43 results for 'judge:"Byrne"'.
J. Byrne finds that the trial court properly ruled against a father in a divorce case. The father challenges the court's decision to give the mother the right to choose the children's place of residence, alleging that past instances where the children were injured in the mother's care placed them at risk. The mother's testimony and evidentiary record refute the father's claims. Having failed to show that being placed with their mother would not be in the children's best interest, the trial court correctly ruled against the father. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-22-00290-CV, Categories: Family Law
J. Byrne finds that the trial court properly ruled against a truck driver who collided with a vehicle that was disabled on the shoulder of the highway. The truck driver sued the other driver and his employer, alleging negligence due to his failure to place reflective cones behind his disabled vehicle. Despite the truck driver's arguments to the contrary, the exclusion of the on-scene trooper's testimony did not lead to an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 25, 2024, Case #: 03-23-00266-CV, Categories: Tort, Vehicle
J. Byrne finds the state presented sufficient evidence to disprove defendant's theory of self-defense and convict him of assault and attempted murder, including testimony from various witnesses who heard him say he would "shoot it out" with police to avoid going back to prison, as well as the 28-mile car chase that ensued before defendant barricaded himself inside his vehicle and shot police officers and their canine unit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: April 8, 2024, Case #: 2024-Ohio-1315, Categories: Evidence, Assault, Self Defense
J. Byrne finds the trial court properly ruled in favor of the city of Austin in an employment case filed by a former Austin police officer, who sued the city in both state and federal court for employment discrimination and retaliation. Because the officer filed his claims in federal court before then filing them in state court, the city showed that the claims are covered by the theory of res judicata and should be dismissed. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: April 4, 2024, Case #: 03-22-00235-CV, Categories: Civil Procedure, Employment, Government
J. Byrne finds that the trial court improperly ruled against a public charter school, denying its plea to the jurisdiction in a breach of contract case filed by a law firm accusing the school of failing to pay for legal services. The law firm failed to show that the contract was ratified by the school board, thus establishing a waiver of immunity. Because such a waiver has not been established, the school's jurisdictional plea should have been granted and the law firm's claims dismissed. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: March 29, 2024, Case #: 03-22-00200-CV, Categories: Government, Immunity, Contract
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J. Byrne finds that the trial court improperly ruled against the Texas State Library and Archives Commission in a case arising from its attempts to recover historical documents from the possessor of archives allegedly removed unlawfully. None of the claims raised by the possessor waive the commission's sovereign authority as a governmental body; therefore, all of her claims should be dismissed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: March 22, 2024, Case #: 03-22-00276-CV, Categories: Government, Immunity
J. Byrne finds that the trial court properly ruled to dismiss a family’s claims in a damages case it filed against several companies that operated a well-lease that failed and affected the family’s cattle ranch. The family has failed to present any evidence that would suggest some of the companies can be forced to pay for damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 29, 2024, Case #: 03-22-00063-CV, Categories: Evidence, Property, Damages
J. Byrne finds that the trial court properly and improperly ruled against a woman who sued her boss and his company for damages after her car was struck by a car driven by the employer. The evidence supports the notion that her boss was still acting in his professional capacity when the collision occurred, thus making the company party to the suit. However, the evidence did not support the woman’s direct negligence claims against the company and the court properly ruled to dismiss them. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: February 16, 2024, Case #: 03-22-00736-CV, Categories: Tort, Negligence
J. Byrne finds that the trial court properly ruled to appoint the relatives of three children as their managing conservators and appoint the children's parents as possessory conservators. The evidence supports the jury's decision that appointing the parents as managing conservators would harm the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: January 11, 2024, Case #: 03-23-00432-CV, Categories: Family Law, Guardianship
J. Byrne finds that the trial court improperly ruled to dismiss a businessman's breach of fiduciary duty claims against business partners for lack of personal jurisdiction. The determination that the claims be made in a Canadian court was improper and the trial court should have honored the businessman's wishes to litigate the case in the state in which his business resides. Reversed.
Court: Texas Courts of Appeals, Judge: J. Byrne, Filed On: January 5, 2024, Case #: 03-22-00093-CV, Categories: Fiduciary Duty, Jurisdiction, Venue
J. Byrne finds the district court properly ruled against an energy company that sued the Texas Comptroller to obtain a refund of franchise taxes it paid under protest. The company argues that a rule promulgated by the comptroller improperly calculated the taxes it owed and was invalid. When reviewed in conjunction with the relevant statutes, the comptroller’s rule was properly formulated and is supported by constitutional authority. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: December 21, 2023, Case #: 03-21-00669-CV, Categories: Constitution, Government, Tax
J. Byrne finds the trial court properly determined the husband made a profit of more than $50,000 on his rental business and added that figure to his total income when it calculated child support payments. He failed to provide any documentation regarding his estimate of expenses, which would have reduced the profit to zero. Meanwhile, the husband's contentious attitude toward the wife and her attorneys, which included superfluous motions and attempts to draw out the hearings on child support payments, supported the award of attorney fees to the wife. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: December 11, 2023, Case #: 2023-Ohio-4469, Categories: Family Law, Attorney Fees
J. Byrne finds the trial court properly ruled against the former employee accusing her former employer of firing her because she was pregnant. The employee argues that the trial court improperly overruled her objection to defense counsel's closing argument stating that the employee could have called her co-workers to come in and testify on her behalf. When viewed in the context of the whole case, defense counsel’s statement did not harm the employee’s case. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: November 29, 2023, Case #: 03-23-00227-CV, Categories: Employment Discrimination
J. Byrne finds the trial court properly admitted evidence regarding defendant's background in mixed martial arts training because the testimony did not constitute other acts evidence that would have prejudiced the jury or prove he was more likely to commit the assault with which he was charged. Meanwhile, the jury's decision to reject defendant's theory of self-defense was not unreasonable because the victim denied owning a knife or using one to attack him, while defendant's story changed repeatedly throughout the case and was not supported by any of the physical evidence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 20, 2023, Case #: 2023-Ohio-4170, Categories: Evidence, Assault, Self Defense
J. Byrne finds that the district court properly ruled to expunge a citizen's record of being arrested for possession of marijuana. The possession of marijuana charge did not result in a final conviction. Because the limitations period has run out on the offense, it can be concluded that the citizen satisfied the expunction statute and is entitled to having the offense removed from their record. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: November 16, 2023, Case #: 03-21-00577-CV, Categories: Civil Procedure, Government
J. Byrne finds the trial court properly denied the mother's request to present rebuttal witnesses during the custody hearing because it was able to consider the bulk of the testimony through her attorney's filings, while her key witness had already testified earlier in the case. Meanwhile, the court's decision to remove the child from the mother and grant custody to the father was not against the weight of the evidence. Testimony proved he was happy with his father, while none of the mother's allegations of abuse were substantiated and had actually been shown to be the result of coaching on her part. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 13, 2023, Case #: 2023-Ohio-4081, Categories: Evidence, Family Law
J. Byrne finds the failure by defendant's attorney to make an insanity defense during his community control revocation hearing did not constitute ineffective assistance of counsel. Not only was there no evidence defendant was legally insane at the time he misused prescription drugs, he also fully admitted to the control violation and accepted responsibility for his actions. Meanwhile, the trial court's proper consideration of all required factors, including recidivism and the seriousness of defendant's initial assault offense, allowed for the imposition of an indefinite sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 6, 2023, Case #: 2023-Ohio-4022, Categories: Ineffective Assistance, Sentencing, Assault
J. Byrne finds the court of appeals properly ruled against an investor who sued the members of a company, claiming he was also a member who had a stake in real estate it had purchased. Looking at the plain language of the agreement establishing membership to the company, the investor was required to make capital contributions. Because those contributions were never made, he cannot be considered a member under the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 20, 2023, Case #: 03-21-00513-CV, Categories: Corporations, Business Practices, Contract
J. Byrne finds that the trial court properly ruled against the application of a will to establish a woman, who had a long-term live-in relationship with the decedent, as the decedent’s heir. The decedent's cousin objected to the handwritten will, and the trial court denied its application, finding it did not meet the state estates code requirements. The will lacks essential elements for it to be eligible as an enforceable document. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 12, 2023, Case #: 03-22-00718-CV, Categories: Wills / Probate
J. Byrne finds the trial court properly ruled to appoint the paternal grandmother of a child as the managing conservator, ruling against the child’s father to appoint him as conservator. There exists both legally and factually sufficient evidence to support the conclusion that the father was not meeting his child’s physical and emotional needs. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: October 12, 2023, Case #: 03-23-00117-CV, Categories: Family Law, Guardianship
[Consolidated.] J. Byrne finds the trial court properly ruled to terminate a mother's and father's parental rights to their children. The parents acted in a way that placed their children's physical and emotional well-being at risk. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: September 22, 2023, Case #: 03-23-00184-CV, Categories: Family Law
J. Byrne finds the lower court properly granted the landlord's motion for possession of the leased premises. The tenant's continued sale of cell phones even after it received two cease-and-desist letters to stop its competition with fellow tenant Verizon Wireless constituted a material breach of the parties' lease. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 11, 2023, Case #: 2023-Ohio-3198, Categories: Evidence, Landlord Tenant
J. Byrne finds the lower court properly granted permanent custody of the child to family services. The mother completely ignored her mental health problems and refused to rectify any of the issues that led to the initial removal, while the child has thrived with his foster family and has no bond with either of his parents. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 7, 2023, Case #: 2023-Ohio-3145, Categories: Evidence, Family Law
J. Byrne finds defendant was not deprived of a fair trial on a domestic violence charge. The interpreter used during the trial was properly credentialed, certified by the Ohio Supreme Court, and took a valid oath prior to providing translation services. Furthermore, the trial court did not violate defendant's confrontation rights when it limited his cross-examination of the victim, his ex-wife, because the limitation was imposed after defense counsel impermissibly attempted to ask questions about his daughter's state of mind during that assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: September 5, 2023, Case #: 2023-Ohio-3105, Categories: Confrontation, Fair Trial, Domestic Violence
J. Byrne finds that the trial court properly ruled in favor of the University of Texas at Austin in a lawsuit brought by a former employee who alleges various claims, including breach of contract and retaliation against a whistleblower. The employee failed to establish a waiver of the university’s sovereign immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 30, 2023, Case #: 03-22-00489-CV, Categories: Employment, Immunity
J. Byrne finds the trial court properly terminated the mother's parental rights. The evidence against the mother is sufficient because the disputed facts were not so great that the court could not have reached a decision on whether termination of rights was in the best interest of her children. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 11, 2023, Case #: 03-23-00139-CV, Categories: Family Law
J. Byrne finds that the trial court improperly ruled against a construction firm in a breach of contract case brought by a homeowner alleging that it improperly built a retaining wall on the property. The construction firm was not a party named in the contract signed by the homeowner; therefore, it cannot be held liable for the breach of contract claims. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-22-00457-CV, Categories: Property, Damages, Contract
J. Byrne denies the inmate's petition for mandamus relief, challenging the district court’s refusal to respond to motions he has filed. The inmate has not shown that he made his filings aware to the district court. Furthermore, the court of appeals lacks the jurisdictional authority to directly address the court’s failure to address his motions.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-23-00460-CV, Categories: Civil Procedure, Jurisdiction
J. Byrne upholds defendant's burglary conviction. While defendant had lived at the home of the victims for nearly two weeks leading up to the assault with hot oil, he had left the home and did not have a key; therefore, he could not establish residency there or that he had permission to be there on the day of the assault. However, the trial court erroneously failed to merge defendant's sentences, as the aggravated burglary and aggravated assault convictions stemmed from the same course of conduct and, therefore, were allied offenses. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: August 7, 2023, Case #: 2023-Ohio-2711, Categories: Burglary, Sentencing, Assault