38 results for 'judge:"Hassan"'.
J. Hassan finds that the trial court's order of non-suit in a defamation case did not constitute a final judgment since it did not address the request for attorney fees and damages. Thus, the appellants' motion to modify was improperly denied, so the case is remanded. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 2, 2024, Case #: 14-23-00171-CV, Categories: Civil Procedure, Defamation
J. Hassan finds that the trial court properly ruled against the majority shareholder of a corporation on third party claims against accounting firm parties stemming from a dispute with a partner in a hotel business. The shareholder failed to give evidence that the firm owed a fiduciary duty or that there was an alleged breach of any duty to him. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 25, 2024, Case #: 14-22-00769-CV, Categories: Corporations, Fiduciary Duty
J. Hassan finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's temporary managing conservator. The mother's argument that res judicata barred the department's second petition in intervention is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 9, 2024, Case #: 14-23-00813-CV, Categories: Civil Procedure, Family Law
J. Hassan reverses the trial court's final judgment that awarded $3.8 million to an oil and gas worker who was injured by pressurized fluid that "unexpectedly shot out of the end of a hose he was carrying" when another worker negligently opened a valve. The defendant company's request for a jury question regarding the borrowed employee doctrine was incorrectly denied since it was a "controlling factual issue" relating to liability. A new trial is warranted for all claims and parties. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 21, 2024, Case #: 14-22-00473-CV, Categories: Employment, Jury, Damages
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J. Hassan finds that the trial court properly ruled in favor of the auto body shop owner in a dispute with an engine servicer over its failure to return his vehicles. The evidence was sufficient to support the jury's damages assessment as to the vehicles and its finding that the engine servicer violated the Deceptive Trade Practices Act. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: March 5, 2024, Case #: 14-23-00239-CV, Categories: Vehicle, Contract
J. Hassan finds that the trial court properly ruled in favor of the state agencies in a deer breeder's suit challenging their actions in attempting to halt the spread of chronic wasting disease in white-tailed deer. The breeder is not entitled to mandamus relief since its argument does not show the agency's executive director "failed to perform a ministerial act." Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: January 18, 2024, Case #: 14-23-00242-CV, Categories: Administrative Law, Agriculture, Jurisdiction
J. Hassan finds that the trial court improperly overturned the suspension of an individual's driver's license stemming from his arrest for DWI. The driver did not show his "substantial rights were prejudiced" when the administrative law judge erroneously held a hearing via Zoom videoconference instead of having an in-person hearing without the parties' consent. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: January 11, 2024, Case #: 14-22-00757-CV, Categories: Administrative Law, Vehicle, Agency
J. Hassan finds that the mother's parental rights to her daughter were properly terminated based on sufficient evidence to support the endangerment and best interest findings. The mother has a "lengthy history of substance abuse" and exposed the child to "instability and uncertainty" through her actions. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 28, 2023, Case #: 14-23-00498-CV, Categories: Evidence, Family Law
J. Hassan finds that the trial court properly dismissed defendant's charge for felony assault of a public servant. The prosecutor had promised not to refile the charge if defendant pled guilty to misdemeanor DWI charges, so defendant's motion for specific performance was correctly granted despite the fact those charges were dismissed before she had the opportunity to plead guilty. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 14, 2023, Case #: 14-20-00496-CR, Categories: Assault, Plea, Contract
J. Hassan finds that the trial court properly ruled in favor of the county in a property owner's bill of review petition that sought to set aside a final judgment for delinquent taxes. The owner failed to challenge the issue of mootness raised in the county's plea to the jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: December 12, 2023, Case #: 14-23-00008-CV, Categories: Property, Tax, Jurisdiction
J. Hassan finds that the trial court properly ruled in favor of the couple who sued a Korean language newspaper for defamation. The defamation claims were not barred by the statute of limitations, and the evidence was sufficient to support the jury's verdict. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: October 5, 2023, Case #: 14-21-00636-CV, Categories: Anti-slapp, Defamation
J. Hassan finds that the trial court improperly denied the university's plea to the jurisdiction in an employment retaliation suit brought by a former business administrator who alleged she was fired for complaining of race-based discrimination. The former employee did not show that the university's given reasons for terminating her were false and pretextual or that her protected activity led to her firing. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 31, 2023, Case #: 14-22-00453-CV, Categories: Employment, Immunity, Employment Retaliation
J. Hassan finds that the trial court improperly granted summary judgment on the claim that a couple's manufactured home violated the subdivision's deed restrictions. The evidence creates fact issues as to whether the couple's home meets the requirement to be of "new construction" and does not violate the ban on "moved in houses." Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 24, 2023, Case #: 14-22-00842-CV, Categories: Civil Procedure, Property, Real Estate
J. Hassan finds that the trial court properly terminated the mother's parental rights to her child. The evidence of the mother's substance abuse issues, criminal history and "duplicitous behavior" was sufficient to support the endangering conduct finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: August 17, 2023, Case #: 14-23-00139-CV, Categories: Evidence, Family Law