20 results for 'judge:"Doss"'.
J. Doss finds that the lower court properly terminated the mother's parental rights to the child. The mother argues that her constitutional rights were violated when certain drug test results were admitted via a business record affidavit "without a sponsoring expert witness." However, the Sixth Amendment right to confrontation pertains to criminal prosecutions, and the mother's termination case is civil in nature. Additionally the exhibits are cumulative of other evidence regarding her alleged drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: April 2, 2024, Case #: 07-23-00386-CV, Categories: Constitution, Evidence, Family Law
J. Doss finds that the lower court properly terminated the mother's parental rights to her daughter. The evidence sufficiently supports the lower court's best interest finding. The record indicates a history of drug use by the mother. Also, the child "struggles with adjustment after spending time with Mother," and the evidence shows the child is doing well with her foster family. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 7, 2024, Case #: 07-23-00417-CV, Categories: Evidence, Family Law
J. Doss finds in this interlocutory appeal that the lower court properly denied the appellant construction company's summary judgment motions and overruled its objections to the driver's summary judgment evidence in this personal injury suit involving a vehicle accident on a bridge. The company "did not prove each element of its affirmative defense with conclusive evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00258-CV, Categories: Civil Procedure, Negligence
J. Doss finds that the lower court properly awarded physical impairment damages in this lawsuit involving a car accident. Contrary to the appellant's argument, the evidence sufficiently supports the award, and the jury had "great discretion for how to allocate damages." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 4, 2024, Case #: 07-23-00114-CV, Categories: Evidence, Tort, Damages
J. Doss finds that the lower court properly ruled the appellant to be a vexatious litigant. There was no abuse of discretion, as the evidence shows that she was attempting to "relitigate the validity of the determination against her." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: March 1, 2024, Case #: 07-23-00216-CV, Categories: Civil Procedure
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J. Doss finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's best interest finding. The record indicates unstable employment and "struggles with alcohol abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 28, 2024, Case #: 07-23-00373-CV, Categories: Civil Procedure, Family Law
J. Doss finds that the lower court properly committed the appellant to the custody of the Texas Juvenile Justice Department and overruled his motion for new trial by operation of law, after a jury found he engaged in delinquent conduct. Contrary to the juvenile's argument on appeal, there was sufficient corroboration of the accomplice testimony. Additionally, any error in limiting the appellant's cross-examination of the alleged accomplice was harmless. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 27, 2024, Case #: 07-23-00149-CV, Categories: Civil Procedure, Juvenile Law
J. Doss finds in this restricted appeal that the lower court improperly entered a default judgment against the appellant company in this suit on a sworn account. The record shows that the appellant "was not served in strict compliance" with the rules. Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 9, 2024, Case #: 07-23-00389-CV, Categories: Civil Procedure, Contract
J. Doss finds that the lower court improperly entered a take-nothing judgment in favor of the appellees in this breach of contract lawsuit concerning a foreclosure sale held at a county courthouse. The court concludes that an issue of fact regarding the time to tender payment "precludes disposition as a matter of law" and that the matter should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: February 2, 2024, Case #: 07-23-00064-CV, Categories: Civil Procedure, Real Estate
J. Doss finds that the lower court properly terminated the parental rights of the mother based on evidence that sufficiently supports the best interest finding. The record indicates that the child was "thriving" in his placement with the maternal great-aunt. Also, the mother was incarcerated as a result of a drug charge and failed to demonstrate that she had stable employment. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 31, 2023, Case #: 07-23-00205-CV, Categories: Evidence, Family Law
J. Doss finds that the lower court properly rendered a divorce decree, in which the father was designated as the parent with the right "to designate the primary residence of the parties' son." Contrary to the mother's argument on appeal, there was no abuse of discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 17, 2023, Case #: 07-23-00034-CV, Categories: Civil Procedure, Family Law
J. Doss finds that the lower court properly rendered judgment finding that the city violated the Texas Open Meetings Act in this declaratory judgment action concerning the financing of a civic center project. The city's notice regarding a certain ordinance "failed to give the reader adequate notice of the action the City sought to take." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 16, 2023, Case #: 07-22-00341-CV, Categories: Municipal Law, Public Record
J. Doss finds that the lower court properly determined that the pro se appellant is a "vexatious litigant" and required payment of a security in order to proceed. The record indicates that in the prior seven years, he had "commenced, prosecuted, or maintained five or more litigations which were finally determined adversely to him." He also failed to preserve his constitutionality argument for appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: August 7, 2023, Case #: 07-23-00146-CV, Categories: Civil Procedure, Constitution, Defamation
J. Doss finds that the lower court properly entered a take-nothing summary judgment in favor of the owners of an all-terrain vehicle in this lawsuit arising from a fatal accident involving the ATV. The accident occurred while the vehicle was being used on a fishing trip that was "unrelated to ranch business." Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: July 12, 2023, Case #: 07-20-00283-CV, Categories: Vehicle, Negligence, Wrongful Death
[Consolidated.] J. Doss finds that the lower court properly terminated the parental rights of the mother and the father to two children. The mother's appointed counsel has indicated that her appeal is without merit. The father challenges the evidence on appeal, but the evidence sufficiently supports the lower court's findings. Specifically, there was evidence of domestic violence and illegal drug use. Affirmed.
Court: Texas Courts of Appeals, Judge: Doss, Filed On: June 7, 2023, Case #: 07-22-00376-CV, Categories: Evidence, Family Law