113 results for 'casenum:"07"'.
J. Doss finds that the lower court properly entered a Chapter 7B protective order against the appellant on behalf of the mother and the child. Contrary to the appellant's argument, an order transferring the case to another county does not prove a lack of jurisdiction. Additionally, the lower court did not err in rejecting his motion to set aside the default judgment, which was based on his failure to appear at the hearing on the protective order application. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 16, 2024, Case #: 07-23-00229-CV, Categories: Restraining Order, Jurisdiction
J. Doss finds that the lower court improperly denied the city's plea to the jurisdiction in this employment discrimination lawsuit. The former employee failed to show that her termination was "an instance of disparate discipline" in support of her claims for age and sex discrimination. Accordingly, the former employee's claims are dismissed based on a lack of subject matter jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 15, 2024, Case #: 07-23-00275-CV, Categories: Civil Procedure, Jurisdiction, Employment Discrimination
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates that the child "suffered a life-threatening crisis by ingesting methamphetamine" while in the mother's care and that the mother failed to "maintain a drug-free lifestyle" as required. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: May 14, 2024, Case #: 07-23-00442-CV, Categories: Evidence, Family Law
J. Quinn finds that the lower court improperly awarded certain damages in this dispute involving a well drilling business and two former employees. The court concludes that the $1.53 million award for lost profits was in error, as it was not sufficiently supported by the evidence. The finding of $1.1 million in damages to the parent corporation was supported by the evidence, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 9, 2024, Case #: 07-23-00378-CV, Categories: Employment, Damages, Fiduciary Duty
J. Quinn finds that the lower court improperly granted a temporary injunction in this case concerning the operation of two limited partnerships. The injunction at issue did not preserve the last "non-contested status which preceded the pending controversy." Accordingly, the injunction order was an abuse of discretion. Reversed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: May 3, 2024, Case #: 07-23-00314-CV, Categories: Civil Procedure, Business Practices
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J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: Evidence, Family Law
J. Parker finds that the lower court improperly awarded title and possession of certain real property to the appellees. The evidence does not support the appellees' trespass to try title claim or their claim of "an oral gift of real estate." Accordingly, the matter is remanded for a new trial. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-23-00284-CV, Categories: Evidence, Real Estate
J. Parker denies the appellants' motions for rehearing and en banc reconsideration, withdraws the court's prior opinion, and substitutes the current memorandum opinion, holding that the lower court properly denied their dismissal motion pursuant the Texas Citizens Participation Act. The court concludes that the claims at issue in this case, involving allegations of fraudulent transfer, are not based on the exercise of the right to petition. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 23, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
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. Yarbrough finds that the lower court properly dismissed this negligence lawsuit brought by an individual who is committed in the Texas Civil Commitment Center based on a lack of jurisdiction. Though a plaintiff generally has a right to amend in order to "cure a jurisdictional defect," in this case amending the pleadings would not cure the defect. The court finds that he did not file suit in the committing court. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: April 4, 2024, Case #: 07-23-00263-CV, Categories: Civil Procedure, Commitment, Jurisdiction
J. Quinn finds in this restricted appeal that the lower court properly entered an order establishing the parent-child relationship. The pro se appellant fails to show "error apparent on the face of the record." He waived his complaint regarding personal jurisdiction, and his "objections to subject matter jurisdiction are baseless." Affirmed.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: April 4, 2024, Case #: 07-23-00394-CV, Categories: Family Law, Jurisdiction
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: Constitution, Evidence, Family Law
J. Parker finds that the lower court improperly denied the city's plea to the jurisdiction in this personal injury lawsuit stemming from an automobile collision involving a police vehicle that was responding to an emergency. The court does not find that the officer's driving was reckless, as she "used her lights and siren" and "reduced her speed" before entering the intersection against a red light. Reversed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 2, 2024, Case #: 07-23-00400-CV, Categories: Tort, Immunity, Jurisdiction
J. Yarbrough finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the finding that he "constructively abandoned" the child. The evidence specifically shows that he "failed to maintain any contact" with the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 19, 2024, Case #: 07-23-00452-CV, Categories: Civil Procedure, Family Law
J. Yarbrough finds that the lower court properly entered a take-nothing judgment against the appellant in this lawsuit alleging that an insurance company wrongfully drafted his bank account following the expiration of a hospital policy. The appellant sought a refund of the insurance premiums, and he testified that the policy was meant to be for two years only. However, he failed to revoke the authorization for the withdrawals in writing, and he "incorrectly interpreted the two-year termination provision which applied only to authorization for release of medical records." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 13, 2024, Case #: 07-23-00248-CV, Categories: Civil Procedure, Health Care, Insurance
J. Doss finds that the lower court properly terminated the mother's parental rights to her daughter. The evidence sufficiently supports the lower court's best interest finding. The record indicates a history of drug use by the mother. Also, the child "struggles with adjustment after spending time with Mother," and the evidence shows the child is doing well with her foster family. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 7, 2024, Case #: 07-23-00417-CV, Categories: Evidence, Family Law
J. Doss finds in this interlocutory appeal that the lower court properly denied the appellant construction company's summary judgment motions and overruled its objections to the driver's summary judgment evidence in this personal injury suit involving a vehicle accident on a bridge. The company "did not prove each element of its affirmative defense with conclusive evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00258-CV, Categories: Civil Procedure, Negligence
J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: Evidence, Tort, Damages
J. Doss finds that the lower court properly ruled the appellant to be a vexatious litigant. There was no abuse of discretion, as the evidence shows that she was attempting to "relitigate the validity of the determination against her." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 1, 2024, Case #: 07-23-00216-CV, Categories: Civil Procedure
J. Doss finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates unstable employment and "struggles with alcohol abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 28, 2024, Case #: 07-23-00373-CV, Categories: Civil Procedure, Family Law
J. Parker finds in this interlocutory appeal that the lower court properly denied the appellants' dismissal motion pursuant to the Texas Citizens Participation Act. The appellants failed to show that the Act applies to the claims under the Texas Uniform Fraudulent Transfer Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: February 27, 2024, Case #: 07-23-00271-CV, Categories: Civil Procedure, Fraud
J. Doss finds that the lower court properly committed the appellant to the custody of the Texas Juvenile Justice Department and overruled his motion for new trial by operation of law, after a jury found he engaged in delinquent conduct. Contrary to the juvenile's argument on appeal, there was sufficient corroboration of the accomplice testimony. Additionally, any error in limiting the appellant's cross-examination of the alleged accomplice was harmless. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 27, 2024, Case #: 07-23-00149-CV, Categories: Civil Procedure, Juvenile Law