42 results for 'judge:"Bailey"'.
J. Bailey finds the lower court properly ordered an involuntary commitment, but improperly ordered special conditions for outpatient treatment. A 62-year-old Air Force veteran was involuntarily committed after failing to take his psychotropic medications and reported for displayed concerning behavior. While he voluntarily took medications for schizoaffective disorder while in inpatient care, his attending physician expressed concerns over his ability to continue medications, his advanced level of disability and potential to harm himself or others. The lower court agreed and ordered a temporary commitment with special conditions for release. While evidence is sufficient to support the involuntary commitment, the special conditions imposed for release or outpatient treatment are unwarranted as there is a lack of evidence to support the decision. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: August 4, 2023, Case #: 23AMH490, Categories: Evidence, Commitment
J. Bailey finds that the lower court properly entered a decree of partition regarding certain land owned by the parties. Specifically, as to the first phase of the proceedings, it was not error to consider certain adjacent properties "when providing appellees with an equitable adjustment." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-21-00190-CV, Categories: Evidence, Real Estate
J. Bailey finds that the lower court improperly entered a final judgment and second partition decree in this partition case concerning certain land owned by the parties. Specifically, as to the second phase of the proceedings, it was erroneous to determine that the appellant's objections to the commissioners' report were untimely, as the file mark on the report showed the wrong date. Accordingly, he is entitled to a trial on his objections to the report. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 3, 2023, Case #: 11-22-00054-CV, Categories: Civil Procedure, Real Estate
J. Bailey finds that the lower court properly granted summary judgment to the trustee and estate defendants in this lawsuit seeking to set aside a real estate conveyance. The lower court did not abuse its discretion by denying certain motions, which sought to continue the summary judgment hearing and to compel a deposition prior to the summary judgment hearing. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: July 20, 2023, Case #: 11-21-00133-CV, Categories: Civil Procedure, Real Estate
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J. Bailey finds that the lower court properly appointed the paternal step-grandmother as the managing conservator of two children. The mother argues it was not in their best interest, specifically contending that the department should have been named the managing conservator. However, the grandmother, who lives in Illinois, testified that she would facilitate the children's relationship with their siblings. Additionally, the children were enrolled in school and participating in extracurriculars. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: July 13, 2023, Case #: 11-23-00025-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court improperly granted summary judgment in favor of the management company on the property owner's breach of contract claim against it. There is evidence of a breach under the parties' lease management agreement, specifically related to the presence of a dog on the premises. Summary judgment was appropriate, however, as to his negligence claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 29, 2023, Case #: 11-21-00178-CV, Categories: Real Estate, Negligence, Contract
J. Bailey finds that the lower court properly terminated the mother's parental rights to her son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the ruling. The record shows a history of illegal drug use by the mother, as well as positive drug tests for the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 15, 2023, Case #: 11-23-00010-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court properly terminated the parental rights of the mother and the father. Contrary to their arguments on appeal, the evidence sufficiently supports the best interest finding. The record indicates drug use by the parents, and one of the children had a positive drug test. Additionally, the foster mother was "uniquely qualified" to meet the medical needs of one of the children, who required "regular appointments and surgeries." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 8, 2023, Case #: 11-23-00007-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court properly terminated the parental rights of the father to one of his children. The lower court did not err by admitting evidence of a certain criminal conviction that was allegedly on appeal. Additionally, the best interest finding was sufficiently supported by the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: June 8, 2023, Case #: 11-22-00358-CV, Categories: Evidence, Family Law