1,962 results for 'court:"Texas Courts of Appeals"'.
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
J. Goldstein finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after being adjudicated delinquent and allegedly committing “numerous infractions” while in custody. Appellant’s counsel indicated that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 9, 2024, Case #: 05-23-00951-CV, Categories: Civil Procedure, Juvenile Law
J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: Damages, Contract
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: Jurisdiction, Contract
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J. Wilson finds that the probate court properly ruled against the attorney when it approved the account for final settlement and removed the case from the docket. The attorney's constitutional complaints were inadequately briefed, and his argument about the lack of timely notice for the hearing is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00146-CV, Categories: Civil Procedure, Wills / Probate
J. Trotter finds that the lower court properly granted summary judgment to the appellee in this breach of contract case but improperly awarded attorney fees. Accordingly, the fee issue is remanded to determine the amount of reasonable fees to be awarded, if any. Additionally, the award for appellate fees is due to be reversed, as the appellee acknowledges "there is no proof in the record" supporting the award. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: May 9, 2024, Case #: 11-23-00036-CV, Categories: Attorney Fees, Contract
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: Negligence, Jurisdiction, Assault
J. Guerra finds that the trial court improperly compelled production of documents in a declaratory judgment and breach of contract case. Requests seeking all of the firm's financial documents and records are impermissible fishing expeditions that are not sufficiently narrowly tailored. The trial court abused its discretion in ordering all of the documents to be produced.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00694-CV, Categories: Discovery, Contract
J. Neeley finds the county court properly granted the dept's. plea to the jurisdiction. The female African American former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the dept. did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the tort claims act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated, and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Worthen finds the trial court properly terminated the divorce proceedings. Though the couple were previously in a romantic relationship for more than 20 years, they agree that no ceremonial marriage ever occurred, nor did they ever file a declaration and registration of an informal marriage. General, conclusory statements from a witness with whom the couple socialized are not sufficient to raise a fact issue as to whether they represented to others they were married. No evidence presented raises a fact issue as to a formal or informal marriage existing. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00230-CV, Categories: Evidence, Family Law
J. Neeley finds the trial court improperly awarded the ex-wife spousal maintenance. Though the ex-wife suffered from arteriovenous malformation while pregnant and after giving birth, she worked as a teacher during the marriage and fails to show her incapability of providing for her minimum reasonable needs. The evidence is insufficient to support a finding she lacks sufficient property and the earning ability to provide for her minimum needs. The spousal maintenance award is reversed, though all other aspects of the decree are affirmed. Reversed in part.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00239-CV, Categories: Family Law, Health Care, Contract
J. Neeley finds the trial court properly convicted defendant for burglary of a habitation. After being dispatched on a criminal trespass call, officers found defendant's girlfriend at her apartment bleeding from around her ear. She explained that defendant, who had stayed with her at times but whose name was never on the lease, had struck her and left. The apartment manager had also previously requested a criminal trespass warning against defendant after he had stolen items. Although the evidence suggests defendant's name may have been attached to the utility account, this would not grant him equal or greater ownership rights to the apartment. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00237-CR, Categories: Burglary, Assault, Trespass
J. Reichek finds that the lower court properly awarded the original guardian ad litem’s fees and expenses in this lawsuit arising from a motor vehicle accident. The lower court did not abuse its discretion in determining the amount of the fees awarded. The record shows that the appellant failed to respond to certain communications and was eventually replaced as ad litem. Affirmed.
Court: Texas Courts of Appeals, Judge: a, Filed On: May 8, 2024, Case #: 05-22-00829-CV, Categories: Civil Procedure, Tort, Attorney Fees
J. Neeley finds the county court properly granted the Department of Health and Human Services' plea to the jurisdiction. The black, female former employee filed suit after being denied employment for a position from which she had resigned. She was eventually rehired and filed civil rights charges with the Texas Workforce Commission, alleging she was retaliated against, and that the department did not comply with a settlement agreement. The court lacks subject matter jurisdiction because the negligence claim does not fall within the Texas Tort Claims Act's limited waiver of immunity, the state is immune from the claim for breach of the settlement agreement, no prima facie claim for retaliation was stated and the state is not the employer pursuant to the Texas Commission on Human Rights Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley , Filed On: May 8, 2024, Case #: 12-23-00204-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Valenzuela grants mandamus relief to a transportation company and truck driver after the trial court improperly compelled responses to an injured driver's request for information on lawsuits filed against the company and access to the truck driver's cell phone. The requests are overbroad, as they seek information on lawsuits filed in the past 10 years and access to the truck driver's cell phone data four hours prior to the accident.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: May 8, 2024, Case #: 04-23-01067-CV , Categories: Tort, Negligence, Discovery
J. Worthen finds the trial court properly granted the city's motion for summary judgment. The probationary patrol officer, who was prescribed Percocet for pain management of pancreatitis, was terminated for failure to perform his duties. Sufficient evidence shows the officer was unable to satisfactorily perform the duties of his job. No error is found in the court's exclusion of evidence of the city's background check on the officer. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: May 8, 2024, Case #: 12-23-00289-CV, Categories: Employment, Evidence, Municipal Law
J. Hoyle finds the trial court properly convicted defendant for murder. Testimony from neighbors shows defendant and his girlfriend were experiencing tension in the relationship after their daughter was born, and that this was exacerbated by defendant's recent wreck in his truck and a winter storm. A female witness with whom defendant had flirted in the past testified the girlfriend retrieved a gun when defendant taunted her with the flirtation. Defendant shot and killed the girlfriend when attempting to take the gun from her. His version of how the shooting occurred was inconsistent with the blood spatter evidence and other forensic evidence, such as the fact that the bullet did not exit the girlfriend's skull. A rational factfinder reasonably could infer that defendant intentionally or knowingly shot the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: May 8, 2024, Case #: 12-23-00208-CR, Categories: Evidence, Firearms, Murder
J. Benavides conditionally grants the relator’s petition for a writ of mandamus, in which he challenges a ruling in the lower court granting his pre-suit deposition. The entity seeking the deposition failed to show why the deposition should occur in a Rule 202 proceeding. Accordingly, the order granting the request was an abuse of discretion.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 8, 2024, Case #: 13-23-00410-CV, Categories: Civil Procedure, Discovery
J. Goodman finds that the lower court properly awarded possession of appellant’s townhome to the purchaser of the property at a foreclosure sale. The “mere existence of a title dispute does not deprive the lower courts of jurisdiction.” Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: May 7, 2024, Case #: 01-22-00819-CV, Categories: Foreclosure
J. Jewell finds that the trial court properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: Arbitration, Employment
J. Poissant finds that the trial court improperly granted no-evidence summary judgment in a dispute over ownership of title to a property. The land company's deeds and affidavits raised a fact issue as to whether it has superior title to the property. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 7, 2024, Case #: 14-23-00004-CV, Categories: Evidence, Property
J. Kelly finds that the lower court properly convicted defendant of murder. The court’s finding that the state’s explanations for striking four prospective jurors were “race-neutral” is supported by the record. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: May 7, 2024, Case #: 01-22-00524-CR, Categories: Murder
J. Kelly finds that the lower court properly convicted defendant of sexual assault. The jury reasonably determined that the complainant “did not consent to the penetration of her sexual organ by appellant.” Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: May 7, 2024, Case #: 01-22-00714-CR, Categories: Sex Offender
J. Palafox finds a lower court did not err in convicting defendant of assault with a deadly weapon against someone with whom he’d had a dating relationship. Defendant argued the court had not adequately considered his self-defense argument that the woman had tried to run him over with a car, but the jury was “free to disbelieve” this “conflicting” explanation.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 6, 2024, Case #: 08-23-00238-CR, Categories: Evidence, Assault
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: Civil Procedure, Business Practices