6 results for 'judge:"Busby"'.
J. Busby grants an ATV dealer's petition for mandamus relief in a mental anguish case brought by a minor who claims the dealer's negligence in selling a vehicle with recalled parts led to her physical and psychological injuries after it rolled over, killing her brother. The court of appeals granted the minor's motion to quash the dealer's attempt to review her psychological treatment records, holding that an exception under the Texas Rules of Evidence had not been triggered to allow the release of the documents. However, because the minor's mental state is a part of her claims and the dealer's defense, the exception to the rules of evidence is triggered, thus making the records discoverable.
Court: Texas Supreme Court, Judge: Busby, Filed On: May 13, 2024, Case #: 22-1167, Categories: Evidence, Emotional Distress, Discovery
J. Busby finds that the court of appeals improperly ruled against San Jacinto River Authority, dismissing its claims against municipalities for failing to pay dues under water contracts. The court of appeals dismissed the river authority's claims against the municipalities, finding they had governmental immunity. While the municipalities cannot be forced to mediate the case as asserted by the river authority, the water contracts do waive their governmental immunity. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: April 12, 2024, Case #: 22-0649, Categories: Government, Water, Immunity
J. Busby finds that severing claims disposed of on partial summary judgment into a new action renders the judgment final even though other claims remain pending in the original action. The severed action became final when the severance order was signed. The court of appeals improperly found that it lacked jurisdiction to hear the losing party's appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: February 23, 2024, Case #: 22-0459, Categories: Civil Procedure, Jurisdiction, Contract
J. Busby finds that the court of appeals improperly ruled in favor of a daughter in her lawsuit against an assisted living facility where her mother, a resident of the facility, sustained injuries that subsequently led to her death. The claims brought by the daughter fall under the Texas Medical Liability Act, a statute that requires an expert report to be filed with the court. The daughter's claims should have been dismissed because she failed to provide the report. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 30, 2023, Case #: 21-0470, Categories: Health Care, Experts
J. Busby finds the court of appeals improperly ruled in favor of a mother whose parental rights were terminated by the trial court after that court extended the deadline to hold a jury trial. The court of appeals reversed the trial court’s order, finding that because the court failed to expressly note that the extension was due to extraordinary circumstances the mother is entitled to a dismissal of the case. On petition for review, the Texas Department of Family and Protective Services argues that the trial court was not required to expressly note the reason for the extension. While the Family Code requires the court to identify that an extension is needed in light of extraordinary circumstances, the mother failed to object and raise issues with the trial court's mistake. She, therefore, failed to preserve the right to raise the issue on appeal. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 16, 2023, Case #: 22-0420, Categories: Civil Procedure, Jury, Guardianship
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J. Busby finds the court of appeals improperly ruled against a mother in a divorce decree that gave her former husband the ability to select the residence of their teenage daughter. The mother abandoned a jury trial in order to have her daughter interviewed as to which parent she would like to select her place of residence. The trial court failed to conduct the interview, giving the father the ability to choose the place of residence for all of the couple's children. In its failure to interview the daughter, the trial court violated requirements under the Family Code and harmed the mother. Reversed.
Court: Texas Supreme Court, Judge: Busby, Filed On: June 9, 2023, Case #: 22-0419, Categories: Family Law