45 results for 'judge:"Byrne"'.
J. Byrne finds that the trial court improperly ruled against a construction firm in a breach of contract case brought by a homeowner alleging that it improperly built a retaining wall on the property. The construction firm was not a party named in the contract signed by the homeowner; therefore, it cannot be held liable for the breach of contract claims. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-22-00457-CV, Categories: Property, Damages, Contract
J. Byrne denies the inmate's petition for mandamus relief, challenging the district court’s refusal to respond to motions he has filed. The inmate has not shown that he made his filings aware to the district court. Furthermore, the court of appeals lacks the jurisdictional authority to directly address the court’s failure to address his motions.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-23-00460-CV, Categories: Civil Procedure, Jurisdiction
J. Byrne upholds defendant's burglary conviction. While defendant had lived at the home of the victims for nearly two weeks leading up to the assault with hot oil, he had left the home and did not have a key; therefore, he could not establish residency there or that he had permission to be there on the day of the assault. However, the trial court erroneously failed to merge defendant's sentences, as the aggravated burglary and aggravated assault convictions stemmed from the same course of conduct and, therefore, were allied offenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: August 7, 2023, Case #: 2023-Ohio-2711, Categories: Burglary, Sentencing, Assault
J. Byrne finds that the lower court properly convicted defendant of multiple counts of rape and gross sexual imposition. The testimony defendant generalizes as “emotional” “helped jurors understand why these were particularly vulnerable victims” and how the defendant perpetrated the abuse for so long. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: July 24, 2023, Case #: 2023-Ohio-2523, Categories: Sex Offender
J. Byrne finds the trial court improperly ruled against the Texas Commission on Environmental Quality (TCEQ) in a permitting case brought by a group opposed to the construction of a liquified natural gas pipeline. Under federal law, the authority to consider challenges to the permitting of natural gas terminals rests with a federal appeals court, not with state courts. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: July 21, 2023, Case #: 03-21-00395-CV, Categories: Environment, Licensing, Agency
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J. Byrne finds the trial court properly ruled against the owner of a rental property in a breach of contract suit brought by a nonprofit corporation alleging that the property owner failed to adequately maintain the rented space. On appeal, the property owner challenges the award given to the nonprofit, asserting that it was not supported by the evidence. Competent evidence was provided to establish that the nonprofit lost money while occupying the space because it was unable to host fundraising events due to the space’s poor condition. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: July 19, 2023, Case #: 03-21-00420-CV, Categories: Property, Contract
J. Byrne finds the lower court erroneously granted the developers' motion for summary judgment on all of the homeowner's trespass and negligence claims. An affidavit submitted by his expert witness about the movement of dirt contributing to water intrusion issues at the property was sufficient to support at least some of the claims. Although the court correctly ruled the claims related to the initial construction of the development were barred either by the statute of limitations or the statute of repose, the movement of the dirt occurred within four years of the lawsuit and, therefore, is not time-barred. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: July 17, 2023, Case #: 2023-Ohio-2439, Categories: Civil Procedure, Construction, Real Estate
J. Berdote Byrne finds that the trial court improperly ruled for the zoning board of adjustment in a decision denying a demotion permit on grounds that a building warranted historic preservation. The power to unilaterally determine the historical significance of a building is not authorized under the municipal land use law, and the building at issue was not identified as historic in the city's master plan. Meanwhile, the law does not authorize historic preservation officers to prevent zoning officials from issuing demolition permits. Reversed.
Court: New Jersey Appellate Division, Judge: Berdote Byrne , Filed On: July 14, 2023, Case #: A-1342-21, Categories: Municipal Law, Zoning
J. Berdote Byrne finds that the trial court properly dismissed claims contending a car company failed to timely repair a leased vehicle because plaintiff merely mentioned her vehicle had been recalled as opposed to demonstrating that the vehicle contained a defect affecting use or safety. Affirmed.
Court: New Jersey Appellate Division, Judge: Berdote Byrne , Filed On: June 30, 2023, Case #: A-2981-21, Categories: Fraud, Consumer Law
J. Byrne finds the trial court properly ruled to terminate a father’s parental rights to his children. Facts detailing the father’s failure to complete court-ordered services are sufficient and can be used to form a reasonable conclusion that terminating his parental rights is in the children’s best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 23, 2023, Case #: 03-23-00104-CV, Categories: Family Law
J. Byrne finds that the trial court properly quieted title to property that had been conveyed to the tenants. One tenant possessed a recorded deed, and the other tenant could not revoke the gift to transfer property without the other tenant's consent after unilaterally dissolving his fee simple interest and recording the deed. Affirmed.
Court: New Jersey Appellate Division, Judge: Byrne, Filed On: June 20, 2023, Case #: A-3030-21, Categories: Property
J. Byrne finds the trial court improperly ruled against Texas gubernatorial candidate, Robert Francis O’Rourke, in a defamation case filed against him by GOP donor Kelcy Warren. O’Rourke argues that critical statements he said about Warren were protected under the Texas Citizens Participation Act, an anti-SLAPP statute. The statements made by O’Rourke were based on his subjective opinion during a political race. They were non-actionable and fell well within the grounds of protected speech. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 9, 2023, Case #: 03-22-00416-CV, Categories: Anti-slapp, Civil Rights, Defamation
J. Byrne finds the trial court properly ruled against a father by appointing his former wife as the managing conservator of their children. Based on evidence that the father engaged in abusive behavior against the mother, it can be concluded that limitations are in the best interests of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: June 8, 2023, Case #: 03-22-00329-CV, Categories: Family Law