19 results for 'judge:"Benavides"'.
J. Benavides finds that the lower court improperly dismissed the appellant's claim against a certain correctional officer "for allegedly violating his constitutional right to access the courts." The court concludes that the appellant was "entitled to proceed with his suit" against the officer at the time of dismissal. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 2, 2024, Case #: 13-23-00346-CV, Categories: Civil Procedure, Constitution
J. Benavides finds that the lower court properly denied the appellants' motion to transfer venue from Hidalgo County in this wrongful death lawsuit arising from a fatal accident involving two commercial vehicles. The family sufficiently showed that one of the drivers "was maintaining a residence in Hidalgo County at the time of the accident." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 21, 2024, Case #: 13-23-00135-CV, Categories: Wrongful Death, Venue
[Consolidated.] J. Benavides conditionally grants, in part, the mother's petition for a writ of mandamus, in which she challenges a lower court ruling designating a nonparent as her son's managing conservator. The lower court must vacate its previous orders, issued in June 2023, as the department failed to timely file its motion for reconsideration.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 7, 2024, Case #: 13-23-00433-CV, Categories: Civil Procedure, Family Law
J. Benavides finds in this interlocutory appeal that the lower court improperly denied the appellants' dismissal motion in this health care liability action alleging that a patient was not properly placed on a gurney. The appellee failed to properly file the expert report as required, specifically as to the "mandatory deadline." Also, the appellants' did not waive their right to dismissal by participating in discovery or waiting to file the dismissal motion. Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: February 29, 2024, Case #: 13-23-00353-CV, Categories: Civil Procedure, Experts, Medical Malpractice
J. Benavides finds that the trial court properly granted summary judgement in favor of a couple, the Galvans, on defamation and emotional distress claims against another couple, the Crews. Some of the claims were properly dismissed based on the Texas Citizens’ Participation Act, while the others were barred by res judicata. The Crews couple allege the trial court extended the summary judgment deadlines in violation of the scheduling order. However, the court overrules this allegation due to no authority being cited or adequately briefed. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-22-00289-CV, Categories: Anti-slapp, Defamation, Emotional Distress
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J. Benavides finds that the trial court properly denied a man’s motion to dismiss his Texas Citizens Participation Act claims brought by a woman under the Texas Election Code. The parties dispute whether TCPA applies in the woman’s challenged claims. “To be entitled to damages, the plaintiff must also demonstrate that the contribution or expenditure was made in opposition to the plaintiff’s candidacy or in support of the defendant’s candidacy.” The woman demonstrated a prima facie case with clear evidence of her financial records. As for the man’s constitutionally contentions they are overruled because the trial court has not considered the challenge.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 18, 2024, Case #: 13-23-00091-CV, Categories: Anti-slapp, Elections
J. Benavides finds that the lower court properly denied the appellant's plea to the jurisdiction in this premises liability action stemming from an alleged trip and fall on a sidewalk at the appellant's arena. The appellant fails to establish that the sidewalk was not unreasonably dangerous, specifically as to the "access point to a sewage overflow connection." Also, there is an issue of fact as to whether the litigant was "an invitee" when she allegedly tripped and fell. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 11, 2024, Case #: 13-23-00163-CV, Categories: Tort, Jurisdiction
J. Benavides finds that the lower court properly granted summary judgment to the independent executrix of the sister's estate based on the affirmative defense of limitations, in this lawsuit alleging that the sister had breached her fiduciary duty to the appellant. The appellant argues that the summary judgment ruling was inappropriate based on the discovery rule and the fraudulent-concealment doctrine. However, he was not "entitled to the benefit of the discovery rule," and the fraudulent-concealment doctrine is inapplicable. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: January 4, 2024, Case #: 13-22-00576-CV, Categories: Fraud, Wills / Probate, Fiduciary Duty
J. Benavides finds that the lower court improperly denied the university's plea to the jurisdiction in this lawsuit brought by a former employee alleging racial discrimination and retaliation. The former employee failed to sufficiently plead his claim for racial discrimination, but he also should have been given a chance to amend his petition. Accordingly, that claim will be remanded. He also failed to state a "viable retaliation claim," and his civil conspiracy claim "cannot be saved." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-23-00062-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
J. Benavides finds that the lower court improperly entered an amended default judgment awarding appellate attorney fees to the appellees after it lost plenary power in this breach of contract case. Accordingly, that ruling should be vacated. Additionally, substitute service should not have been granted as to the individual appellant. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: November 9, 2023, Case #: 13-22-00115-CV, Categories: Civil Procedure
J. Benavides conditionally grants the relators' petition for a writ of mandamus, in which they challenge the second death penalty sanctions issued against them in the underlying personal injury case. The court previously granted mandamus relief regarding the first sanction order. It now notes that the "second death penalty sanction fails to comport with our directives and is not supported by the governing law."
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 16, 2023, Case #: 13-22-00389-CV, Categories: Civil Procedure, Sanctions
J. Benavides conditionally grants in part the relators' petition for a writ of mandamus, in which they challenge certain rulings in the underlying negligence case to grant a protective order and to quash their discovery requests. The lower court abused its discretion as it relates to certain "school and day care records," as well as certain counseling records. Additionally, there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 12, 2023, Case #: 13-23-00354-CV, Categories: Civil Procedure, Negligence, Discovery
J. Benavides finds that the lower court improperly modified the pro se appellant's child support obligation and confirmed arrearages. Specifically, the lower court abused its discretion by not facilitating his participation in the proceedings, since he was in prison at the time and sought to participate "by some viable manner." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: August 31, 2023, Case #: 13-22-00430-CV, Categories: Civil Procedure, Family Law
J. Benavides finds that the lower court improperly denied the city's plea to the jurisdiction in this lawsuit concerning "property damage from stormwater runoff." The property owners' claims do not establish a waiver of the city's immunity, as the alleged property damage did not arise from "the operation or use of a motor-driven vehicle or motor-driven equipment." Reversed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: August 17, 2023, Case #: 13-22-00528-CV, Categories: Tort, Immunity, Jurisdiction
J. Benavides finds that the lower court properly terminated the mother's parental rights to the child. On appeal, the mother challenges the evidence supporting the lower court's best-interest finding. However, she "executed an affidavit of voluntary relinquishment," meaning her arguments on appeal must be limited to issues involving "fraud, duress, or coercion in the execution of the affidavit." Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 27, 2023, Case #: 13-23-00139-CV, Categories: Civil Procedure, Family Law
J. Benavides finds that the lower court properly granted summary judgment in favor of AutoZone in this lawsuit alleging negligent undertaking and gross negligence against the auto parts store. An employee allegedly said that a certain vehicle was "fine to drive" with the check-engine light on, but the vehicle subsequently stalled in traffic and the driver of the vehicle was killed when she was allegedly struck by another motorist. The evidence does not establish, however, that the store's alleged negligence was the cause-in-fact of her death. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 20, 2023, Case #: 13-22-00241-CV, Categories: Vehicle, Negligence, Wrongful Death
J. Benavides finds that the lower court properly terminated the parental rights of the mother and the father to the child. Contrary to their argument on appeal, the lower court had jurisdiction in the case, as it extended the mandatory dismissal deadline. Additionally, the evidence sufficiently supports the best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 6, 2023, Case #: 13-23-00032-CV, Categories: Civil Procedure, Family Law
J. Benavides finds that the lower court improperly rendered summary judgment in favor of the appellee tax loan company in this suit concerning certain delinquent tax liens. The amount awarded to the company was not supported by the evidence. Summary judgment was proper, however, as to the city and the county. Reversed in part.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: July 6, 2023, Case #: 13-22-00078-CV, Categories: Real Estate, Tax
J. Benavides conditionally grants the relator company's petition for a writ of mandamus, in which it challenges an order granting a motion for new trial in the underlying contract case involving the sale of a tank barge. The reasons given for the new trial order were "not supported by the law and the record." Accordingly, the relator is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: May 19, 2023, Case #: 13-22-00377-CV, Categories: Civil Procedure, Warranty, Contract