92 results for 'court:"Texas Supreme Court"'.
J. Boyd finds that the court of appeals improperly ruled in favor of the heirs of a driver who was killed when he failed to yield to an oncoming Union Pacific train. A “prudent driver” would have followed posted traffic signs as well as yielded to an oncoming train. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0431, Categories: Evidence, Tort, Premises Liability
J. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: Civil Procedure, Jurisdiction, Contract
J. Bland answers yes to the certified questions submitted by the U.S. Fifth Circuit Court of Appeals over whether state law allows a lender to rescind a previously accelerated loan while, in the same notice, re-accelerating the same loan. The statute does not provide specific requirements for how the notice of the loan's acceleration status is to be conveyed to the borrower.
Court: Texas Supreme Court, Judge: Bland, Filed On: February 23, 2024, Case #: 23-0525, Categories: Debt Collection, Banking / Lending, Foreclosure
Per curiam, the Texas Supreme Court finds the court of appeals properly and improperly ruled in an easement case filed by a railroad company against the owner of a concrete plant, whose vehicles cross the railroad tracks via a gravel path to access the plant and a highway. The right of the owner to use the gravel path under estoppel and necessity are not supported by the evidence. However, a prescriptive easement does exist and is supported by the evidence. Affirmed in part.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: February 16, 2024, Case #: 22-0424, Categories: Corporations, Property
J. Young finds that the court of appeals improperly ruled in a case concerning the involuntary commitment of an individual with a history of psychotic behavior. The state provided certificates from two different second-year psychiatry residents certifying the individual with mental illness. Based on a reading of the statutory requirements, the psychiatry residents do qualify as physicians, making their certificates valid before the court. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: February 16, 2024, Case #: 22-0987, Categories: Government, Commitment
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J. Blacklock finds that the court of appeals improperly ruled against a newspaper publisher in a defamation case brought by a local prosecutor. The prosecutor alleged in his complaint that the newspaper falsely accused him of assisting in the wrongful prosecution of an individual. Both the trial court and court of appeals denied the newspaper’s attempt to have the case dismissed under the Texas Citizens Participation Act. Even if the article is not entirely accurate, the “gist” of it is true and is therefore protected and the case should have been dismissed. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 16, 2024, Case #: 22-0103, Categories: Anti-slapp, Defamation
J. Devine finds the court of appeals improperly ruled against the Texas education commissioner, finding he lacked the jurisdiction to resolve a land dispute between two school districts. The commissioner has jurisdiction over the case and does not lose it due to inaction or by missing statutory deadlines. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: February 16, 2024, Case #: 22-0169 , Categories: Education, Property, Jurisdiction
J. Blacklock answers a certified question submitted by a federal appeals court concerning whether a homeowner is able to recover attorney fees in a breach of contract case he filed against his insurer after a tornado damaged his house. The homeowner sued the insurance firm, arguing he was owed more from his claim. After the firm made additional payments to the homeowner to resolve the issue, the homeowner sought the award of attorney fees, which the insurer argued was precluded by its payments. Because the firm completed its obligation to the homeowner, it could not be ordered to cover his attorney fees.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 2, 2024, Case #: 23-0534, Categories: Insurance, Attorney Fees
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a mother whose parental rights to her son were terminated by a jury. The mother argued, and the court of appeals agreed, that evidence presented by the Texas Department of Family and Protective Services was insufficient in establishing that she endangered the well-being of her child. However, evidence presented by an assigned caseworker and witness testimony supports the jury’s finding that the mother endangered her child. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: February 1, 2024, Case #: 23-0180, Categories: Family Law
J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: Negligence, Medical Malpractice
Per curiam, the Texas Supreme Court finds that Justice John Devine will be eligible to run for reelection to the Texas Supreme Court if he can fix defects in his ballot application. Opponent Brian Walker, who currently sits on the 2nd Court of Appeals, argues that some of Devine's signatures on his application are invalid, but his challenge to the signature petition was "not brought promptly" and precedent requires that "the challenged candidate first be given an opportunity to cure a defect in his petition signatures" before having his application rejected.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 11, 2024, Case #: 24-0016 , Categories: Elections, Government, Judiciary
Per curiam, the Texas Supreme Court grants a civil court judge's petition for mandamus relief, finding that an error she made in her application to be on the 2024 ballot is not a means to disqualify her from being included in the election. The judge, who is running for reelection, failed to provide her bar number in her application for a judicial seat in Harris County and the county Democratic party chair denied her application because of the error. A party chair has the authority to reject applications that do not comply with statutory requirements, but they may not exclude candidates who meet all requirements but fail to comply with the specific section cited by the party chair in this case.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: 24-0007, Categories: Elections, Judiciary
Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled against a mother who sought to appeal a lower court's ruling terminating her parental rights to her child. The mother's actions indicate that she attempted to fully exhaust her right to appeal the ruling. However, due to a recording error with the courts, the court of appeals deprived her of that right. Because the mother properly followed court procedures, she is entitled to have the merits of her appeal considered by the court of appeals. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 23-0589, Categories: Civil Procedure, Family Law
J. Boyd finds the court of appeals improperly ruled against a hospital in an employment case filed by a nurse who was fired after she released a patient’s protected medical information. The nurse was concerned that the patient, who is a child, was not properly receiving medication from their parents. She called the patient's school nurse and disclosed the medical information and reported the patient’s parents to Child Protective Services. The hospital fired the nurse for violating the Health Insurance Portability and Accountability Act. The hospital is entitled to summary judgment because the nurse violated its code of conduct by releasing the medical information, negating the impact of her report to CPS. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 22, 2023, Case #: 22-0558, Categories: Employment, Employment Discrimination
J. Huddle finds that the court of appeals improperly ruled against a mother, terminating her parental rights for failing to complete all the provisions of a service plan. In some cases, a service plan does not need to be fully completed to determine a parent has made sufficient progress toward re-gaining custody over their children. Because the mother attended court-ordered parenting and substance abuse classes, it shows that she has made strides toward completing the plan. Reversed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: December 15, 2023, Case #: 22-0451, Categories: Family Law
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of Medina County on the district attorney's counterclaims alleging that the county cannot sell certain property without her consent. The district attorney’s counterclaims cite an injury that is traceable to the county, thus giving her standing to sue. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 15, 2023, Case #: 22-0751, Categories: Government, Property, Jurisdiction
Per curiam, the Texas Supreme Court grants the state's petition for mandamus relief, ordering the district court to vacate the temporary restraining order blocking the Texas Attorney General from prosecuting individuals involved in providing an abortion to a woman who claims she needs an abortion to prevent further risk to her life. Although the woman's doctor asserts that she has a "good faith belief" that the woman qualifies for an abortion under the medical-necessity exception of the law, she has not asserted that she exercised her "reasonable medical judgment" when coming to that conclusion, which is required for the exception to apply.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 11, 2023, Case #: 23-0994, Categories: Civil Rights, Health Care, Restraining Order
J. Boyd responds to certified questions, submitted by the Fifth Circuit Court of Appeals, concerning whether the flight attendants' injury claims have standing after a series of rulings and the passage of time. After the attendants' initial filing was dismissed in federal district court, and affirmed by the appeals court, they refiled their suit. The refiled suit was also dismissed because it was barred by the statute of limitations. The attendants have exhausted their appeals as allowed under Texas law, thus ending their ability to pursue their claims.
Court: Texas Supreme Court, Judge: Boyd, Filed On: December 1, 2023, Case #: 23-0388, Categories: Civil Procedure, Jurisdiction
Per curiam, the Texas Supreme Court grants a writ of mandamus filed by an insurance company seeking the medical records of a customer who sued the company after a car accident to obtain uninsured motorist benefits. The lower court improperly quashed the subpoena. The information the company was seeking is relevant to the underlying suit.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 22-0321, Categories: Corporations, Evidence, Insurance
Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled in a contract dispute brought by an asphalt company against a transportation firm. The asphalt seller argues that the court of appeal's interpretation of an "in-writing" provision in the two entities' contract and order for a new trial was wrong. The appeals court erred in identifying several interpretations of the contract provision. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: November 3, 2023, Case #: 22-0901, Categories: Corporations, Contract
Per curiam, the Texas Supreme Court rules as moot an appeal brought by Gov. Greg Abbott following a dispute with the school district over the enforceability of mask mandates. Since the emergence of this dispute, an executive order made by Abbott banning mask mandates from governmental entities has expired. There is no live controversy between the parties.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: October 27, 2023, Case #: 22-0775, Categories: Government, Covid-19
Per curiam, the Texas Supreme Court rules as moot an appeal brought by Gov. Greg Abbott following a dispute with the City of El Paso over the enforceability of mask mandates. Since the emergence of this dispute, an executive order made by Abbott banning mask mandates from governmental entities has expired. There is no live controversy between the parties.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: October 27, 2023, Case #: 23-0288, Categories: Government, Covid-19
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled to dismiss a lawsuit brought against a residential care facility by an individual who was injured while showering unsupervised. The individual, who is non-verbal and has physical disabilities, provided expert reports suggesting that the facility was liable for his injuries because he was left unsupervised and was not taken to the hospital soon enough after the incident. The court of appeals found that the reports were insufficient to establish a standard of care, but the reports are sufficient to provide a fair summary of the standard of care the individual should have received and how the facility was in breach of that standard. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0317, Categories: Health Care, Experts
Per curiam, the Texas Supreme Court finds that the Sixth Court of Appeals improperly ruled against a father’s attempt to move his termination of parental rights appeal from the Twelfth Court of Appeals to the Sixth Court of Appeals and consolidate it with an appeal filed by his children’s mother. The Sixth Court of Appeals held that it lacked the jurisdiction to take up and consolidate an appeal. Acting in accordance with judicial administration rules, the father properly amended his appeal notice and transferred jurisdiction to the proper appellate court. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 22-0864, Categories: Civil Procedure, Family Law
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against defendant, a minor, charged with aggravated sexual assault. After the court of appeals ruled that defendant could not be charged with aggravated sexual assault because he was under the age of 14 and therefore could not consent to sex, the Supreme Court ruled in a separate case that minors are capable of committing aggravated sexual assault. The state filed a motion for rehearing with the appeals court on its charges against defendant but was denied. The state then filed for a petition of review. Consent is not relevant to determine whether defendant intentionally committed aggravated sexual assault. Moreover, the age of the accused is immaterial, because state laws prohibiting sexual assault do not distinguish between acts committed by children and adults. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 8, 2023, Case #: 22-0388, Categories: Sex Offender, Juvenile Law
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a charitable organization in a tax exemption suit it filed against the Harris County Appraisal District. The charity filed its petition for review after the court of appeals ruled that it was not entitled to an exemption because it did not timely file its application. Due to a similar tax exemption case the charity is involved in pending before the trial court, the court of appeals should have withheld from ruling on the case. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 21-1117, Categories: Civil Procedure, Government, Tax
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in an embezzlement case filed by Lone Star Autoplex, a car dealership, against Alliance Auto Auctions, a wholesale dealership. Alliance’s motion to stay the suit and compel arbitration was denied by the court of appeals. The Supreme Court held in a previous case that an arbitrator must make the final decision on whether the parties should go to arbitration. The court of appeals must apply this precedent in this case. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 22-0191, Categories: Arbitration, Business Practices
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a property owner who was sued for negligence by a surviving relative of a man who died while trimming a tree on the property. After the trial court ruled in favor of the property owner, the relative appealed, arguing that the trial court erred in allowing another neighbor to testify because she was an untimely witness. The court of appeals ruled in favor of the relative and called for a new trial. The court of appeals erred in reversing the trial court’s judgment because the neighbor's testimony did not reach the merits of whether the property owner acted negligently. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 22-0288, Categories: Civil Procedure, Evidence, Negligence
Per curiam, the Texas Supreme Court conditionally grants the civilly committed individual's petition for mandamus relief. The individual petitioned the court of appeals for writ of habeas corpus and alternatively requested that the court consider it a petition for a writ of mandamus. The court of appeals must reconsider the individual's habeas corpus petition as a petition for writ of mandamus per his request.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-1076 , Categories: Commitment, Habeas
J. Lehrmann finds that the court of appeals properly ruled against the original owners of the Houston Astros baseball team in a negligent misrepresentation suit brought by the firm that purchased the team. The Texas Citizen Participation Act, an anti-SLAPP statute, does not apply to the claims brought by the firm that purchased the team because they do not relate to the original owner's exercise of speech. Affirmed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: June 30, 2023, Case #: 21-0641, Categories: Anti-slapp, Negligence