8 results for 'judge:"Farris"'.
J. Farris finds that the trial court improperly awarded Preston Hollow more than $52 million in damages and pre-judgment interest for its breach of contract claim alleging that Senior Care defaulted on promissory notes related to the construction of an assisted living facility. A notice sent to Senior Care did not give clear, unequivocal notice that the debt would be automatically accelerated if it did not cure the alleged defaults. A new trial is necessary on this claim.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 14, 2024, Case #: 01-21-00602-CV, Categories: Damages, Contract
J. Farris finds that the trial court must vacate its order setting aside the jury verdict and granting a new trial in divorce proceedings. The order did not provide the litigants with a reasonable and specific explanation for setting aside the verdict. However, because the basis of the trial court's order setting aside the verdict is unclear at this point, the ex-wife is not entitled to her request to direct the trial court to enter a judgment on the jury's findings.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: May 9, 2024, Case #: 01-23-00309-CV, Categories: Family Law
J. Farris finds the lower court improperly denied a city’s motion to dismiss an employee’s claims of race discrimination and hostile work environment, but properly denied dismissal for her retaliation claim. An employee filed suit claiming she was discriminated against at work based on her race and was subjected to a hostile work environment, but the evidence is insufficient to support her claims. The lower court properly dismissed the City’s motion regarding the employee's retaliation claim as the City failed to state why it should be dismissed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00676-CV, Categories: Government, Employment Discrimination, Employment Retaliation
J. Farris finds the lower court improperly found a company had the right to take possession of an apartment from a tenant. The tenant had an apartment lease with PAC Vineyards, and PAC Vineyards filed for eviction based on alleged lease violations and harassment of other tenants. The company later amended the petition for eviction holding itself as PAC Vineyards’ successor-in-interest. While the company has standing to sue, evidence is insufficient to establish that the company had superior right to immediate possession of the apartment, as the lease was between the tenant and PAC Vineyards, and the company failed to prove it owned the apartment or had a lease with the tenant. The instant court awards possession of the apartment to the tenant. Reversed.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: October 31, 2023, Case #: 01-22-00520-CV, Categories: Landlord Tenant, Real Estate, Contract
J. Farris finds the lower court properly granted divorce to a wife, but improperly divided the marital assets. The husband did not answer or appear in the divorce proceedings, and the lower court granted divorce to the wife on grounds that the marriage was insupportable. But the lower court based its division of the marital assets on the wife’s inventory, but that inventory was never entered into evidence. Evidence is insufficient to support the lower court’s division of marital property, and the matter is remanded for further proceedings. Reversed in part.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: August 29, 2023, Case #: 01-22-00550-CV, Categories: Family Law
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J. Farris finds an Administrative Law Judge (ALJ) properly denied a cleaner’s claim for workers’ compensation benefits. While the ALJ did determine that the cleaner sustained an injury while working as a cleaner for an electric company, it was not a compensable injury and she was working as a contractor, not an employee of the company. Additionally, the cleaner untimely filed her notice of judicial review, missing the deadline by approximately three months. Affirmed.
Court: Texas Courts of Appeals, Judge: Farris, Filed On: August 29, 2023, Case #: 01-22-00761-CV , Categories: Insurance, Workers' Compensation