35 results for 'judge:"Bourliot"'.
J. Bourliot finds that the trial court properly ruled in favor of the individual on claims of breach of a partnership agreement against her former partners relating to a venture to sell personal protective equipment during the Covid-19 pandemic. The former partners' arguments regarding the breach of the partnership agreement claim lack merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: May 2, 2024, Case #: 14-21-00558-CV, Categories: Partnerships, Covid-19, Contract
J. Bourliot finds that the trial court erred in revoking defendant's community supervision on an assault charge for failure to pay monthly supervision fees. The state failed to prove defendant's ability to pay the fees as required when it was the sole ground in support of revocation. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 28, 2024, Case #: 14-22-00631-CR, Categories: Criminal Procedure, Assault
J. Bourliot finds that the trial court properly ruled in favor of the decedent's son in a dispute with his brother and sister-in-law over ownership of a beach property that the son later sold to a rental company. The evidence supports the son's unclean hands defense regarding the "serious harm" caused by the conduct of the brother and sister-in-law relating to the beach house project. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: March 5, 2024, Case #: 14-22-00549-CV, Categories: Civil Procedure, Property
J. Bourliot finds that the trial court improperly denied Galveston County's plea to the jurisdiction in a case stemming from the firing of a sheriff's officer for his "off-duty, racially-motivated assault of another employee" after he consumed alcohol at a memorial event for the Santa Fe High School mass shooting. The officer did not timely file his administrative complaint within the 180-day limitations period. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: February 13, 2024, Case #: 14-23-00109-CV, Categories: Civil Procedure, Employment, Jurisdiction
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J. Bourliot finds that the trial court properly denied the healthcare parties' motion to dismiss a patient's medical malpractice suit over an alleged unnecessary surgery by a podiatrist to address her bunion. The patient's amended expert report was sufficient to meet statutory requirements as to applicable standards of care, the doctor's alleged breaches and the cause of the patient's injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: January 25, 2024, Case #: 14-22-00874-CV, Categories: Negligence, Experts, Medical Malpractice
J. Bourliot finds that the trial court properly terminated the mother's parental rights to her minor daughters. The evidence was sufficient to support the endangerment and best interest findings. The mother's use of illegal drugs, failure to complete services and relationship with a person under arrest for domestic violence against her shows endangerment. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: November 2, 2023, Case #: 14-23-00343-CV, Categories: Evidence, Family Law
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: Civil Procedure, Insurance, Property
J. Bourliot finds that the trial court properly modified a 2018 order and made the father sole managing conservator of the children with the right to designate their primary residence. The mother's jurisdictional argument lacks merit, and the evidence showed that removing her as joint managing conservator was in the children's best interest. The mother falsely alleged that the father sexually abused the children, and she previously abducted the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 10, 2023, Case #: 14-22-00853-CV, Categories: Evidence, Family Law
J. Bourliot finds that defendant was improperly convicted of aggravated assault of a security officer by threat and given a 45-year sentence. The evidence did not support the finding that the shooting victim was a security officer as defined by the relevant statute, and the jury charge was "riddled with errors." The judgment is reformed to show a conviction for the lesser-included offense of aggravated assault by threat and the case remanded for a new sentencing hearing. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 10, 2023, Case #: 14-22-00135-CR, Categories: Evidence, Jury, Assault
J. Bourliot finds that the trial court properly ruled in favor of the pastor in a case involving a dispute with his former church over the alleged conversion of insurance proceeds. The church's attorney lacked authority to represent it in the suit against the pastor since "the interests of the factions within the church are adverse." Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 29, 2023, Case #: 14-22-00028-CV, Categories: Civil Procedure, Tort, Jurisdiction
J. Bourliot finds that the trial court properly ruled in favor of the individual who accused two business partners of breaching an agreement in a venture to sell Covid-19 related personal protective equipment. The evidence was sufficient to support the individual's recovery on her fraud claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 15, 2023, Case #: 14-21-00558-CV, Categories: Fraud, Partnerships, Contract
J. Bourliot finds that the trial court properly denied the individual's motion to dismiss a former employee's counterclaims based on the Texas Citizens Participation Act. The TCPA did not apply since the individual's alleged racially discriminatory statements do not relate to a "matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-20-00745-CV, Categories: Anti-slapp
J. Bourliot finds that the trial court improperly granted no-evidence summary judgment in favor of the mother in a suit to modify the parent-child relationship. The father gave evidence indicating a "material and substantial change in circumstances" for the child since the 2018 mediated settlement agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-21-00593-CV, Categories: Evidence, Family Law, Settlements
J. Bourliot finds that the trial court properly denied the language services provider's motion to compel arbitration of a dispute with its former employee over a competing business venture. The arbitration agreement is "illusory" and unenforceable since it is not mutually binding on the parties. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-22-00021-CV, Categories: Arbitration, Contract
J. Bourliot finds that the trial court properly dismissed the client's legal malpractice suit against the attorney because the complained of conduct is within the scope of the Texas Citizens Participation Act. The claims relate to a communication by the attorney "in or pertaining to a judicial proceeding." Also, the claims are time-barred. Affirmed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-22-00305-CV, Categories: Anti-slapp, Negligence, Legal Malpractice