92 results for 'casenum:"11"'.
J. Bailey finds that the lower court improperly granted summary judgment to the appellee company on its breach of contract claim alleging breach of a mediated settlement agreement against an individual who provided pumping services for the company. The appellant argues that the appellee company "breached the payment provision" in the parties' agreement before any alleged breach on his part. The court concludes that summary judgment was not appropriate, as the appellant "sufficiently raised a fact question with respect to the affirmative defense of prior material breach." Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: May 16, 2024, Case #: 11-22-00199-CV, Categories: Civil Procedure, Contract
J. Trotter finds that the lower court properly granted summary judgment to the appellee in this breach of contract case but improperly awarded attorney fees. Accordingly, the fee issue is remanded to determine the amount of reasonable fees to be awarded, if any. Additionally, the award for appellate fees is due to be reversed, as the appellee acknowledges "there is no proof in the record" supporting the award. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: May 9, 2024, Case #: 11-23-00036-CV, Categories: Attorney Fees, Contract
J. Williams finds that the lower court properly awarded $0 in damages to the appellant in this breach of contract case involving oilfield equipment that allegedly fell into an oil well and had to be retrieved. Additionally, the amount owed to the appellee under multiple invoices was not “previously discharged by any material breach,” as the appellant argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: May 9, 2024, Case #: 11-22-00230-CV, Categories: Damages, Contract
J. Bailey finds that the lower court properly denied the appellant's motion to recuse the judge based on an allegation of partiality in this eviction proceeding. The judge dismissed the appellant's counterclaim petition "the day after it was filed." It may have been improper to rule on the dismissal motion "without notice or hearing," but the ruling was "not a result of prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00127-CV, Categories: Civil Procedure, Real Estate
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: Civil Procedure, Insurance
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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. Trotter finds that the lower court properly terminated the parental rights of the mother. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the mother failed to comply with her family service plan and also shows that the child expressed a desire to be adopted. Additionally, the child's behavior had "greatly improved" while living with a relative. The court further concludes that "this parent-child bond is fundamentally broken." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: April 11, 2024, Case #: 11-23-00258-CV, Categories: Evidence, Family Law
J. Williams finds that the lower court properly terminated the mother's parental rights to three children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest findings. The record indicates a history of drug use by the mother and a failure to complete her family service plan. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: April 11, 2024, Case #: 11-23-00248-CV, Categories: Evidence, Family Law
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: Ineffective Assistance
J. Trotter finds in this accelerated appeal that the lower court properly terminated the parental rights of the mother to her four children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. She tested positive for various drugs during the pendency of the case, and two of the children tested positive for illegal drugs. Also, she denied that she had a drug problem. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 28, 2024, Case #: 11-23-00234-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court properly entered a civil commitment order pursuant to the Texas Civil Commitment of Sexually Violent Predators Act. The lower court did not err by denying the appellant's request for a mistrial, in which he argued that the venire panel saw him "in jail attire and restraints." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: March 28, 2024, Case #: 11-22-00046-CV, Categories: Commitment
J. Williams finds that the lower court properly terminated the parental rights of the mother to her daughter. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine and admitted to drinking alcohol, despite a requirement that she "remain alcohol-free during the pendency of the case." She also failed to attend her parenting classes. Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: March 7, 2024, Case #: 11-23-00233-CV, Categories: Evidence, Family Law
J. Trotter finds that the lower court improperly denied the city's motion for summary judgment in this workers' compensation death benefits case involving a firefighter who was diagnosed with pancreatic cancer. The court concludes that the family members "failed to carry their summary judgment burden" and rules that the firefighter "did not sustain a compensable injury in the form of an occupational disease." Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 7, 2024, Case #: 11-22-00273-CV, Categories: Employment, Workers' Compensation
J. Williams conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order in the underlying proceeding requiring the relator company "to waive its claims for affirmative relief unless its member/owner agreed to waive his privilege against self-incrimination" in connection with certain allegations against him. The lower court abused its discretion with the ruling, as it not only determined that the company would be sanctioned, but also that its claims would be "summarily dismissed."
Court: Texas Courts of Appeals, Judge: Williams, Filed On: February 29, 2024, Case #: 11-23-00254-CV, Categories: Civil Procedure, Privilege
J. Rivera finds that the appellate division improperly found for building owners in workplace injury claims contending the subcontractor's employee slipped on plastic sheeting that had been put down while he painted an escalator because the plastic constituted a "foreign substance" not part of the escalator, and the sheet was not integral to the painter's work since drop cloths could have been used. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: February 20, 2024, Case #: 11, Categories: Tort, Labor
J. Bailey finds in this accelerated appeal that the juvenile court properly waived its jurisdiction over the appellant and transferred the case to criminal court. The lower court did not abuse its discretion with the transfer order. The appellant, who was 16 years old at the time of the hearing, challenges the sufficiency of the evidence supporting the juvenile court's probable cause finding, but the state "offered numerous exhibits and called six witnesses." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: February 15, 2024, Case #: 11-23-00229-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Eddins determines that the appeals court has jurisdiction over appeals if the court and its clerks do not timely notify the parties that a post-judgment motion is denied, and the timeframe to begin an appeal only begins when noticed is provided or when the court enters a nullified order. “Judicial inaction cannot operate to foreclose a right to appeal.”
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: February 12, 2024, Case #: SCAP-23-11, Categories: Civil Procedure, Jurisdiction
J. Cabret finds the superior court properly entered orders dismissing without prejudice and compelling arbitration in the employee's lawsuit in part claiming he was wrongfully fired by the resort company. The employee incorrectly argues that the parties' arbitration agreement only covers "previously asserted claims" and not the claims in his lawsuit. Because the plain language of the agreement clearly includes the employee's claims, and because he has failed to show the agreement is unconscionable, the superior court's orders stand even though it made an error in holding that the agreement is governed by the Federal Arbitration Act. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: February 9, 2024, Case #: 2024 VI 11, Categories: Arbitration, Employment, Contract
J. Trotter finds that the lower court improperly denied the appellants' dismissal motion in this health care liability lawsuit based on the appellee's alleged failure to timely serve them with the expert report and curriculum vitae. The appellee "failed to timely effectuate service of her expert reports" as required, and the parties did not agree to an extension. Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: February 8, 2024, Case #: 11-23-00027-CV, Categories: Civil Procedure, Health Care, Experts
J. Williams finds that the lower court properly entered a final judgment and commitment order civilly committing the appellant under the Texas Civil Commitment of Sexually Violent Predators Act. The appellant contends that, based on the Texas Supreme Court's Stoddard opinion, "there are no issues that can be raised on appeal that would result in reversible error." The court concludes, however, that his argument "misses the mark." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: February 8, 2024, Case #: 11-23-00191-CV, Categories: Civil Procedure, Commitment
J. Lauber finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to report all gross income.
Court: U.S. Tax Court, Judge: Lauber, Filed On: January 31, 2024, Case #: 2024-11, Categories: Tax
J. Williams finds that the lower court improperly awarded prejudgment interest and attorney fees to the appellee grain company in this breach of contract lawsuit regarding certain shipments of wheat and corn. The prejudgment interest is accordingly modified, and the issue of attorney fees is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: January 25, 2024, Case #: 11-22-00107-CV, Categories: Attorney Fees, Contract
J. Bailey grants, in part, the petition for a writ of mandamus to order city commissioners to proceed with a recall election. The relator contends that he turned in petitions for two commissioners to be recalled, but the city has not taken action to schedule the recall election. The court concludes that city is directed to schedule a special election to recall two commissioners within 15 to 30 days. The petition is denied with respect as to Judge Hullum because full relief has been afforded in ordering the recall election to proceed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 18, 2024, Case #: 11-23-00283-CV, Categories: Elections, Government
Per curiam, the court of appeals finds that defendant was improperly convicted based on his guilty plea to assault stemming from a head-on car collision that caused serious injury. One appellate justice failed to address the merits of the interest-of-justice challenge to the sentence as excessive based on the mistaken belief that defendant's appeal waiver was valid. As a result, that challenge should be considered on remittal. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: January 16, 2024, Case #: 44 SSM 11, Categories: Sentencing, Plea
J. Bailey finds that the lower court properly terminated the parental rights of the father to his three children. Contrary to his argument on appeal, the evidence sufficiently supports the endangerment and best interest findings. Specifically, the lower court did not err in admitting the children's "outcry statements." Also, the evidence establishes the children's improvement since removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 11, 2024, Case #: 11-23-00202-CV, Categories: Evidence, Family Law
J. Maraman finds the lower court properly enhanced defendant’s sentence after he breached his plea agreement by committing new criminal offenses before the sentencing. The plea agreement included a provision that requires increasing defendant’s sentence if new offenses were committed, even if he complied with all other aspects of the agreement. Affirmed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: December 26, 2023, Case #: CRA22-11, Categories: Robbery, Sentencing
J. Bailey finds that the lower court properly terminated the mother's parental rights to her infant son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record shows that the child tested positive for cannabinoids and also shows that the mother was expelled from a women's shelter "for violating the shelter's alcohol policy." She also failed to "engage in mental health services." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-23-00184-CV, Categories: Evidence, Family Law