339 results for 'casenum:"14"'.
J. Zimmerer finds that the trial court improperly granted the city's plea to the jurisdiction in a female police officer's suit alleging discrimination and retaliation after she was demoted from assistant chief to lieutenant by the acting chief following her role in an investigation into his son's sexually harassing conduct as a field-training officer. The demoted officer established a prima facie case of retaliation and gender discrimination. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: May 16, 2024, Case #: 14-23-00143-CV, Categories: Employment, Municipal Law, Jurisdiction
J. Poissant finds that the trial court improperly granted the hospital's motion to dismiss the health-care liability claim relating to alleged negligent care provided to a patient after gastrointestinal surgery. The patient's amended expert report sufficiently addressed the causation element as to the alleged injuries. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 16, 2024, Case #: 14-22-00873-CV, Categories: Health Care, Experts
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: Civil Procedure, Family Law, Property
J. Hassan finds that the trial court improperly ruled in favor of the police officer in a dispute with her insurer over the denial of uninsured/underinsured motorist benefits after a rear-end crash. The record does not show that the "regular-use exclusion" as applied to the officer's patrol vehicle violates public policy, so she is not entitled to the UM/UIM benefits. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00450-CV, Categories: Insurance, Contract
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J. Hassan finds that the trial court partly erred regarding the damages awarded to the landlord in a suit against the former tenant alleging breach of lease. The evidence was insufficient to support the damages awarded to the landlord for re-leasing expenses, and the tenant was owed a credit of $100,000 for the security deposit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00727-CV, Categories: Landlord Tenant, Damages, Contract
[Consolidated.] Per curiam, the court of appeals reverses, in part, certain convictions in a case against four defendants on charges arising from a gang-related shooting that led to two deaths and injuries to two additional victims. Certain convictions predicated on underlying conspiracy convictions must be vacated, as they underlying convictions are misdemeanors. Furthermore, one defendant's second-degree murder conviction must be vacated due to insufficient evidence. Reversed in part.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: May 9, 2024, Case #: 14-CF-0667, Categories: Murder, Conspiracy, Gangs
J. Wilson finds that the trial court improperly dismissed the lender's breach of contract claim for lack of standing. The lender alleged sufficient facts to show standing on the claim for an unpaid loan against the individual accused of misdirecting the funds "for the benefit of a different religious community." Reversed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00131-CV, Categories: Jurisdiction, Contract
J. Wilson finds that the probate court properly ruled against the attorney when it approved the account for final settlement and removed the case from the docket. The attorney's constitutional complaints were inadequately briefed, and his argument about the lack of timely notice for the hearing is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 9, 2024, Case #: 14-23-00146-CV, Categories: Civil Procedure, Wills / Probate
J. Jewell finds that the trial court properly denied the employer's motion to compel arbitration of a former employee's retaliation suit alleging she was fired for reporting that a patient sexually assaulted her. The arbitration agreement is not enforceable based on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Jewell, Filed On: May 7, 2024, Case #: 14-23-00300-CV, Categories: Arbitration, Employment
J. Poissant finds that the trial court improperly granted no-evidence summary judgment in a dispute over ownership of title to a property. The land company's deeds and affidavits raised a fact issue as to whether it has superior title to the property. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: May 7, 2024, Case #: 14-23-00004-CV, Categories: Evidence, Property
J. Bourliot finds that the trial court properly ruled in favor of the individual on claims of breach of a partnership agreement against her former partners relating to a venture to sell personal protective equipment during the Covid-19 pandemic. The former partners' arguments regarding the breach of the partnership agreement claim lack merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 2, 2024, Case #: 14-21-00558-CV, Categories: Partnerships, Covid-19, Contract
J. Hassan finds that the trial court's order of non-suit in a defamation case did not constitute a final judgment since it did not address the request for attorney fees and damages. Thus, the appellants' motion to modify was improperly denied, so the case is remanded. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 2, 2024, Case #: 14-23-00171-CV, Categories: Civil Procedure, Defamation
[Consolidated.] J. Christopher finds that the trial court should have granted the special appearance of the pharmaceutical holding company that was sued by two Texas counties for its role in the opioid crisis. The counties did not show the holding company is the alter ego of the drug maker over which the trial court has personal jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: April 30, 2024, Case #: 14-23-00202-CV, Categories: Negligence, Jurisdiction
Per curiam, the appellate court grants mandamus relief to the community association seeking to designate two entities as responsible third parties for an underlying suit brought by property owners over flooding allegedly caused by amenity lakes in the subdivision and improvements on nearby properties. It was an abuse of discretion for the trial court to deny the association's motion.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 30, 2024, Case #: 14-23-00283-CV, Categories: Civil Procedure, Property
J. Hassan finds that the trial court properly ruled against the majority shareholder of a corporation on third party claims against accounting firm parties stemming from a dispute with a partner in a hotel business. The shareholder failed to give evidence that the firm owed a fiduciary duty or that there was an alleged breach of any duty to him. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 25, 2024, Case #: 14-22-00769-CV, Categories: Corporations, Fiduciary Duty
J. Poissant finds that the trial court improperly granted a plea to the jurisdiction in an actress' defamation suit against a university academic counselor after a disagreement between them and subsequent criminal trespass complaint against the actress. The counselor's claim of having "absolute privilege" will not be considered when determining subject matter jurisdiction in this case. Reversed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: April 25, 2024, Case #: 14-22-00877-CV, Categories: Defamation, Jurisdiction
J. Wilson finds that the trial court properly granted the appraisal district's plea to the jurisdiction and dismissed the property owner's claims in a tax protest case involving removal of an exemption. The exclusive remedies for the owner's claims "are the procedures prescribed by the Property Tax Code." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 14-22-00557-CV, Categories: Property, Tax, Jurisdiction