23 results for 'judge:"Alvarez"'.
J. Alvarez upholds the trial court's refusal to compel arbitration on parents' claims arising from injuries their child allegedly suffered while at a trampoline park. Although the park argues the father's friend signed the contract that contained the arbitration agreement on behalf of the father before entering the park, it is in dispute whether the streak mark on the agreement is his signature. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: April 3, 2024, Case #: 04-23-00146-CV , Categories: Arbitration, Tort, Contract
J. Alvarez conditionally grants a medical liability trust's petition opposing the deposition of a patient who is suing a doctor the trust refused to defend against the patient's claims. The trial court's improperly granted the doctor's motion to compel the deposition in his declaratory action against the trust, as it failed to correctly analyze and apply the law, and compelling the deposition exceeded the scope of discovery. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: March 20, 2024, Case #: 04-23-00779-CV , Categories: Insurance, Discovery
J. Alvarez upholds the trial court's judgment on a jury's verdict that awarded an injured driver $157,000 in past medical expenses, but denied any other claim for damages. Based, in part, on a question whether his injuries were caused by pre-existing conditions, the "evidence was within the zone of reasonable disagreement." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: February 14, 2024, Case #: 04-22-00656-CV , Categories: Tort, Damages
J. Alvarez reverses the trial court's dismissal of a family's oil and gas lease dispute against another family that owns nearby property. The trial court improperly granted the neighboring family's plea to the jurisdiction, as their arguments were based on standing, mootness, judicial admissions and other claims that are not proper grounds on which to grant the plea. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: January 3, 2024, Case #: 04-22-00563-CV , Categories: Energy, Property, Jurisdiction
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. Alvarez upholds the lower court's dismissal of a husband's action against a city related the death of his wife, which occurred due to a car collision caused by a man who had stolen a vehicle and was fleeing police. The husband failed to challenge the city's immunity defense. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: December 13, 2023, Case #: 04-22-00193-CV, Categories: Immunity, Negligence
J. Alvarez finds that a DUI defendant's pretrial appeal of the denial of his suppression motion is untimely. The 45-day window for review begins upon arraignment, which has not been held yet. Also, neither Anders or Wende constitutionally require a pretrial appellate review of a denied suppression motion in a misdemeanor case.
Court: California Courts Of Appeal, Judge: Alvarez, Filed On: December 8, 2023, Case #: 0003066, Categories: Evidence, Search, Dui
J. Alvarez upholds the lower court's determination the vote totals in a tight city council election were correct, while seven of the votes for one candidate were illegal, rendering the initial losing opponent now the winner of the election. Sufficient evidence supports the election night count was accurate and the six contested votes were illegal. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: November 13, 2023, Case #: 04-23-00099-CV , Categories: Elections
[Consolidated.] Upon remand from the Texas Supreme Court, J. Alvarez vacates, in part, the trial court's assessment that a former county attorney must pay court costs, sanctions and attorney fees in his individual capacity following his unsuccessful case against county officials for the reduction in his salary. The attorney filed the case in his official capacity, and there is no evidence he was ever served individually or that his actions constituted a general appearance. Vacated in part.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 23, 2023, Case #: 04-19-00714-CV, Categories: Civil Procedure, Sanctions, Attorney Fees
J. Alvarez upholds defendant's conviction for aggravated sexual assault of a child, which he committed on his brother. The trial court properly refused to allow defendant to question his brother about the recantation of his accusation regarding the assault during the punishment phase of the trial, as the recantation is not relevant during sentencing. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 17, 2023, Case #: 04-21-00417-CR , Categories: Sentencing, Sex Offender, Witnesses
J. Alvarez upholds the trial court's grant of a temporary injunction that prevents a restaurant from operating its wood-burning grill until a trial is held on the adjacent hotel's nuisance and trespass claims regarding the smoke and grease emitted from the grill. There is evidence to reasonably support the hotel's claims and that it would suffer irreparable injury without an injunction. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 2, 2023, Case #: 04-23-00242-CV , Categories: Injunction
J. Alvarez upholds defendant's guilty-plea conviction for the murder of his mother. His right to a speedy trial was not violated, as he never requested a speedy trial and the record indicates defendant's "strategic motivation was always to achieve a favorable plea or a dismissal." Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: July 19, 2023, Case #: 04-22-00030-CR , Categories: Murder, Plea, Speedy Trial
J. Alvarez uhpolds the lower court's reinstatement of its summary judgment order, in which it found for an insurer on a driver's extra-contractual claims arising from a car collision. The driver failed to provide evidence to support his claim for attorney fees, and the trial court properly refused to grant him a continuance based, in part, on his lack of due diligence. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: June 27, 2023, Case #: 04-22-00055-CV , Categories: Civil Procedure, Insurance, Attorney Fees
J. Alvarez finds for a group of lenders on a homeowner's fraud, contract and related claims in a foreclosure case. Although the homeowner recites the elements of each claim, he fails to plead any facts to support the claims.
Court: USDC Southern District of Texas, Judge: Alvarez, Filed On: June 12, 2023, Case #: 7:22cv422, NOS: Foreclosure - Real Property, Categories: Fraud, Negligence, Contract