finds that the lower court properly entered judgment in favor of one pair of neighbors to grant them a prescriptive easement through another neighbor’s property. The appealing neighbor failed to raise a defense against the granting of the easement at the pleadings stage. Affirmed.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: May 20, 2024, Case #: J-S13045-24, Categories: Civil Procedure, Property
J. Kennedy finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that she did not receive effective assistance of counsel based on her attorney's alleged failure to obtain "a ruling on her motion to extend the dismissal deadline to allow her additional time to comply with the terms of a court order establishing the actions necessary for reunification." However, the mother did not attend the hearing on the motion, and there was evidence that she failed to make a good faith effort to complete the required services. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 17, 2024, Case #: 05-24-00247-CV, Categories: Civil Procedure, Family Law
J. Van Cleef grants on appeal the cost reduction requests by an indigent defendant sentenced to 20 months in state jail for violating the terms of his community probation for unauthorized use of a vehicle. The trial court erroneously assessed $765 in attorney fees against the indigent defendant without finding a “material change in financial circumstances.” The trial court also failed to orally announce a $1,500 fine at the sentencing, which is deleted. Affirmed.
Court: Texas Court of Criminal Appeals, Judge: Van Cleef, Filed On: May 16, 2024, Case #: No. 6-24-3-CR, Categories: Sentencing, Sanctions, Attorney Fees
Per curiam, the appellate division finds that attorney Devon Joseph Casertino should be censured for failing to abide by terms set for his conditional admittance to the bar, including that he associate with an experienced lawyer and refrain from engaging in solo practice. Meanwhile, the parties jointly agreed to discipline in the form of censure. However, Casertino's pending request to discontinue those conditions should be denied as inadvisable at this time.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: PM-94-24, Categories: Attorney Discipline
J. Smith finds that the trial court properly terminated the father's parental rights to his child. There was sufficient evidence to support the predicate ground of endangerment and the best-interest finding. This includes the father's "history of recurring substance abuse" and "drug-related incarceration." Also, the child was "very attached" to his foster family, which was able to provide him a safe and stable home. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 16, 2024, Case #: 10-24-00002-CV, Categories: Evidence, Family Law
J. Carney finds that the district court properly held that a Ukrainian mother violated international child abduction laws by taking her two children to New York after Russia invaded their homeland, rather than send her children to their father's residence outside Ukraine, under their custody arrangement. That the father consented to the children's removal for safety reasons did not preclude wrongful retention claims he brought under the Hague Convention after learning that the mother had moved the children to the U.S. However, limited remand is required to clarify that Ukrainian courts maintain authority over the ultimate custody determination. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: May 16, 2024, Case #: 24-172, Categories: Family Law, International Law
J. Scales finds the trial court did not err by not granting the siblings' demand that it sign a proposed order granting them summary judgment on their claim of professional negligence against their former attorneys. Although the trial court did say in March of 2022 that it intended to sign an order granting partial summary judgment after orally granting judgment on the claim, the siblings' petition for a writ of mandamus ordering the trial court to sign such an order cannot be granted because that act is not "purely ministerial."
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 15, 2024, Case #: 24-0351, Categories: Judiciary, Negligence, Legal Malpractice
J. Schlegel finds that the trial court should not have denied an insurer's motion for summary judgment for coverage to an insured on a claim of faulty repair work the insured performed on a truck. The insurer's policy does not provide coverage for damages arising from faulty workmanship. Further, the truck owner presented evidence that when its employees went to retrieve the truck, the insured's employee started up the truck and drove it a short distance despite the fact that the engine warning light and alarm had activated due to lack of sufficient oil in the engine. Therefore, the "products completed operations hazard” does not apply because the truck was still on the insured's property at the time the damage occurred. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: May 15, 2024, Case #: 24-C-125, Categories: Insurance, Contract