34 results for 'judge:"Partida-Kipness"'.
J. Partida-Kipness finds that the lower court improperly awarded conditional appellate fees in this breach of contract case arising from the purchase of a nursing home. The evidence was insufficient to support the fee award for the appellees. Accordingly, the issue is remanded for a redetermination of the appellate attorney fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 5, 2024, Case #: 05-23-00574-CV, Categories: Attorney Fees, Contract
J. Partida-Kipness finds that the lower court improperly denied the housing development appellants’ motions to transfer this suit arising from the death of an individual who was struck by a piece of debris while riding his bike near a construction site. The proper venue is Travis County, where the events took place. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: August 22, 2024, Case #: 05-24-00532-CV, Categories: Tort, Venue
J. Partida-Kipness finds that the trial court improperly awarded attorney fees to the purchase of a vacant lot in Dallas, Texas, in this dispute brought against an individual who trespassed and harassed the workers on the lot, “sometimes in the nude, and sometimes holding a human skull replica.” The property owner did not submit “legally sufficient evidence” to support the attorney fee award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness , Filed On: August 22, 2024, Case #: 05-23-01150-CV , Categories: Property, Attorney Fees
J. Partida-Kipness finds that the lower court improperly denied the city’s plea to the jurisdiction in this lawsuit arising from a motor vehicle collision involving a police officer, who was pursuing a suspect vehicle for illegal street racing at the time of the incident. The city establishes that the officer is entitled to official immunity, as he was performing a discretionary function in good faith. Accordingly, the driver’s claims against the city are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 31, 2024, Case #: 05-23-00376-CV, Categories: Tort, Immunity, Jurisdiction
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J. Partida-Kipness finds that the lower court improperly dismissed the appellant company's breach of contract and fraud claims against the appellee transportation company in connection with a bus lease. The lower court erred in granting the appellee's Rule 91a motion, as the claims had "a basis in law and fact." Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 24, 2024, Case #: 05-23-00067-CV, Categories: Civil Procedure, Fraud, Contract
J. Partida-Kipness finds that the lower court improperly refused to award attorney fees through trial after the appellant construction company "prevailed on its breach of contract claim." The evidence was insufficient to establish the requested fee award, however, so the issue is remanded for a determination of the fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 24, 2024, Case #: 05-23-00675-CV, Categories: Attorney Fees, Contract
J. Partida-Kipness finds that the lower court properly granted the appellees' motion for directed verdict as to the counterclaims asserted in this contract dispute involving the purchase of a window business. The court concludes that the appellant's counterclaims were released under a release and waiver signed in 2017. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: June 10, 2024, Case #: 05-22-01184-CV, Categories: Civil Procedure, Contract
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: Civil Procedure, Family Law
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: Tax, Fiduciary Duty, Jurisdiction
J. Partida-Kipness finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. The father had a history of domestic violence and failed to participate in court-ordered services. There was also evidence that the children were doing well in their foster home. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 29, 2024, Case #: 05-23-01049-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds in this interlocutory appeal that the lower court properly denied the defendants' motion to abate the lawsuit asserting breach of fiduciary duty claims. The appellants contend that the dispute is subject to arbitration, but the court disagrees, based on the unambiguous language of the appellee company's operating agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 28, 2024, Case #: 05-23-00199-CV, Categories: Arbitration, Fiduciary Duty, Contract
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Partida-Kipness conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order granting a motion to quash certain discovery in the underlying construction dispute. The lower court erred in determining that the relators "abused the discovery process" and in ordering that the financial records at issue be destroyed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 18, 2024, Case #: 05-23-01085-CV, Categories: Civil Procedure, Discovery
J. Partida-Kipness finds that the lower court properly denied the appellant insurance company's motion to compel arbitration in this dispute involving "the scope of a release in a settlement agreement between the parties." The declaratory claims at issue fall under the settlement agreement's forum-selection clause. The court also concludes that the agreement "superseded the ADR Endorsement" contained in an excess liability policy with respect to the declaratory claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 13, 2024, Case #: 05-23-00719-CV, Categories: Arbitration, Insurance, Contract
J. Partida-Kipness finds that the lower court improperly denied the city's plea to the jurisdiction as to the pedestrian's negligence claim, stemming from an injury allegedly caused by an "open water meter hole on a sidewalk." Accordingly, that claim is dismissed for want of jurisdiction. However, the city's plea was properly denied as to the pedestrian's premises liability claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 7, 2024, Case #: 05-23-00035-CV, Categories: Negligence, Jurisdiction
J. Partida-Kipness finds that the lower court properly denied the appellant's plea to the jurisdiction and rendered judgment for the appellee in this forcible detainer case. The appellant argued that the forcible detainer action was not "an available remedy" due to the parties' executory contract. However, the contract specifically states that the buyer would become a tenant-at-sufferance "if the contract is cancelled because of her default." Further, her argument regarding Subchapter D relates to title, as opposed to possession. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 23, 2024, Case #: 05-23-00172-CV, Categories: Landlord Tenant, Real Estate, Contract
J. Partida-Kipness finds that the lower court improperly dismissed the family's negligence claims related to a product recall in this case arising from an alleged "rollover accident involving a utility terrain vehicle." The lower court erred in granting the dealer's no-evidence summary judgment motion as to the recall-related claims, as the dealer's motion was "insufficient as a matter of law as to the element of duty." Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 5, 2024, Case #: 05-22-00677-CV, Categories: Civil Procedure, Negligence, Product Liability
J. Partida-Kipness finds that the lower court properly entered final judgment in favor of the defendant insurance companies in this coverage dispute under an automobile policy. Contrary to the appellant's argument, the lower court was not bound by a prior summary judgment, which was "interlocutory and subject to modification." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 2, 2024, Case #: 05-23-00513-CV, Categories: Civil Procedure, Insurance
J. Partida-Kipness finds that the lower court improperly granted summary judgment to the insurance provider in this coverage dispute stemming from a tornado that allegedly damaged the appellants' home. The court concludes that the term "windstorm," as it appears in the insurance policy, is ambiguous and that the appellants' interpretation was reasonable. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: January 29, 2024, Case #: 05-22-00963-CV, Categories: Insurance, Real Estate
J. Partida-Kipness finds that the lower court properly granted the county officials' plea to the jurisdiction and dismissed the appellant voters' lawsuit concerning the use of "allegedly uncertified electronic voting machines." The voters failed to allege a concrete injury, and any relief against the county officials would not redress the allegedly "widespread" risk of voter dilution. Accordingly, the voters failed to establish standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 28, 2023, Case #: 05-22-01098-CV, Categories: Civil Procedure, Elections, Jurisdiction
J. Partida-Kipness finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the child's medical and developmental needs were being met after he was placed with the mother's great uncle. Also, the record indicates that the father had a history of "assaultive conduct" and marijuana use. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 19, 2023, Case #: 05-23-00586-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds that the lower court properly ruled for the "surviving spouse" in this case concerning workers' compensation death benefits, following the death of a city police officer. Contrary to the city's argument on appeal, the evidence sufficiently supports the jury's verdict, holding that the city failed to prove that the appellee was "not an eligible spouse" at the time of the officer's death. The evidence indicates that the couple "agreed to be married" and "represented to others they were married." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 12, 2023, Case #: 05-22-00898-CV, Categories: Family Law, Insurance