1,963 results for 'court:"Texas Courts of Appeals"'.
J. Johnson finds the trial court properly convicted defendant for murder. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant, in a confused state of mind, was sitting on the porch and claimed that the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Though defendant said that he did not know the victim, it was later discovered that he had recently met her on a dating website. Though defendant says the shooting was accidental, sufficient evidence supports the conviction. No ineffective assistance is found; and testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: Evidence, Ineffective Assistance, Murder
J. Golemon finds the trial court properly convicted defendant for DUI. The prosecutor showed the jury a puzzle with pieces missing, and after adding the pieces to show the full picture noted that the term "beyond a reasonable doubt" consisted of common sense. The defense objected, stating that the prosecution was attempting to redefine "beyond a reasonable doubt." The judge correctly overruled the objection, telling the jury that there was “no specific legal definition of beyond a reasonable doubt” and that it was up to each juror to determine. Dashcam/bodycam videos, as well as the results of field sobriety and breath tests, support the conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 15, 2024, Case #: 09-22-00266-CR, Categories: Evidence, Prosecutorial Misconduct, Dui
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, Fraud, Contract
J. Kennedy finds on remand from the court of criminal appeals that the lower court properly assessed costs of court in this case stemming from a bond forfeiture. However, the judgment is modified to delete certain fees, which were improperly assessed, including the law library, the appellate fund and the records management fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 14, 2024, Case #: 05-20-01005-CV, Categories: Civil Procedure, Forfeiture
J. Miskel finds that the lower court properly entered final judgment in this dispute between a tenant and a landlord involving a settlement agreement. The appellant's brief fails to include a proper discussion of the facts "with citations to the record" or a proper application of the law. Accordingly, the court cannot reach "the substance of his case." Affirmed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 14, 2024, Case #: 05-22-00098-CV, Categories: Civil Procedure, Landlord Tenant, Contract
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J. Carlyle finds that the lower court properly terminated the parental rights of the mother and the father to their child. The father failed to adequately preserve his due process argument. Additionally, the evidence sufficiently supports the lower court's best interest finding as to the mother. The record indicates that the mother was "living in a hotel at the time of the trial" and that she had a history of drug abuse. Additionally, the foster parents provided the child with a good home. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: May 14, 2024, Case #: 05-23-01255-CV, Categories: Evidence, Family Law
[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, Vehicle
J. Landau finds that the trial court properly dismissed the insured's action in connection with a claim she made on her homeowners' insurance policy for damage to her plumbing caused by the freeze in Texas in early 2021. The damage was "water" damage even though it was prompted by the freeze, so the insured's claim was subject to the water damage endorsement's coverage limit of $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 14, 2024, Case #: 01-22-00797-CV, Categories: Insurance
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: Evidence, Family Law
J. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: Damages, Contract
J. Kennedy finds in this interlocutory appeal that the lower court properly dismissed certain claims against the school district due to a lack of subject matter jurisdiction. Contrary to the appellant's argument, the district's removal of the case to federal court "did not impact its right to rely on governmental immunity under state law." Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: May 13, 2024, Case #: 05-23-00877-CV, Categories: Civil Procedure, Immunity, Jurisdiction
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: Sex Offender
J. Molberg conditionally grants the relators' petition for a writ of mandamus, in which they seek to compel the judge in the underlying contract case to rule on certain pending motions. The court concludes that the motions were properly filed and the "trial judge has failed to rule within a reasonable time."
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 10, 2024, Case #: 05-24-00191-CV, Categories: Civil Procedure, Contract
J. Palafox finds a lower court erred in granting defendant’s motion to quash after he was charged with child sex offenses. Defendant argued that it violated his double jeopardy rights to be charged with both continuous sexual abuse of a child and lesser constituent offenses, but while this is true for sentencing, “no sentence has yet been imposed and no judgment has yet been entered,” and prosecutors can pursue both at trial. Reversed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 10, 2024, Case #: 08-23-00335-CR, Categories: Sex Offender, Double Jeopardy, Child Victims
J. Rambin affirms a trial court’s summary judgment ruling against one of two female family members in a car collision action, finding the older female’s claim in the suit is time-barred. On appeal, however, the trial court’s ruling of summary judgment is reversed and remanded as improper as to the younger female because she was a 16-year-old minor at the time of the accident; the limitations were tolled until she reached 18. Reversed in part.
Court: Texas Courts of Appeals, Judge: Rambin, Filed On: May 10, 2024, Case #: 06-24-1, Categories: Civil Procedure, Tort, Vehicle
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: Employment, Damages, Fiduciary Duty
J. Guerra finds that the trial court properly declined to dismiss a former contestant's request for sanctions against the production company for Netflix's "Love is Blind." A motion for sanctions is not a "legal action" pursuant to the Texas Citizens Participation Act, so the trial court did not err in denying the TCPA motion to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00443-CV, Categories: Sanctions
J. Farris finds that the trial court must vacate its order setting aside the jury verdict and granting a new trial in divorce proceedings. The order did not provide the litigants with a reasonable and specific explanation for setting aside the verdict. However, because the basis of the trial court's order setting aside the verdict is unclear at this point, the ex-wife is not entitled to her request to direct the trial court to enter a judgment on the jury's findings.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 9, 2024, Case #: 01-23-00309-CV, Categories: Family Law
J. Guerra finds that the trial court properly granted an amended temporary injunction in an action over the alleged violation of a non-compete agreement. The injunction, which forbids the nurse practitioner from working as a nurse practitioner in a medical environment within a 20-mile radius of the business that she sold. There is sufficient evidence that the nurse practitioner has caused irreparable harm by working within one mile of her former business and diverting her patients to her new practice. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00482-CV, Categories: Contract, Injunction
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: Evidence, Murder, Sentencing
Per curiam, the court of appeals grants the pest control company's petition for a writ of mandamus. The company seeks to compel the trial court to withdraw its order denying its motion to compel a physical and mental examination of the parties in a car collision case. Expert examination is required to obtain a fair trial and, therefore, necessitates the intrusion upon the injured parties' privacy.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 09-24-00007-CV, Categories: Tort, Vehicle, Experts
J. Pena finds that the lower court properly denied the appellant’s dismissal motion pursuant to Chapter 74. The appellant contends that the plaintiff’s claim is a health care liability claim and that the expert report was not timely served. However, the complaint concerns the handling of a refund request after a surgery was not performed. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: May 9, 2024, Case #: 13-22-00508-CV, Categories: Health Care, Experts, Contract
Per curiam, the court of appeals finds that the trial court properly granted defense counsel's motion to withdraw because there are no reversible errors on the record following defendant's conviction for engaging in organized criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 01-23-00238-CR, Categories: Civil Procedure
J. Baker finds that the trial court properly ruled in part in a suit concerning a tenant's claims that their landlord failed to return their security deposit. The trial court ordered the tenant to take nothing for their claims and awarded the landlord damages on their counterclaim of unpaid rent, late fees and attorney fees. While the trial court had the right to award the landlord attorney fees accrued during the trial phase, it lacked such authority when it awarded conditional appellant attorney fees. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: May 9, 2024, Case #: 03-22-00483-CV, Categories: Landlord Tenant, Attorney Fees
J. Jones finds that the trial court properly ruled in favor of the Texas State Board of Dental Examiners, granting its plea to the jurisdiction in a lawsuit brought by a dentist who challenged disciplinary actions taken against him. Officials enjoy a broad authority to interpret rules and statutes and the alleged violations do not merit waiving the board's immunity. Affirmed
Court: Texas Courts of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 03-22-00752-CV, Categories: Administrative Law, Government, Immunity