41 results for 'judge:"Molberg"'.
J. Molberg finds that the lower court properly ruled in favor of the property owner in this forcible detainer action. On appeal, the tenant contends that there were "improper ex parte communications" at trial, but her attached documents are not in the record. She also fails to support her due process argument. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 10, 2023, Case #: 05-21-00499-CV, Categories: Landlord Tenant, Real Estate
J. Molberg finds that the lower court properly entered a protective order against the appellant. The evidence sufficiently supports the decision, as the appellant's former spouse testified that her car was vandalized and she identified the man in a surveillance video as being the appellant. Additionally, the lower court "was free to question the credibility" of the appellant's evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 10, 2023, Case #: 05-22-00915-CV, Categories: Evidence, Family Law, Restraining Order
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J. Molberg finds that a temporary injunction should be dissolved as void in this dispute involving a student's "AP statistics course grade." The temporary injunction, which enjoins the school from engaging in certain communications regarding the student, lacks the necessary specificity "as to the probable, imminent and irreparable harm required." Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 30, 2023, Case #: 05-22-01187-CV, Categories: Civil Procedure, Education, Injunction
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: Arbitration, Wrongful Death, Contract
J. Molberg finds that the lower court improperly granted the insurance company's dismissal motion in this breach of contract lawsuit. The company moved for dismissal under Texas Rule of Civil Procedure 91a. However, the pleadings do not show that the claims "lack a basis in law." Additionally, the court notes that the rule is "not a substitute for summary judgment practice." Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 31, 2023, Case #: 05-21-00092-CV, Categories: Civil Procedure, Insurance, Contract
J. Molberg finds that the lower court properly terminated the parental rights of the father and the mother to their child. Counsel for the mother indicated that there are "no arguable grounds for reversal," and the court agrees. The evidence also sufficiently supports the endangerment and best interest findings as to the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 23, 2023, Case #: 05-22-01337-CV, Categories: Civil Procedure, Evidence, Family Law