1,959 results for 'court:"Texas Courts of Appeals"'.
J. Soto finds a lower court ruled correctly in convicting defendant of sexual assault of a child. Defendant argued there wasn’t adequate evidence to convict him and that the court had improperly barred him from cross-examining a witness — the mother of the alleged victim and defendant’s ex-wife, whom defendant argued was biased because she had an interest in related divorce and child custody proceedings — but this witness “did not dispute” that there were “difficulties in their marriage” and any benefit to defendant from cross-examining her “would have been minimal.” Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 23, 2023, Case #: 08-22-00206-CR, Categories: Evidence, Sex Offender, Witnesses
J. Smith finds that the lower court properly granted summary judgment in favor of the appellee in this dispute over the ownership of a dog. The appellant sued for conversion, after her sister allegedly took her dogs to the animal shelter and one of them was released to appellee for adoption. However, she failed to provide sufficient evidence to support her conversion claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 22, 2023, Case #: 05-22-00016-CV, Categories: Evidence, Conversion
J. Palafox finds a lower court did not err in declining to dismiss a negligence and wrongful death suit against a hospital after a patient died following alleged “use or misuse of a catheter.” That patient initially brought suit over the incident and his widow continued the case after his death. While the hospital sought a plea to the jurisdiction and argued it had provided reasonable care to the patient, that question is “not relevant to our analysis today.” Rather, the question is whether the patient’s injury was “proximately caused” by “tangible property” belonging to the hospital, and the hospital has not been able to show otherwise. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: May 22, 2023, Case #: 08-22-00112-CV, Categories: Health Care, Negligence, Wrongful Death
J. Quinn finds that the lower court properly ruled on certain issues in this case concerning the boundary line between two homes. The evidence sufficiently supports the judgement as to adverse possession, as the record reasonably identifies the land at issue. Also, any error as to the admission of a certain survey map was harmless. The issue of attorney fees should be remanded, however, for a redetermination. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 22, 2023, Case #: 07-22-00230-CV, Categories: Evidence, Real Estate, Attorney Fees
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J. Theofanis finds that the trial court properly ruled to deny an investment firm’s application for a temporary injunction in a contract case concerning the alleged trespass of a property by a relative of the head of the firm. The firm has failed to show that it has sustained an irreparable injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: May 19, 2023, Case #: 03-22-00161-CV, Categories: Evidence, Property, Injunction
J. Benavides conditionally grants the relator company's petition for a writ of mandamus, in which it challenges an order granting a motion for new trial in the underlying contract case involving the sale of a tank barge. The reasons given for the new trial order were "not supported by the law and the record." Accordingly, the relator is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 19, 2023, Case #: 13-22-00377-CV, Categories: Civil Procedure, Warranty, Contract
J. Parker finds that a nunc pro tunc judgment ordering the payment of attorney fees must be reversed. Contrary to the county's argument on appeal, the omission of the fee award was a clerical error. However, the lower court erred in finding that the county lacked standing to object to the fees, meaning the issue must be remanded for "further consideration" of its challenges. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: May 19, 2023, Case #: 07-22-00154-CV, Categories: Civil Procedure, Attorney Fees
J. Wallach reverses the trial court's order grant of a temporary injunction prohibiting two individuals from pursuing arbitration on their claims in a dispute over family trusts and businesses. The contract at issue contains a valid arbitration agreement.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: May 18, 2023, Case #: 02-22-00077-CV, Categories: Arbitration
J. Walker modifies the trial court's order approving a couple's application for a $50,000 judgment they received to be paid out of the real estate recovery trust account. The judgment must be reduced to $11,952 to cover their attorney fees and court costs, as the couple's actual damages and pre-judgment interest are not recoverable from the trust account. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Walker, Filed On: May 18, 2023, Case #: 02-22-00327-CV, Categories: Real Estate, Damages
J. Hassan finds, in this en banc opinion, that the trial court properly awarded over $100 million to the family members in a suit stemming from a fatal auto accident with an 18-wheeler that occurred on black ice during a winter storm warning. There was sufficient evidence that the accused truck driver owed a duty to the family in the other vehicle, that he breached the duty by driving on ice at an unreasonably high speed, and that his negligence was the cause of the injuries. There was also sufficient evidence that the truck company negligently trained and supervised the driver and that this caused the accident. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 18, 2023, Case #: 14-18-00967-CV, Categories: Evidence, Damages, Negligence
J. Hassan finds that the trial court properly ruled in favor of the contractor and subcontractor in a retail developer's construction defect suit. The breach of contract and breach of express warranty claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 18, 2023, Case #: 14-22-00339-CV, Categories: Construction, Contract
J. Williams finds that the lower court properly granted a take-nothing summary judgment against the appellant in this breach of contract and fraud case stemming from the sale of certain commercial property. The appellant, which purchased the property, contends that the extent of the defects in the parking lot were not fully disclosed. However, the lower court did not err by impliedly concluding "there was no evidence of a breach of any duty to disclose." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 18, 2023, Case #: 11-21-00266-CV, Categories: Fraud, Real Estate, Contract
J. Smith finds that the trial court improperly ruled to terminate the parental rights of a mother and father to their child. The Texas Department of Family and Protective Services failed to present any evidence to support the finding that the parents had abused their child. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: May 18, 2023, Case #: 03-22-00722-CV, Categories: Family Law
J. Johnson, in this accelerated appeal, finds the trial court properly denied the school district’s plea to the jurisdiction based on governmental immunity. The public adjuster claims the district failed to pay for representation in the investigation of claims for physical loss to Central Medical Magnet High School from Hurricane Harvey. Despite disagreement about the scope of the contract, the pleadings and unchallenged evidence submitted on the plea establish that the adjustor has sufficiently alleged an amount is owed. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 18, 2023, Case #: 09-22-00144-CV, Categories: Evidence, Insurance, Contract
J. Bailey finds that the lower court improperly rendered summary judgment in favor of the appellee energy company on certain claims for unpaid royalties. The appellants are not bound by an agreed judgment, and they were not parties to certain division orders. Also, a release agreement did not release one of the appellants' claim "for royalties for past production." Reversed in part.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: May 18, 2023, Case #: 11-21-00060-CV, Categories: Civil Procedure, Energy
J. Soto finds a lower court ruled correctly in convicting defendant in a “series of interrelated kidnappings and a murder.” Defendant argued there were a number of issues with her convictions, including closing arguments by prosecutors “comparing her to world leaders guilty of murder and genocide,” but prosecutors were in fact making a permissible argument that she was a criminal “mastermind” who was “morally culpable” for alleged “indirect participation in the killing of others,” and prosecutors alleged that defendant was intimately involved in the crimes, including by being “present taking notes” while one person was allegedly tortured. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 17, 2023, Case #: 08-22-00166-CR, Categories: Jury, Murder, Kidnapping
J. Goldstein finds that the lower court properly granted summary judgment in favor of the Walmart entities in this negligence lawsuit alleging that the appellant was shot in the store parking lot. The evidence shows that the appellant was a licensee on the premises, as opposed to an invitee, and there was no evidence that Walmart was aware of a "dangerous condition." Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 17, 2023, Case #: 05-22-00561-CV, Categories: Evidence, Negligence
J. Worthen finds the trial court properly dismissed this tax dispute. After being issued an appraisal, the owner claimed that their property is not subject to taxation because they are not “persons” under the tax code. The owner also objected to the “unconstitutional” determination of the property value in federal reserve notes rather than gold or silver, requiring taxes to be paid in the same. There is no basis in law for these claims and the trial court did not err by denying the owner’s requests for findings of fact and conclusions of law. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: May 17, 2023, Case #: 12-22-00221-CV, Categories: Constitution, Property, Tax
[Consolidated.] J. Johnson finds the trial court properly convicted defendant, by guilty plea, for four counts of possession or promotion of child pornography. Through Snapchat and Instagram cyber tips, investigating officers discovered multiple sexually explicit images on defendant’s phone and laptop involving children as old as 12 and as young as three. Defendant’s allegations that his counsel failed to retain a computer forensic expert are conclusory. No factual basis is set out showing that, but for counsel’s alleged incompetence, the outcome would have been different. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 17, 2023, Case #: 09-22-00181-CR, Categories: Sex Offender, Child Pornography, Technology
J. Hoyle finds the trial court properly convicted defendant for assault of a police officer with a sentencing enhancement for felony DWI. Defendant was present when his mother called the police to report his assault of her, therefore knowing police were coming; and the arresting officer was wearing his uniform when defendant placed him in a headlock. Defendant had full knowledge that the assault victim was an officer. The evidence is sufficient to show that he acted intentionally. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: May 17, 2023, Case #: 12-22-00194-CR, Categories: Evidence, Sentencing, Assault
Per curiam, the Twelfth Court of Appeals finds the trial court properly convicted defendant for theft from a nonprofit organization. Evidence at trial showed that defendant told his church members that he had a “calling” to support a South African orphanage, prompting them to give him “love offerings.” Defendant’s representations were later proven by church elders to be false. All evidence supports conviction and no reversible error is found. Defense counsel’s request for leave is granted. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 17, 2023, Case #: 12-22-00197-CR, Categories: Evidence, Fraud, Theft
J. Quinn finds that the lower court properly dismissed one cause of action in this purported class action against a bank but improperly dismissed the other. The bank had the right under a contract to assess a new fee "each time an item was paid or returned due to a want of funds, irrespective of whether the same item was previously returned." However, the cause of action regarding overdraft fees on debit card purchases should not have been dismissed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 17, 2023, Case #: 07-22-00080-CV, Categories: Civil Procedure, Banking / Lending, Class Action
J. Soto finds a lower court ruled correctly in convicting defendant in a “series of interrelated kidnappings and a murder.” Defendant argued there was not sufficient evidence to support prosecutor's arguments that she was part of organized criminal activity and that prosecutors had unfairly prejudiced her by admitting autopsy photographs of a murder victim, but the jury heard evidence that defendant wanted others to “clean … up” and “do something” about evidence of one murder, and the autopsy photographs supported key aspects of the prosecution argument, including that the victim had been bound before his killing and was later dismembered. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 17, 2023, Case #: 08-22-00165-CR, Categories: Jury, Murder, Kidnapping