1,964 results for 'court:"Texas Courts of Appeals"'.
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: Evidence, Family Law
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, Medical Malpractice
J. Williams finds that the lower court improperly granted summary judgment to the appraisal district in this dispute over ad valorem taxes. The case concerns how certain "mobile sand silo systems should be classified for taxation purposes." The court concludes that the silos should be "reinstated in a heavy equipment account." Reversed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 18, 2024, Case #: 11-22-00206-CV, Categories: Property, Tax
J. Pena finds that the appellant's appeal is moot as it relates to possession of the property and dismisses that part of the appeal in this forcible detainer action. The appellant "does not dispute he is no longer in possession of the premises," and he fails to present a meritorious claim to possession. As to the issue of attorney fees, the evidence does not sufficiently support the award. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: April 18, 2024, Case #: 13-22-00349-CV, Categories: Real Estate, Attorney Fees, Contract
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J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, Family Law, Contract
J. Contreras grants the appellant's motion for rehearing and replaces the prior opinion with the current opinion, holding that the lower court properly granted the appellee's motion to dismiss this breach of contract lawsuit pursuant to Rule 91a. The court concludes that "attorney immunity applies" to the case, meaning the claim had no basis in law. The judgment is modified, however, as to the award of attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: April 18, 2024, Case #: 13-23-00122-CV, Categories: Civil Procedure, Attorney Fees, Contract
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: Licensing, Vehicle
J. Zimmerer finds that the trial court properly denied the individual's petition for a name change, specifically to change the style of her name from all capital letters to capital and lowercase letters. Based on the evidence, the individual did not request that her name be changed under the relevant statute. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00677-CV, Categories: Civil Procedure, Family Law
J. Spain finds that the juvenile court improperly waived its jurisdiction and transferred appellant to criminal district court to resolve his aggravated sexual assault charges. There is insufficient evidence to support the finding that "it was not practicable for the state to proceed against appellant in juvenile court before his eighteenth birthday." Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 18, 2024, Case #: 14-23-00802-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Zimmerer finds that the trial court properly terminated the mother's parental rights to her child based on sufficient evidence to support the findings as to endangerment and the child's best interest. Testimony from caseworkers indicated the mother failed to seek treatment for persistent substance abuse, refused to submit to drug testing, and did not complete any of the services in her plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-24-00010-CV, Categories: Evidence, Family Law
J. Smith finds that defendant was properly convicted of murder and that his objections regarding the admission of certain evidence are without merit. The disputed testimony about a jail telephone call made by defendant in which he threatened an ex-girlfriend was relevant since it showed his knowledge about what had happened to the victim and also rebutted his theory that a different perpetrator murdered the victim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 18, 2024, Case #: 10-23-00146-CR, Categories: Evidence, Murder, Identification
J. Hoyle finds the trial court properly convicted defendant for aggravated assault with a deadly weapon. The wheelchair-bound defendant shot at his cousin, who had pulled over in his vehicle to say "hi." That cousin and another cousin testified there was no conflict or altercation before defendant started shooting. Though defendant says the cousin was "bothering" him, he did not specify how, also telling officers he did not feel threatened when he began shooting. The lower court properly refused to provide a self-defense instruction, as there is no evidence it was necessary for defendant to protect himself. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: April 17, 2024, Case #: 12-23-00245-CR, Categories: Assault, Weapons, Self Defense
J. Theofanis finds that the trial court properly and improperly ruled in an unjust enrichment case filed by the surviving family members of a deceased relative against the son of the deceased. A jury found the son had wrongfully transferred funds that would have gone to the family members to himself. While the court was right to render a take-nothing judgment on the son's counterclaims, the claim of unjust enrichment made by the family members was barred by limitations and should have resulted in them being awarded a take-nothing judgment as well. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 17, 2024, Case #: 03-23-00129-CV, Categories: Wills / Probate, Fiduciary Duty
J. Garcia finds that the lower court properly granted attorney Sidney Powell's no-evidence motion for summary judgment in the underlying disciplinary proceeding, in which the disciplinary commission claimed she had violated certain rules of conduct by allegedly filing two exhibits without their dates in a Georgia election lawsuit. On appeal, the commission argues that the lower court erred by sustaining the lawyer's objections to its evidence, but the court concludes that the arguments are meritless. Affirmed.
Court: Texas Courts of Appeals, Judge: Garcia, Filed On: April 17, 2024, Case #: 05-23-00497-CV, Categories: Elections, Evidence, Attorney Discipline
J. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: Evidence, Insurance
J. Landau finds the lower court properly rendered judgment for a buyer in this matter concerning possession of real estate. A borrower secured a loan by deed of trust, and when he stopped paying on the loan, the lender followed through with a foreclosure sale of the property. The borrower refused to vacate the property, so the buyer sued for possession, which the lower court granted. The borrower argues the lower court did not have jurisdiction over the matter because the district court had to resolve title first; the instant court disagrees and finds the lower court had jurisdiction over the matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00677-CV , Categories: Real Estate, Jurisdiction, Foreclosure
J. Rivas Molloy finds the lower court properly denied a doctor’s motion to dismiss in this matter of alleged healthcare liability. After the doctor performed breast reconstruction surgery, a patient experienced blisters and skin infections that required surgical removal of foreign bodies from the breasts, wound care, and antibiotics. The doctor argues that the patient’s expert did not provide a sufficient statement, therefore the matter should be dismissed, but the instant court finds the expert’s statement sufficient as it clarifies the patient should have never been a candidate for the procedure due to her history of difficulty and complications healing. Affirmed.
Court: Texas Courts of Appeals, Judge: Rivas Molloy, Filed On: April 16, 2024, Case #: 01-23-00602-CV , Categories: Health Care, Negligence, Experts
J. Poissant finds that the trial court was mostly correct when it entered a final decree of divorce for the parties, except as to its determination of the ex-husband's child support arrearage. The evidence shows the ex-husband paid some of the child support during the relevant period, so his arrearage should be lowered from $61,625 to $52,625. Reversed in part.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 16, 2024, Case #: 14-22-00762-CV, Categories: Civil Procedure, Family Law
J. Zimmerer finds that the trial court improperly dismissed healthcare liability claims against the medical center. The family members' expert report sufficiently states the causal relationship between the alleged breaches of the standard of care that led to the death of the decedent from septic shock. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 16, 2024, Case #: 14-22-00911-CV, Categories: Health Care, Experts
J. Jewell finds that defendant was properly convicted of murder for the shooting death of a victim in a shopping center parking lot. The circumstantial and forensic evidence, which included bullets recovered from the area of the shooting, was sufficient to support defendant's conviction. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: April 16, 2024, Case #: 14-22-00561-CR, Categories: Evidence, Murder, Self Defense
J. Landau finds the lower court properly found in favor of a bounce house company in this matter of alleged negligence. A child fractured his leg while jumping in an inflatable bounce house at a birthday party. A parent of the child filed suit against the bounce house company claiming it was negligent because it did not have a trained attendant at the party to supervise the use of the bounce house, but provided no evidence to show that supervision by the company would have prevented any injury. The instant court finds no error in the lower court’s decision to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 16, 2024, Case #: 01-22-00898-CV, Categories: Evidence, Negligence
J. Quinn finds that the lower court improperly placed certain "affiliates" of the alleged debtor into receivership. The application for the appointment of a receiver did not mention "any of the 55 affiliates or seek a receivership over any of them." Further, the affiliates were not the "property and business" of the alleged debtor, and the scope of the appointment should have been limited. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 15, 2024, Case #: 07-23-00398-CV, Categories: Civil Procedure, Debt Collection, Banking / Lending
J. Alley finds a probate court did not err in its division of a deceased man’s estate. Despite arguments to the contrary, the court did not change a settlement agreement reached by inheritors of that estate, as the term “estate property” has “a clear, unambiguous meaning in Texas law and does not include a surviving spouse’s half interest in community property.” Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 15, 2024, Case #: 08-23-00167-CV, Categories: Settlements, Wills / Probate, Contract