55 results for 'casenum:"01"'.
J. Countiss finds that the trial court improperly entered a $222 million judgment favor of the widow of a worker killed in a steam accident at a coal-fired power plant in Kansas. The jury's damages award was excessive and the result of improper arguments the widow's attorney made encouraging the jury to punish the industrial services provider, which had serviced the plant's relief valves. Furthermore, the trial court improperly applied Texas law, instead of Kansas law, when finding that the provider was 100% responsible for the damages. Also, the case belongs in Kansas, so the jury award is vacated and the case dismissed for forum non conveniens. Vacated.
Court: Texas Court of Criminal Appeals, Judge: Countiss, Filed On: May 16, 2024, Case #: 01-22-00313-CV, Categories: Damages, Wrongful Death, Venue
[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, Vehicle
J. Landau finds that the trial court properly dismissed the insured's action in connection with a claim she made on her homeowners' insurance policy for damage to her plumbing caused by the freeze in Texas in early 2021. The damage was "water" damage even though it was prompted by the freeze, so the insured's claim was subject to the water damage endorsement's coverage limit of $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 14, 2024, Case #: 01-22-00797-CV, Categories: Insurance
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. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: Damages, Contract
J. Hightower finds that the lower court properly convicted defendant of aggravated sexual assault. The court properly denied defendant's motion for a mistrial following a witness’ testimony alluding to another offense because the challenged testimony was “brief and nonspecific.” Affirmed.
Court: Texas Courts of Appeals, Judge: Hightower , Filed On: May 10, 2024, Case #: 01-22-00454-CR, Categories: Sex Offender
J. Guerra finds that the trial court properly declined to dismiss a former contestant's request for sanctions against the production company for Netflix's "Love is Blind." A motion for sanctions is not a "legal action" pursuant to the Texas Citizens Participation Act, so the trial court did not err in denying the TCPA motion to dismiss. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00443-CV, Categories: Sanctions
J. Farris finds that the trial court must vacate its order setting aside the jury verdict and granting a new trial in divorce proceedings. The order did not provide the litigants with a reasonable and specific explanation for setting aside the verdict. However, because the basis of the trial court's order setting aside the verdict is unclear at this point, the ex-wife is not entitled to her request to direct the trial court to enter a judgment on the jury's findings.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 9, 2024, Case #: 01-23-00309-CV, Categories: Family Law
J. Guerra finds that the trial court properly granted an amended temporary injunction in an action over the alleged violation of a non-compete agreement. The injunction, which forbids the nurse practitioner from working as a nurse practitioner in a medical environment within a 20-mile radius of the business that she sold. There is sufficient evidence that the nurse practitioner has caused irreparable harm by working within one mile of her former business and diverting her patients to her new practice. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00482-CV, Categories: Contract, Injunction
J. Landau finds that the trial court properly admitted extraneous offense evidence during the guilt phase of defendant's murder trial. Evidence that defendant assaulted the murder victim's teenage son a few months before the murder had significant probative value that was not outweighed by the risk of unfair prejudice to defendant. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 9, 2024, Case #: 01-23-00173-CR, Categories: Evidence, Murder, Sentencing
Per curiam, the court of appeals finds that the trial court properly granted defense counsel's motion to withdraw because there are no reversible errors on the record following defendant's conviction for engaging in organized criminal activity. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 01-23-00238-CR, Categories: Civil Procedure
J. Guerra finds that the trial court has jurisdiction over false imprisonment and negligence claims brought by a former contestant against the production company for Netflix's "Love is Blind.” Because most of the company's alleged actions, including sequestering the contestant without her consent in a hotel, took place in Houston, the trial court can exercise specific jurisdiction over these claims. However, her two assault claims alleging that another contestant sexually assaulted her fall outside of the court's jurisdiction because the alleged assault occurred during filming in Mexico.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00444-CV, Categories: Negligence, Jurisdiction, Assault
J. Guerra finds that the trial court improperly compelled production of documents in a declaratory judgment and breach of contract case. Requests seeking all of the firm's financial documents and records are impermissible fishing expeditions that are not sufficiently narrowly tailored. The trial court abused its discretion in ordering all of the documents to be produced.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00694-CV, Categories: Discovery, Contract
J. Goodman finds that the lower court properly awarded possession of appellant’s townhome to the purchaser of the property at a foreclosure sale. The “mere existence of a title dispute does not deprive the lower courts of jurisdiction.” Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: May 7, 2024, Case #: 01-22-00819-CV, Categories: Foreclosure
J. Kelly finds that the lower court properly convicted defendant of murder. The court’s finding that the state’s explanations for striking four prospective jurors were “race-neutral” is supported by the record. Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: May 7, 2024, Case #: 01-22-00524-CR, Categories: Murder
J. Kelly finds that the lower court properly convicted defendant of sexual assault. The jury reasonably determined that the complainant “did not consent to the penetration of her sexual organ by appellant.” Affirmed.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: May 7, 2024, Case #: 01-22-00714-CR, Categories: Sex Offender
J. Goodman finds that the lower court improperly dismissed defendant’s prosecution on a charge of misdemeanor driving while intoxicated. Defendant made bond after his arrest and was free for the duration of the proceedings; thus, the record does not support a speedy trial violation. Reversed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: May 2, 2024, Case #: 01-23-00003-CR, Categories: Vehicle
J. Coutiss dismisses this matter on grounds that the appellant failed to file a compliant brief. The lower court found in favor of appellee in her suit alleging trespass by try title, breach of fiduciary duty, fraud, fraudulent inducement, filing fraudulent deed and lien, unjust enrichment, money had and received, and declaratory judgment. Appellant appealed, but finding his brief deficient, he was granted the opportunity to file an amended brief. Because the amended brief also failed to comply with the Texas Rules of Appellate Procedure, the appeal is dismissed.
Court: Texas Courts of Appeals, Judge: Countiss, Filed On: April 25, 2024, Case #: 01-23-00783-CV, Categories: Civil Procedure, Fiduciary Duty
J. Adams finds the lower court improperly denied a group of publishers' motion to dismiss. ProPublica and the Houston Chronicle ran an article on a prominent cardiologist titled “A Pioneering Heart Surgeon’s Secret History of Research Violations, Conflicts of Interest and Poor Outcomes.” The cardiologist subsequently filed suit against the publishers for defamation. The trial court found the article created false impressions, but the instant court finds it referenced the opinions of two cardiologists on the cardiologist's work, research and background, and cannot be the foundation of a defamation claim. Reviewing the article as a whole, the instant court finds the publishers established by a preponderance of the evidence of substantial truth and non-actionable opinion. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Adams, Filed On: April 25, 2024, Case #: 01-22-00281-CV, Categories: Defamation
J. Goodman finds the lower court properly denied an anesthesiologist's motion to dismiss for failure to comply with the expert report requirements of the Texas Medical Liability Act. A mother sued the anesthesiologist, alleging negligence after administering an epidural during the birth of her son, resulting in a permanent brain injury to the child. But the mother failed to serve an amended expert report by the 30-day deadline, so the anesthesiologist entered a motion to dismiss. The lower court denied the motion, and the anesthesiologist argues it should have been granted because the lower court errantly granted the mother an extension, implying a deficiency in the expert report. The instant court agrees the extension was erroneously granted, but alone does not indicate an issue with the report, and on review finds the causation opinion in the original report to be adequate, and the expert qualified. Affirmed.
Court: Texas Courts of Appeals, Judge: Goodman, Filed On: April 25, 2024, Case #: 01-23-00817-CV, Categories: Negligence, Experts, Medical Malpractice
J. Landau finds the lower court improperly issued a default family violence protective order against a boyfriend. A girlfriend applied for the protective order on grounds of alleged harassment and family violence. A temporary order was granted and a date for the protective order hearing was set, but the boyfriend did not appear. A private process server’s affidavit stated that the boyfriend had been served the citation and application for protective order, and the lower court issued a default judgment against the boyfriend and issued a lifetime protective order. The instant court finds that the default protective order required service of notice of the application, and the record does not show that he was served with it. The matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 21, 2024, Case #: 01-22-00597-CV, Categories: Restraining Order
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. 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. Landau finds the lower court properly terminated the parental rights of a mother and father to their minor child on grounds that they knowingly placed or allowed the child to remain in conditions that endangered the child’s well-being, that she failed to comply with a court order establishing the child’s return to her custody, and that it is in the child’s best interest. The child was removed from the parent’s custody and placed into foster care after the mother set fire to the family home with the child inside, removed the child from the premises and threw the child over a fence to the ground. Despite the father's claims that he had no criminal history, an FBI background check revealed 15 criminal charges, including 13 felony convictions for identity theft. Neither parent provided verifiable proof of income, and the mother told authorities that the father had trafficked her and that she was a sex worker, a claim she later denied in addition to her previous claims of domestic violence. The lower court found the parents were unable to care for the child or provide a safe environment. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: April 11, 2024, Case #: 01-23-00765-CV, Categories: Family Law