7 results for 'casenum:"00323"'.
J. Horton finds the county court improperly denied the earth mover's attorney's motion to reinstate/for new trial. The earth mover's case was dismissed, and the client/property owner received $19,891 on its contract breach counterclaim after the earth mover's attorney failed to appear. The attorney, who was involved in another proceeding due to a scheduling conflict, requested that his clerk go to the other courtroom to let them know that he would be there. The clerk instead checked the court’s webpage “for an update,” which resulted in the attorney’s unintentional failure to appear. This reasonably explains that the attorney's absence was not due to conscious indifference. Reversed.
Court: Texas Courts of Appeals, Judge: Horton , Filed On: May 16, 2024, Case #: 09-22-00323-CV, Categories: Administrative Law, Due Process, Contract
J. Smith finds that the lower court improperly granted a no-evidence summary judgment to the appellee in this breach of contract and conversion case brought by his former employers. The lower court abused its discretion by "rejecting, and not considering, appellants' filing," which prevented them from properly presenting their evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: April 4, 2024, Case #: 05-23-00323-CV, Categories: Civil Procedure, Evidence, Contract
Per curiam, the appellate division finds that Jay M. Wolman shall be publicly censured following his public reprimand in Connecticut for his unprofessional conduct at a deposition asking a witness to search his phone for responsive documents when the attorney had not formally requested any such production.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: January 24, 2024, Case #: 00323, Categories: Attorney Discipline
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Silva finds on restricted appeal that the lower court improperly divided the marital property in this divorce proceeding. The evidence did not sufficiently establish the division of the marital estate, as the only evidence was the wife's "conclusory testimony that the proposed divorce decree constituted a just and right division." Reversed in part.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: July 13, 2023, Case #: 13-22-00323-CV, Categories: Evidence, Family Law