20 results for 'judge:"Longoria"'.
J. Longoria finds that the lower court improperly denied the city's plea to the jurisdiction in this breach of contract lawsuit stemming from a concert held in the city. The city contends that the "evidence affirmatively negates jurisdiction," based on the verbal contracts alleged by the promoters. The court agrees that they do not establish a waiver of governmental immunity. Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-23-00120-CV, Categories: Immunity, Jurisdiction, Contract
J. Longoria finds that the lower court properly denied the doctor's dismissal motion in this health care liability lawsuit stemming from a procedure to remove a possible lipoma that allegedly resulted in an injury to the patient's liver. The doctor contends that the expert report is insufficient as to causation, but the court notes that the report "need not marshal all the plaintiff's proof necessary to establish causation at trial." Also, the expert sufficiently linked "his conclusions with the underlying facts." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00504-CV, Categories: Experts, Medical Malpractice
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, Family Law, Contract
J. Longoria finds that the lower court properly terminated the mother's parental rights to her child. The evidence sufficiently supports the lower court's findings. The mother tested positive for methamphetamine, failed to comply with her service plan and admitted to not knowing "how to fully care for her own children." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: March 28, 2024, Case #: 13-23-00583-CV, Categories: Evidence, Family Law
J. Longoria finds that the lower court properly denied the appellant's motion to dismiss the defamation claims against her pursuant to the Texas Citizens Participation Act. The Act applies, as the communications at issue, which include certain social media posts, are "a matter of public concern." However, the appellee adequately established a prima facie case for his claims, and the appellant fails to show that the statements were protected under the broadcaster privilege. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00146-CV, Categories: Civil Procedure, Defamation
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J. Longoria finds that the lower court properly entered an order of civil commitment against the appellant after a jury found him to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently establishes the "behavior abnormality" element required. Additionally, the court does not find the term "behavior abnormality" to be ambiguous, as he argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00439-CV, Categories: Civil Procedure, Evidence, Commitment
J. Longoria finds on remand from the Supreme Court of Texas that the lower court properly terminated the mother's parental rights to her daughter. Contrary to the mother's contention, the evidence sufficiently supports the endangerment findings under subsections (D) and (E), as well as the lower court's best interest finding. The evidence showed that the mother lacked an understanding of the child's "physical, emotional, and developmental needs." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 15, 2024, Case #: 13-23-00040-CV, Categories: Civil Procedure, Evidence, Family Law
J. Longoria finds that the lower court improperly granted nonsuit without prejudice on the wrongful injunction counterclaim. The dismissal should have been with prejudice, as the appellees effectively waived the counterclaim. Accordingly, the court renders judgment that they take nothing on the claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 8, 2024, Case #: 13-22-00096-CV, Categories: Energy, Contract, Injunction
J. Longoria finds that the lower court properly entered a divorce decree awarding possession of certain property to the appellee. The appellant contends that the lower court erred by failing to submit a jury question "related to the characterization of the property." But any error in failing to submit his requested question was harmless. Additionally, the lower court's charge was not an "impermissible comment on the weight of the evidence." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: January 4, 2024, Case #: 13-22-00262-CV, Categories: Evidence, Family Law, Property
J. Longoria finds that the lower court properly denied the appellant company's second amended special appearance in this lawsuit stemming from an automobile accident that allegedly arose from a fuel pump failure. The allegations are sufficient to bring the defendant company, which is a South Korean automobile parts manufacturer, "under the long-arm statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 30, 2023, Case #: 13-22-00176-CV, Categories: Vehicle, Product Liability, Jurisdiction
J. Longoria conditionally grants the doctor's petition for a writ of mandamus, in which he challenges the lower court's failure to rule on his summary judgment motion in the underlying health care liability action. Though courts have "broad discretion in how they conduct business," the lower court abused its discretion by failing to issue a ruling on the motion in a reasonable time. The relator doctor repeatedly requested a ruling, and the motion has been pending for over a year.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 17, 2023, Case #: 13-23-00460-CV, Categories: Civil Procedure, Health Care, Medical Malpractice
J. Longoria finds that the lower court properly dismissed the appellant's petition for bill of review for lack of prosecution. There was no abuse of discretion with the ruling, as the record shows a "period of inactivity" of over 27 months. Also, there was no error in the determination that the non-attorneys could not represent the appellant in court. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 16, 2023, Case #: 13-22-00199-CV, Categories: Civil Procedure
J. Longoria finds that the lower court properly entered a final judgment in this condemnation case, after the jury awarded $159,033 to the appellees. There was no error in the admission of certain expert testimony, and the evidence sufficiently supports the jury's verdict. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 16, 2023, Case #: 13-22-00070-CV, Categories: Real Estate, Damages
J. Longoria finds that the lower court properly terminated the mother's parental rights to her two children. The mother contends that the trial did not commence in a timely manner, alleging that the lower court engaged in a "false start" to avoid losing jurisdiction. However, the record indicates that preliminary motions were heard and a case worker was called to testify, before the parties agreed to recess. Also, the lower court did not abuse its discretion by holding a bench trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00145-CV, Categories: Civil Procedure, Family Law, Jurisdiction
J. Longoria finds that the lower court properly denied the father's petition seeking to modify a child support order. The father argued that he was entitled to modification as a result of "his reduced income." However, the lower court did not abuse its discretion when it implicitly found "no material and substantial change" in his circumstances. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00005-CV, Categories: Civil Procedure, Family Law
J. Longoria finds that the lower court improperly denied the plea to the jurisdiction filed by the Texas Department of Public Safety in this lawsuit stemming from a car collision allegedly involving a trooper. The lower court lacked jurisdiction, as the department "did not have actual notice that it was at fault in connection with the collision." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 10, 2023, Case #: 13-22-00052-CV, Categories: Tort, Negligence, Jurisdiction
J. Longoria finds that the lower court improperly ordered possession and child support in this divorce proceeding. The evidence "does not rebut the presumption that a standard possession order was proper." The possession order also "effectively denies" the father access to the children without showing that the restrictions were in the children's best interest. The child support determination also lacked evidence of the father's income. Reversed in part.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: July 27, 2023, Case #: 13-22-00060-CV, Categories: Evidence, Family Law
J. Longoria finds that the lower court improperly denied the appellants' motion to compel arbitration in this lawsuit asserting claims for negligence and intentional infliction of emotional distress in connection with the funeral services provided. There was a valid arbitration agreement, and the claims against the funeral home are "within the scope of the agreement." Reversed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: May 25, 2023, Case #: 13-21-00453-CV, Categories: Arbitration, Negligence, Contract