19 results for 'cat:"Civil Procedure" AND cat:"Jurisdiction" AND cat:"Contract"'.
J. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: civil Procedure, jurisdiction, contract
J. Contreras finds that the lower court improperly entered a default judgment against the appellant in this breach of contract suit involving the sale of an aircraft. The record indicates that the appellee failed to "strictly comply with the methods of service under the rules of civil procedure." Accordingly, there was no personal jurisdiction over the appellant. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: February 29, 2024, Case #: 13-23-00236-CV, Categories: civil Procedure, jurisdiction, contract
J. Silva finds that the lower court properly denied the county's plea to the jurisdiction in this contract case arising from a hurricane's "landfall and resulting destruction along the Coastal Bend." The appellee contends that it is owed for certain remediation work, and it sufficiently "pleaded facts that would support a waiver of immunity." Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: February 29, 2024, Case #: 13-23-00324-CV, Categories: civil Procedure, jurisdiction, contract
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. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: civil Procedure, jurisdiction, contract
J. Carlyle finds that the lower court properly granted the appellee company's summary judgment motion and plea to the jurisdiction. The pro se appellant contends that the lower court violated due process "when it dismissed her claims despite lacking jurisdiction to reach the merits." But courts must dismiss the case when there is a lack of jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: February 22, 2024, Case #: 05-22-01357-CV, Categories: civil Procedure, jurisdiction, contract
J. Grove finds the marijuana business seller's appeal must be dismissed for lack of jurisdiction. The three issues presented, including judgment for the buyer, attorney fees and discovery sanctions, were decided months before the trial court entered the final judgment upon which the seller based its arguments and, therefore, the appeal is untimely.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: January 25, 2024, Case #: 2024COA10, Categories: civil Procedure, jurisdiction, contract
J. Richardson grants the individual plaintiff's motion to abstain and motion to strike in connection with two breach of contract claims, following remand from the Sixth Circuit. The court finds that there are exceptional circumstances and determines that "the reasons for declining jurisdiction significantly outweigh the interests in exercising jurisdiction." Accordingly, the court will not exercise supplemental jurisdiction over the two state-law contract claims at issue.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: December 14, 2023, Case #: 3:20cv924, NOS: Employment - Civil Rights, Categories: civil Procedure, jurisdiction, contract
J. Thompson denies the former employer's motion to amend its complaint and add the former employee's current employer as a defendant, ruling none of the conduct alleged in the complaint regarding the current employer's plan to convince the employee to violate his noncompete agreement occurred in Connecticut and, therefore, this court lacks jurisdiction over the company.
Court: USDC Connecticut, Judge: Thompson, Filed On: July 31, 2023, Case #: 3:22cv1494, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction, contract
J. Contreras finds that the lower court improperly dismissed the gas station plaintiffs' claims against a petroleum supplier stemming from their supply agreement. The petroleum company, which is based in Georgia, filed its Georgia judgment into an "active Texas suit after filing multiple pleadings." Accordingly, the entire Texas suit should not have been dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: July 20, 2023, Case #: 13-21-00237-CV, Categories: civil Procedure, jurisdiction, contract
J. Dishman denies the city defendants' dismissal motion in this lawsuit brought by a construction company seeking payment for allegedly "unpaid labor, equipment, materials, and services," relating to a rehabilitation project at the Atoka Dam. The court has jurisdiction to hear the company's claims for quantum meruit and unjust enrichment. Additionally, the company is allowed "to pursue alternative theories of recovery" at this stage.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: June 30, 2023, Case #: 5:21cv1138, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction, contract
J. Neals allows plaintiff to continue claims contending a hospital failed to pay for electronic medical record software because the complaint alleges the company is a subsidiary of a corporation in Delaware and Illinois, which establishes diversity of citizenship. Meanwhile, the company was not a party to the settlement in a previous related action.
Court: USDC New Jersey, Judge: Neals, Filed On: June 27, 2023, Case #: 2:21cv3673, NOS: Other Contract - Contract, Categories: civil Procedure, jurisdiction, contract
J. Hanson dismisses this appeal from a circuit court order denying the appellant's motion to vacate a default judgment against him. The breach of contract suit concerned his installation of a fence for the plaintiff property owner, and the record shows that he failed to appear for trial. He argues that "there was an error in judicial administration" that resulted in two separate case numbers. However, the circuit court lacked subject matter jurisdiction, making the judgment at issue void.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: June 23, 2023, Case #: CL-2022-1019, Categories: civil Procedure, jurisdiction, contract