87 results for 'court:"Texas Supreme Court"'.
J. Huddle finds that the court of appeals properly ruled to dismiss a lawsuit brought by the successors of a property owner whose property was foreclosed upon and the mineral rights were sold to the owner of an oil company. Because the foreclosure of the property occurred over 20 years ago, the statute of limitations on the successors' claim has already expired. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: April 26, 2024, Case #: 22-0913, Categories: Property, Public Record, Due Process
Per curiam, the Texas Suprme Court grants AutoZoner's petition for mandamus relief allowing two out-of-state attorneys to appear pro hac vice in an underlying age discrimination lawsuit filed by a former employee. The trial court and court of appeals denied the attorneys' motion to appear in the case, reasoning that they signed documents without being formally admitted to the case. However, it is common practice for out-of-state attorneys' names to be listed below the name and signature of the Texas attorney who makes the filing and raises no ethical concerns.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-0719, Categories: Civil Procedure, Employment
Per curiam, the Texas Supreme Court grants a petition for mandamus relief filed by an oil company that sought to dismiss a wrongful death lawsuit filed by the family of a former employee who died due to a metastasized growth in his kidney. The growth was first discovered during a medical examination mandated by the company in Egypt, but the former employee only learned about its existence a year later. Reviewing the case against the statutory forum non convenien factors, it can be concluded that Egypt is the appropriate venue for the family to pursue their claims.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-1014, Categories: Wrongful Death, Venue
J. Blacklock finds that the Pandemic Liability Protection Act can be retroactively applied to the student’s claims stemming from Southern Methodist University moving to online classes during the Covid-19 pandemic. The student has not shown that "he had a reasonable and settled expectation that he could recovery money damages from SMU if the government forcibly shut down the campus and gave the school only the option" of moving to online classes.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: April 26, 2024, Case #: 23-0565, Categories: Education, Covid-19, Contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a truck driver who sued the owners of three companies that manage the trucking operation after he was injured falling asleep behind the wheel and crashing. There is a lack of evidence to show that the truck driver was an employee of one of the owners. Furthermore, the trial court incorrectly used a pattern jury charge to define "employee," rather than a federal definition. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 19, 2024, Case #: 21-0853, Categories: Employment, Jury
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J. Devine finds that the court of appeals improperly ruled against a private developer in a contract case it filed against the City of San Antonio water system. Based on a contract it formed with the city, the developer alleged that the city was obligated to reserve sewer capacity for a housing development project. The court of appeals granted the city's motion to dismiss the case, citing governmental immunity, and finding that the city had no contractual right to reserve the capacity. However, the contract entered into by the developer and the city waived the city's immunity because it effectively outlined the terms of the project, forming an agreement between the parties. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: April 12, 2024, Case #: 22-0481, Categories: Government, Water, Immunity
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, Water, Immunity
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against Randalls in a premises liability case filed by a shopper alleging that the store should be held liable for her fall next to a grocery cart she claims was leaking its contents. The jury found that the grocery store chain did not have any constructive knowledge of the cart. The court of appeals reversed, finding that the jury should have also answered the question regarding whether Randalls had actual knowledge of the court. However, "since there is no evidence of actual knowledge of the danger, no reasonable jury could have answered the actual-knowledge question" in the shopper's favor. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 23-0041, Categories: Evidence, Jury, Premises Liability
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a homeowner in a damages case he filed against the seller of his home. When the seller sought to initiate arbitration of the issue under the home purchase agreement, the homeowner argued that he could not be compelled to arbitrate because the cost would be unconscionable. The court of appeals held that the arbitration costs were excessive and unenforceable. As a matter of process, the homeowner should have raised the issue of costs with the arbitrator before continuing in the courts. Furthermore, the homeowner failed to show evidence of how the cost of arbitrating the issue was unreasonable but litigating the issue in court was less costly. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 5, 2024, Case #: 22-0830, Categories: Arbitration, Damages, Contract
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a husband in a divorce case when it determined that investment accounts belonging to him were not separate property. Because an expert testifying on the accounts was unable to see statements from the following four months, the court of appeals held that the husband failed to show evidence that the accounts were separate property. While the expert was unable to view the specific account statements, they were still admitted into evidence and still part of the record. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 22, 2024, Case #: 22-0565, Categories: Evidence, Family Law, Experts
J. Bland finds that the court of appeals improperly ruled in favor of a father whose parental rights were terminated by the trial court. The court of appeals held that the father's history of drug use did not constitute evidence showing he directly endangered his children. However, his parental behavior as a whole shows a risk to the children's well-being and likelihood of being endangered. The father's entire history of drug use, refusal of court-mandated drug tests and secure employment presented sufficient evidence to terminate his parental rights. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: March 22, 2024, Case #: 22-0978, Categories: Family Law
J. Young finds that the court of appeals improperly ruled against the city of Dallas in a case concerning whether the city has the authority to implement term limits on the city's retirement fund board of directors. The city's term limits provision is a separate ordinance affecting another ordinance. Because the city did not amend the original ordinance, the board has no power to challenge the term limits. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: March 15, 2024, Case #: 22-0102, Categories: Administrative Law, Government, Municipal Law
Per curiam, the Texas Supreme Court vacates the court of appeals' judgment in a governmental immunity case in which a contractor claimed that the city of Hutto failed to pay it after its work was complete. The court of appeals agreed with the city's assertion that the contractor's claims were barred by governmental immunity because the contract signed between the parties was not properly completed. However, due to the Texas legislature's recent passage of a bill requiring governmental entities to notify contractors of failures to properly complete the contract process before beginning work, the case must be remanded to the trial court for further consideration.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: March 15, 2024, Case #: 22-0973, Categories: Government, Immunity, Contract
J. Blacklock finds that the court of appeals improperly ruled in favor of a doctor in a case brought by a patient of his who claims he released her from the hospital prematurely and is liable for damages she sustained in a fall. While the patient filed her suit within the tolling period of the statute of limitations, the form was incomplete, leading the court of appeals to find in favor of the doctor. However, an incomplete from is still viable for the tolling of the limitations period. Therefore, the patient's claims are ripe. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: March 8, 2024, Case #: 22-0435, Categories: Civil Procedure, Medical Malpractice
J. Huddle finds that the court of appeals properly ruled in favor of a Catholic bishop in a damages case filed against him by a construction company after a former employee allegedly stole resources to renovate the bishop’s home. The bishop sought to enter into a settlement credit following a jury verdict that awarded the company damages. Despite the company’s claims against the credit, the evidence shows that the bishop is entitled to one, thus rendering a take-nothing judgment for the company. Affirmed.
Court: Texas Supreme Court, Judge: Huddle, Filed On: March 1, 2024, Case #: 22-0168, Categories: Property, Settlements, Damages
J. Devine finds that the court of appeals properly ruled in favor of a husband who argued that the trial court failed to fully resolve the divorce proceedings before his wife's death. An email sent from the court to the parties' counsel was not a “public announcement,” making it an “ineffective rendition.” Without a proper announcement rendering judgment, the matter of the couple’s divorce was unresolved at the time of the wife’s death. Affirmed.
Court: Texas Supreme Court, Judge: Devine, Filed On: March 1, 2024, Case #: 22-0242, Categories: Civil Procedure, Family Law
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: Insurance, Settlements, Indemnification
J. Boyd finds that the court of appeals improperly ruled in favor of the heirs of a driver who was killed when he failed to yield to an oncoming Union Pacific train. A “prudent driver” would have followed posted traffic signs as well as yielded to an oncoming train. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0431, Categories: Evidence, Tort, Premises Liability
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. Bland answers yes to the certified questions submitted by the U.S. Fifth Circuit Court of Appeals over whether state law allows a lender to rescind a previously accelerated loan while, in the same notice, re-accelerating the same loan. The statute does not provide specific requirements for how the notice of the loan's acceleration status is to be conveyed to the borrower.
Court: Texas Supreme Court, Judge: Bland, Filed On: February 23, 2024, Case #: 23-0525, Categories: Debt Collection, Banking / Lending, Foreclosure
Per curiam, the Texas Supreme Court finds the court of appeals properly and improperly ruled in an easement case filed by a railroad company against the owner of a concrete plant, whose vehicles cross the railroad tracks via a gravel path to access the plant and a highway. The right of the owner to use the gravel path under estoppel and necessity are not supported by the evidence. However, a prescriptive easement does exist and is supported by the evidence. Affirmed in part.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: February 16, 2024, Case #: 22-0424, Categories: Corporations, Property
J. Young finds that the court of appeals improperly ruled in a case concerning the involuntary commitment of an individual with a history of psychotic behavior. The state provided certificates from two different second-year psychiatry residents certifying the individual with mental illness. Based on a reading of the statutory requirements, the psychiatry residents do qualify as physicians, making their certificates valid before the court. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: February 16, 2024, Case #: 22-0987, Categories: Government, Commitment
J. Blacklock finds that the court of appeals improperly ruled against a newspaper publisher in a defamation case brought by a local prosecutor. The prosecutor alleged in his complaint that the newspaper falsely accused him of assisting in the wrongful prosecution of an individual. Both the trial court and court of appeals denied the newspaper’s attempt to have the case dismissed under the Texas Citizens Participation Act. Even if the article is not entirely accurate, the “gist” of it is true and is therefore protected and the case should have been dismissed. Reversed.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 16, 2024, Case #: 22-0103, Categories: Anti-slapp, Defamation
J. Devine finds the court of appeals improperly ruled against the Texas education commissioner, finding he lacked the jurisdiction to resolve a land dispute between two school districts. The commissioner has jurisdiction over the case and does not lose it due to inaction or by missing statutory deadlines. Reversed.
Court: Texas Supreme Court, Judge: Devine, Filed On: February 16, 2024, Case #: 22-0169 , Categories: Education, Property, Jurisdiction
J. Blacklock answers a certified question submitted by a federal appeals court concerning whether a homeowner is able to recover attorney fees in a breach of contract case he filed against his insurer after a tornado damaged his house. The homeowner sued the insurance firm, arguing he was owed more from his claim. After the firm made additional payments to the homeowner to resolve the issue, the homeowner sought the award of attorney fees, which the insurer argued was precluded by its payments. Because the firm completed its obligation to the homeowner, it could not be ordered to cover his attorney fees.
Court: Texas Supreme Court, Judge: Blacklock, Filed On: February 2, 2024, Case #: 23-0534, Categories: Insurance, Attorney Fees
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a mother whose parental rights to her son were terminated by a jury. The mother argued, and the court of appeals agreed, that evidence presented by the Texas Department of Family and Protective Services was insufficient in establishing that she endangered the well-being of her child. However, evidence presented by an assigned caseworker and witness testimony supports the jury’s finding that the mother endangered her child. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: February 1, 2024, Case #: 23-0180, Categories: Family Law
J. Hecht finds that the court of appeals improperly ruled against a doctor in a negligence case filed by a patient who was treated for a rattlesnake bite. The patient argues that the doctor acted negligently by not immediately treating the patient with antivenom, allegedly causing lasting pain. A physician may be held liable if they are found to have acted with "willful and wanton negligence," but the patient failed to present any evidence showing the doctor acted in such a way. Reversed.
Court: Texas Supreme Court, Judge: Hecht, Filed On: January 12, 2024, Case #: 22-0835, Categories: Negligence, Medical Malpractice
Per curiam, the Texas Supreme Court finds that Justice John Devine will be eligible to run for reelection to the Texas Supreme Court if he can fix defects in his ballot application. Opponent Brian Walker, who currently sits on the 2nd Court of Appeals, argues that some of Devine's signatures on his application are invalid, but his challenge to the signature petition was "not brought promptly" and precedent requires that "the challenged candidate first be given an opportunity to cure a defect in his petition signatures" before having his application rejected.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 11, 2024, Case #: 24-0016 , Categories: Elections, Government, Judiciary
Per curiam, the Texas Supreme Court grants a civil court judge's petition for mandamus relief, finding that an error she made in her application to be on the 2024 ballot is not a means to disqualify her from being included in the election. The judge, who is running for reelection, failed to provide her bar number in her application for a judicial seat in Harris County and the county Democratic party chair denied her application because of the error. A party chair has the authority to reject applications that do not comply with statutory requirements, but they may not exclude candidates who meet all requirements but fail to comply with the specific section cited by the party chair in this case.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: January 10, 2024, Case #: 24-0007, Categories: Elections, Judiciary
Per curiam, the Texas Supreme Court finds the court of appeals improperly ruled against a mother who sought to appeal a lower court's ruling terminating her parental rights to her child. The mother's actions indicate that she attempted to fully exhaust her right to appeal the ruling. However, due to a recording error with the courts, the court of appeals deprived her of that right. Because the mother properly followed court procedures, she is entitled to have the merits of her appeal considered by the court of appeals. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: December 29, 2023, Case #: 23-0589, Categories: Civil Procedure, Family Law