6 results for 'judge:"Bland"'.
J. Bland finds that the court of appeals improperly dismissed the property manager’s appeal of the trial court’s decision ordering it to convey its property to the maritime refueling services facility according to a purchase option in the parties’ contract. The trial court’s order amounted to a temporary injunction, which the manager had the right to appeal.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 10, 2024, Case #: 23-0078, Categories: Civil Procedure, Property, Enforcement Of Judgments
J. Bland finds that the court of appeals improperly ruled in favor of homeowners who sued a contracting firm alleging that their work on a pipeline caused damages to their property. A jury ruled in favor of the homeowners, but two of the jurors did not join in the verdict. The contracting firm argues that because the verdict was not unanimous, the homeowners are not entitled to collect the damages. It was the homeowners' burden to secure and show that the verdict was unanimous; because that failed to happen, they cannot recover the split verdict on exemplary damages. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0889, Categories: Civil Procedure, Jury, Damages
J. Bland finds that the court of appeals improperly ruled in favor of a couple's estate in a Medicaid dispute arising out of the denial of assistance from the Texas Health and Human Services Commission. The couple argues that despite their living in an assisted living facility, their shared financial interest in real property should add to their resources. The court of appeals accepted their argument and upheld a reversal of the commission's denial. For the property to be included in the couple's resources, they would need to live in the home, as is required under federal law. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 3, 2024, Case #: 22-0437, Categories: Government, Medicaid, Property
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. 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
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. Bland finds that a lending company that claims a Dallas law firm's bungled filing cost it $1.2 million has a viable legal malpractice case, rejecting the firm's reliance on a state law that protects First Amendment rights. The lending company has overcome the law firm's anti-SLAPP defense, at least in this initial stage of the case, by providing evidence for each essential element of its legal malpractice claim. The lending company has also linked the firm's conduct to a monetary injury. Reversed.
Court: Texas Supreme Court, Judge: Bland, Filed On: May 19, 2023, Case #: 21-0437 , Categories: Anti-slapp, Evidence, Legal Malpractice