92 results for 'court:"Texas Supreme Court"'.
J. Busby grants an ATV dealer's petition for mandamus relief in a mental anguish case brought by a minor who claims the dealer's negligence in selling a vehicle with recalled parts led to her physical and psychological injuries after it rolled over, killing her brother. The court of appeals granted the minor's motion to quash the dealer's attempt to review her psychological treatment records, holding that an exception under the Texas Rules of Evidence had not been triggered to allow the release of the documents. However, because the minor's mental state is a part of her claims and the dealer's defense, the exception to the rules of evidence is triggered, thus making the records discoverable.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 13, 2024, Case #: 22-1167, Categories: Evidence, Emotional Distress, Discovery
J. Huddle finds that the court of appeals improperly ruled against a doctor being sued by a woman who says the doctor failed to sterilize her, leading to an unwanted pregnancy. The state does not recognize the birth of a healthy child as an injury for which a parent can seek damages. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: May 10, 2024, Case #: 22-0410, Categories: Damages, Negligence, Medical Malpractice
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: Civil Procedure, Trusts, Wills / Probate
J. Devine finds that the court of appeals improperly ruled in a wrongful death case filed by the family of a cyclist who was killed when a Houston police patrol car struck him as the officer was responding to a call. The officer's actions were done in the course of his duties and were done in good faith. Because the family failed to present evidence to refute those conclusions, the city is entitled to sovereign immunity and dismissal of the case. Revered.
Court: Texas Supreme Court, Judge: Devine, Filed On: May 10, 2024, Case #: 22-1074, Categories: Government, Immunity, Wrongful Death
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: Civil Procedure, Tort
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Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: Jury, Vehicle
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, Property, Enforcement Of Judgments
J. Lehrmann finds that the court of appeals improperly ruled in favor of a property owner who claims the insurance company improperly denied coverage for hail and windstorm damage to his beachfront condo. The court of appeals found that the trial judge lacked jurisdiction over the case because she was not appointed by the Judicial Panel on Multidistrict Litigation. While the requirement that a judge must be appointed by the panel to hear litigation such as this is mandatory, it is not jurisdictional. The trial court did not lack jurisdiction because the judge was not appointed and the legislature did not have such an intent in crafting this area of the insurance code. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 10, 2024, Case #: 23-0447, Categories: Civil Procedure, Insurance, Jurisdiction
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: Civil Procedure, Jury, Damages
J. Blacklock finds that the court of appeals improperly affirmed a jury verdict in favor of two City of Denton employees who sued the city under the Texas Whistleblowers Act after they were allegedly fired for reporting a member of the city council for meeting with a reporter at their home, violating the Public Information Act and the Open Meetings Act. The city council members are not paid, thus making the council member not an employee who would otherwise be covered under the Act. Furthermore, her actions were hers alone and not on behalf of the city council. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: May 3, 2024, Case #: 22-1023, Categories: Administrative Law, Government, Whistleblowers
J. Young finds that the court of appeals improperly ruled against Texas State University in an injury case that was filed by an individual who was thrown from a golf cart being driven by a university employee. While the individual sued the driver and the university before the two-year statute of limitations expired under the Texas Tort Claims Act, she did not serve the university until three years after the limitations had expired. Both the action of filing a lawsuit and serving the parties involved is included in the two years allotted to plaintiffs. Because the individual failed to meet that standard, the claims against the university should be dismissed. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: May 3, 2024, Case #: 22-0291, Categories: Civil Procedure, Government, Tort
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: Government, Medicaid, Property
J. Stevens, finding no reversable error, upholds the trial court’s revocation of the defendant’s 10-year sentence to community supervision following his plea of guilty to deadly discharge of a firearm. He was sentenced to eight years in prison. Affirmed.
Court: Texas Supreme Court, Judge: Van Cleef, Filed On: May 2, 2024, Case #: 06-23-221-CR, Categories: Firearms, Sentencing
J. Huddle finds that the court of appeals properly ruled to dismiss a lawsuit brought by the successors of a property owner whose property was foreclosed upon and the mineral rights were sold to the owner of an oil company. Because the foreclosure of the property occurred over 20 years ago, the statute of limitations on the successors' claim has already expired. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: April 26, 2024, Case #: 22-0913, Categories: Property, Public Record, Due Process
Per curiam, the Texas Suprme Court grants AutoZoner's petition for mandamus relief allowing two out-of-state attorneys to appear pro hac vice in an underlying age discrimination lawsuit filed by a former employee. The trial court and court of appeals denied the attorneys' motion to appear in the case, reasoning that they signed documents without being formally admitted to the case. However, it is common practice for out-of-state attorneys' names to be listed below the name and signature of the Texas attorney who makes the filing and raises no ethical concerns.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-0719, Categories: Civil Procedure, Employment
Per curiam, the Texas Supreme Court grants a petition for mandamus relief filed by an oil company that sought to dismiss a wrongful death lawsuit filed by the family of a former employee who died due to a metastasized growth in his kidney. The growth was first discovered during a medical examination mandated by the company in Egypt, but the former employee only learned about its existence a year later. Reviewing the case against the statutory forum non convenien factors, it can be concluded that Egypt is the appropriate venue for the family to pursue their claims.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-1014, Categories: Wrongful Death, Venue
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: Education, Covid-19, Contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a truck driver who sued the owners of three companies that manage the trucking operation after he was injured falling asleep behind the wheel and crashing. There is a lack of evidence to show that the truck driver was an employee of one of the owners. Furthermore, the trial court incorrectly used a pattern jury charge to define "employee," rather than a federal definition. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 19, 2024, Case #: 21-0853, Categories: Employment, Jury
J. Devine finds that the court of appeals improperly ruled against a private developer in a contract case it filed against the City of San Antonio water system. Based on a contract it formed with the city, the developer alleged that the city was obligated to reserve sewer capacity for a housing development project. The court of appeals granted the city's motion to dismiss the case, citing governmental immunity, and finding that the city had no contractual right to reserve the capacity. However, the contract entered into by the developer and the city waived the city's immunity because it effectively outlined the terms of the project, forming an agreement between the parties. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: April 12, 2024, Case #: 22-0481, Categories: Government, Water, Immunity
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, Water, Immunity
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against Randalls in a premises liability case filed by a shopper alleging that the store should be held liable for her fall next to a grocery cart she claims was leaking its contents. The jury found that the grocery store chain did not have any constructive knowledge of the cart. The court of appeals reversed, finding that the jury should have also answered the question regarding whether Randalls had actual knowledge of the court. However, "since there is no evidence of actual knowledge of the danger, no reasonable jury could have answered the actual-knowledge question" in the shopper's favor. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-0041, Categories: Evidence, Jury, Premises Liability
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a homeowner in a damages case he filed against the seller of his home. When the seller sought to initiate arbitration of the issue under the home purchase agreement, the homeowner argued that he could not be compelled to arbitrate because the cost would be unconscionable. The court of appeals held that the arbitration costs were excessive and unenforceable. As a matter of process, the homeowner should have raised the issue of costs with the arbitrator before continuing in the courts. Furthermore, the homeowner failed to show evidence of how the cost of arbitrating the issue was unreasonable but litigating the issue in court was less costly. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 22-0830, Categories: Arbitration, Damages, Contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a husband in a divorce case when it determined that investment accounts belonging to him were not separate property. Because an expert testifying on the accounts was unable to see statements from the following four months, the court of appeals held that the husband failed to show evidence that the accounts were separate property. While the expert was unable to view the specific account statements, they were still admitted into evidence and still part of the record. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 22-0565, Categories: Evidence, Family Law, Experts
J. Bland finds that the court of appeals improperly ruled in favor of a father whose parental rights were terminated by the trial court. The court of appeals held that the father's history of drug use did not constitute evidence showing he directly endangered his children. However, his parental behavior as a whole shows a risk to the children's well-being and likelihood of being endangered. The father's entire history of drug use, refusal of court-mandated drug tests and secure employment presented sufficient evidence to terminate his parental rights. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: March 22, 2024, Case #: 22-0978, Categories: Family Law
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: Administrative Law, Government, Municipal Law
Per curiam, the Texas Supreme Court vacates the court of appeals' judgment in a governmental immunity case in which a contractor claimed that the city of Hutto failed to pay it after its work was complete. The court of appeals agreed with the city's assertion that the contractor's claims were barred by governmental immunity because the contract signed between the parties was not properly completed. However, due to the Texas legislature's recent passage of a bill requiring governmental entities to notify contractors of failures to properly complete the contract process before beginning work, the case must be remanded to the trial court for further consideration.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-0973, Categories: Government, Immunity, Contract
J. Blacklock finds that the court of appeals improperly ruled in favor of a doctor in a case brought by a patient of his who claims he released her from the hospital prematurely and is liable for damages she sustained in a fall. While the patient filed her suit within the tolling period of the statute of limitations, the form was incomplete, leading the court of appeals to find in favor of the doctor. However, an incomplete from is still viable for the tolling of the limitations period. Therefore, the patient's claims are ripe. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: March 8, 2024, Case #: 22-0435, Categories: Civil Procedure, Medical Malpractice
J. Huddle finds that the court of appeals properly ruled in favor of a Catholic bishop in a damages case filed against him by a construction company after a former employee allegedly stole resources to renovate the bishop’s home. The bishop sought to enter into a settlement credit following a jury verdict that awarded the company damages. Despite the company’s claims against the credit, the evidence shows that the bishop is entitled to one, thus rendering a take-nothing judgment for the company. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: March 1, 2024, Case #: 22-0168, Categories: Property, Settlements, Damages
J. Devine finds that the court of appeals properly ruled in favor of a husband who argued that the trial court failed to fully resolve the divorce proceedings before his wife's death. An email sent from the court to the parties' counsel was not a “public announcement,” making it an “ineffective rendition.” Without a proper announcement rendering judgment, the matter of the couple’s divorce was unresolved at the time of the wife’s death. Affirmed.
Court: Texas Supreme Court, Judge: Devine, Filed On: March 1, 2024, Case #: 22-0242, Categories: Civil Procedure, Family Law
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: Insurance, Settlements, Indemnification