45 results for 'judge:"Bailey"'.
J. Bailey finds that the lower court properly denied the appellant's motion to recuse the judge based on an allegation of partiality in this eviction proceeding. The judge dismissed the appellant's counterclaim petition "the day after it was filed." It may have been improper to rule on the dismissal motion "without notice or hearing," but the ruling was "not a result of prejudice." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00127-CV, Categories: Civil Procedure, Real Estate
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: Civil Procedure, Insurance
J. Bailey finds that the lower court properly entered a civil commitment order pursuant to the Texas Civil Commitment of Sexually Violent Predators Act. The lower court did not err by denying the appellant's request for a mistrial, in which he argued that the venire panel saw him "in jail attire and restraints." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: March 28, 2024, Case #: 11-22-00046-CV, Categories: Commitment
[Consolidated] J. Bailey finds a lower court properly ruled in favor of the tax authority on a power plant's challenge to a tax imposition. The power plant argued that the tax authority erred in deciding that the County's valuation and taxation of it was preempted. However, the tax authority sufficiently showed in court that previous tax levies from 2010 to 2013 barred the plant from moving ahead on its claims. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: March 19, 2024, Case #: 1 CA-TX 20-4, Categories: Tax
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J. Bailey finds in this accelerated appeal that the juvenile court properly waived its jurisdiction over the appellant and transferred the case to criminal court. The lower court did not abuse its discretion with the transfer order. The appellant, who was 16 years old at the time of the hearing, challenges the sufficiency of the evidence supporting the juvenile court's probable cause finding, but the state "offered numerous exhibits and called six witnesses." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: February 15, 2024, Case #: 11-23-00229-CV, Categories: Evidence, Jurisdiction, Juvenile Law
J. Bailey finds a lower court properly charged a motorhome driver for death of a moving violation after he crashed into the rear-end of another driver's vehicle. The driver argued that he is entitled to relief because he rear-ended the other vehicle before entering an intersection at a red light. However, the state sufficiently showed in court that the enhanced penalty statute does not require a crash to have occurred in the middle of an intersection. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: February 13, 2024, Case #: 1 CA-SA 23-162, Categories: Negligence, Wrongful Death
J. Bailey grants, in part, the petition for a writ of mandamus to order city commissioners to proceed with a recall election. The relator contends that he turned in petitions for two commissioners to be recalled, but the city has not taken action to schedule the recall election. The court concludes that city is directed to schedule a special election to recall two commissioners within 15 to 30 days. The petition is denied with respect as to Judge Hullum because full relief has been afforded in ordering the recall election to proceed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 18, 2024, Case #: 11-23-00283-CV, Categories: Elections, Government
J. Bailey finds that the lower court properly terminated the parental rights of the father to his three children. Contrary to his argument on appeal, the evidence sufficiently supports the endangerment and best interest findings. Specifically, the lower court did not err in admitting the children's "outcry statements." Also, the evidence establishes the children's improvement since removal. Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: January 11, 2024, Case #: 11-23-00202-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court properly terminated the mother's parental rights to her infant son. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record shows that the child tested positive for cannabinoids and also shows that the mother was expelled from a women's shelter "for violating the shelter's alcohol policy." She also failed to "engage in mental health services." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-23-00184-CV, Categories: Evidence, Family Law
J. Bailey finds that the lower court improperly rendered a take-nothing judgment against the appellant company on its claims. The court concludes that a certain agreement conveyed an ownership interest to the company, which was sufficient to enable it "to bring an action to quiet title and a suit for an accounting." Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: December 21, 2023, Case #: 11-22-00124-CV, Categories: Civil Procedure, Real Estate
J. Bailey finds that the trial court properly divided property in a dissolution of marriage by calculating the value of a farm or the amount of marital debt at the time of the initial dissolution petition. Meanwhile, the court properly adjusted the wife's equalization payment for money she had paid for the husband's personal expenses during the dissolution process. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: December 19, 2023, Case #: 22A-DN-2801, Categories: Family Law
J. Bailey finds a lower court improperly ruled a defendant was entitled to pursue ineffective counsel claims against the State. The defendant, who was charged on six counts of sexual conduct of a minor and one count of public sexual indecency, argued that he is entitled to relief on his innocence claim and that he was provided with inadequate representation. However, the government presented sufficient evidence in court that his ineffective counsel claims are precluded by his allegations of complete denial of counsel. Reversed.
Court: Arizona Court Of Appeals Division One, Judge: Bailey, Filed On: September 26, 2023, Case #: 1 CA-CR 22-174, Categories: Sex Offender
J. Bailey finds that remand is appropriate in this case concerning "the interpretation of a 1924 deed." The Texas Supreme Court previously ruled in a separate case involving "mineral interests in the same property," and the court concludes that remand is proper in this case "for further consideration in light of the supreme court's decision." Vacated.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: September 14, 2023, Case #: 11-19-00196-CV, Categories: Civil Procedure, Energy, Real Estate
J. Bailey finds the lower court improperly granted a company’s motion to dismiss. A misdelivery of chemicals to a meat processing plant allegedly resulted in over $1 million in damages to the facility. The lower court found that the matter should be dismissed as a contract between the parties contains a forum selection clause. The instant court finds the clause to be unreasonable in this circumstance because it would result in multiple lawsuits with the same parties over essentially the same issues. Reversed.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: September 5, 2023, Case #: 22A-PL-2989, Categories: Negligence, Contract
J. Bailey finds that the lower court properly determined that certain settlement proceeds from a motor vehicle accident were community property in this divorce proceeding. The lower court did not abuse its discretion in finding that the husband failed to show "which portions of the settlement proceeds for his UIM claim were his separate property." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 24, 2023, Case #: 11-22-00085-CV, Categories: Family Law, Property
J. Bailey conditionally grants the Texas Department of Transportation's petition for a writ of mandamus, in which it challenges an order granting a new trial in the underlying case involving a car crash. The lower court abused its discretion in granting the new trial motion, as there was sufficient evidence to support the jury's findings as to negligence. Accordingly, the order should be vacated.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 23, 2023, Case #: 11-23-00112-CV, Categories: Civil Procedure, Negligence
J. Bailey finds that the lower court improperly granted summary judgment in this dispute involving the reservation of a nonparticipating royalty interest in "a 1952 general warranty deed." The lower court ruled that "the reservation was ineffective under Duhig." However, the appellants' issues are sustained, as Duhig does not require that the grantors or their successors "are estopped from asserting title to the reserved" interest. Reversed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: August 17, 2023, Case #: 11-21-00154-CV, Categories: Energy, Real Estate
J. Bailey finds the lower court properly ordered an involuntary commitment, but improperly ordered special conditions for outpatient treatment. A 62-year-old Air Force veteran was involuntarily committed after failing to take his psychotropic medications and reported for displayed concerning behavior. While he voluntarily took medications for schizoaffective disorder while in inpatient care, his attending physician expressed concerns over his ability to continue medications, his advanced level of disability and potential to harm himself or others. The lower court agreed and ordered a temporary commitment with special conditions for release. While evidence is sufficient to support the involuntary commitment, the special conditions imposed for release or outpatient treatment are unwarranted as there is a lack of evidence to support the decision. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: August 4, 2023, Case #: 23AMH490, Categories: Evidence, Commitment