14 results for 'filedAt:"2023-10-09"'.
J. Rodriguez finds a lower court erred in partially granting summary judgment to an ex-husband in a divorce case and instead issues a writ of mandamus in favor of the ex-wife. The lower court has not adequately considered a premarital agreement signed by the couple before they married in Mexico, including whether the agreement is valid under Texas law. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 9, 2023, Case #: 08-23-00225-CV, Categories: Family Law, International Law
J. Bratvold affirms the district court's dismissal of the grandfather's petition for visitation of his grandchildren and its denial of his motion to compel discovery and enforce subpoenas. No motion for dismissal was required for the the district court to dismiss the petition after finding that the grandfather had not established required factors for visitation, and a six-month waiting period does not apply to the petition. Denial of the discovery motion was also not an abuse of discretion in light of the petition dismissal.
Court: Minnesota Court Of Appeals, Judge: Bratvold, Filed On: October 9, 2023, Case #: A23-0151, Categories: Civil Procedure, Family Law
J. Nowell finds that the lower court improperly granted a default judgment and a summary judgment in this lawsuit arising from a joint venture "to renovate and flip a residential property." The no-answer default judgment against the defendant company was inappropriate, as the manager attempted to answer on behalf of the company. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-22-01082-CV, Categories: Civil Procedure, Real Estate
J. Perluss denies as moot the father’s appeal of the juvenile court’s removal of his children. The children were removed from the father and placed with their mother after the family services agency determined that the parents engaged in physical and verbal altercations in the presence of the children. Prior to the father’s filing, the juvenile court terminated its jurisdiction and issued joint legal and physical custody based on the parent’s mediated agreement. Neither the juvenile court or court of appeals has jurisdiction to hear the issues.
Court: California Courts Of Appeal, Judge: Perluss, Filed On: October 9, 2023, Case #: B317838, Categories: Family Law, Jurisdiction, Guardianship
J. Swiney finds the lower court properly terminated the parental rights of a mother to her three minor children on grounds of abandonment by failure to support, abandonment by failure to visit and persistent conditions. The children were removed from the mother’s home due to domestic violence between the mother and her husband. The mother argues the grandparents that the children were placed with were keeping her from seeing the children and that she did not fail to visit them, but the instant court finds sufficient evidence in the record to support the lower court’s findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: Swiney, Filed On: October 9, 2023, Case #: M2022-01231-COA-R3-PT, Categories: Family Law
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J. Nowell finds that the lower court improperly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an individual who allegedly fell into a hole at a city park. The court concludes that the area was not "intended for pedestrian use," and there was no evidence that the city had "actual knowledge of the defect." Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-23-00276-CV, Categories: Tort, Jurisdiction
J. Snowden finds a lower court properly ruled in favor of an investor on fraudulent misrepresentation claims against a rapid Covid-19 manufacturer. The Covid-19 testing manufacturer argued that it properly solicited millions in funding from the investor, and that one of its customers was the Department of Health and Social Care. However, the investor sufficiently showed in court that the manufacturer engaged in unlawful means by boosting product sales and revenues. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Snowden, Filed On: October 9, 2023, Case #: CA-2023-707, Categories: Fraud, Covid-19, Contract
J. Goldstein finds that the lower court improperly granted summary judgment to the bank on the trustee's claim for tortious interference with contract. The bank argued that the statements made by the bank president were true and that the truth represented "an absolute total defense" to the claim. However, there is no authority showing that "a Texas court recognized truth as a stand-alone affirmative defense to tortious interference with an existing contract." Reversed in part.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: October 9, 2023, Case #: 05-21-00878-CV, Categories: Trusts, Interference With Contract
J. LeGrow finds that defendants should not suffer collateral consequences after receiving unconditional pardons if defendants are released from custody after filing timely postconviction motions. The trial court improperly dismissed postconviction claims as moot moot because the collateral consequences of defendant's new conviction operate in the same manner as for a first-time felon. Reversed.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: October 9, 2023, Case #: 112, 2021, Categories: Criminal Procedure, Due Process
J. Lewison finds a lower court improperly ruled in favor of a liquidator on the imposition of a repayment plan against a retail company. The liquidator argued that the retail giant is obligated to participate in a debt repayment plan. However, although creditors pressured the company to engage in a payback plan, it does not mean that the defunct retail giant has agreed to its terms. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 9, 2023, Case #: CA-2023-62, Categories: Debt Collection, Damages, Banking / Lending
J. McMullen finds the lower court properly revoked defendant’s probation. Defendant pleaded guilty to statutory rape and received a four-year sentence suspended to supervised probation. Defendant violated the terms of his probation when he was arrested for driving under the influence of alcohol. As a result of the violation, the lower court revoked his probation and ordered him to serve the remainder of his four-year sentence in confinement. The instant court finds no abuse of discretion by the lower court in its order. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01433-CCA-R3-CD, Categories: Probation, Sex Offender, Dui
J. McMullen finds the lower court improperly sentenced defendant in this matter of theft, drugs and firearms. Defendant was convicted of possession of marijuana with intent to sell or deliver, possession of a firearm with intent to go armed during the commission of a dangerous felony, theft of property up to $1,000, and possession of unlawful drug paraphernalia for selling drugs car-to-car at a Sonic drive-in restaurant, and being found with marijuana and a stolen firearm in his backpack. Defendant received an effective five-year sentence to be served in confinement, but because he was eligible for probation for the theft and drug-related convictions, the instant court finds the lower court did not properly consider alternative sentencing. The matter is remanded for resentencing. Reversed.
Court: Tennessee Court of Criminal Appeals, Judge: McMullen, Filed On: October 9, 2023, Case #: W2022-01041-CCA-R3-CD, Categories: Drug Offender, Firearms, Sentencing