41 results for 'judge:"Molberg"'.
J. Molberg denies the school district's motion for rehearing, but withdraws the court's prior memorandum opinion and substitutes the current memorandum opinion, holding that the lower court properly denied the school district's plea to the jurisdiction. The contractor sufficiently demonstrated the lower court's jurisdiction in this breach of contract action. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 21, 2024, Case #: 05-22-00855-CV, Categories: Civil Procedure, Jurisdiction, Contract
J. Molberg finds that the lower court properly entered a final judgment awarding attorney fees to the appellee in this dispute arising from a mineral lease. The appellant waived its complaint regarding the severance order, and it fails to show an abuse of discretion as to the attorney fees. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 19, 2024, Case #: 05-22-00292-CV, Categories: Attorney Fees, Contract
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J. Molberg finds that the lower court improperly awarded damages to the appellee for "property taxes and maintenance and repair expenses" in this suit for partition. The appellee's pleading did not seek reimbursement, and the issue was not tried by consent. Reversed in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: March 11, 2024, Case #: 05-22-00759-CV, Categories: Real Estate, Damages
J. Molberg finds in this accelerated interlocutory appeal that the lower court improperly denied the appellant's motion for stay and to compel arbitration in this lawsuit arising from an alleged employment agreement. Accordingly, the matter is remanded for the lower court to compel arbitration. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 28, 2024, Case #: 05-22-00923-CV, Categories: Arbitration, Civil Procedure
J. Molberg finds that the lower court properly entered a judgment of possession for the appellee bank in this forcible detainer action. Contrary to the appellants' argument, the evidence sufficiently supports the judgment, as the bank showed it "purchased the property in a public auction" and informed the appellants they "must vacate the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 27, 2024, Case #: 05-23-00065-CV, Categories: Evidence, Real Estate
J. Molberg finds that the lower court properly denied the mother's motion to modify conservatorship. Contrary to the mother's argument, the lower court did not err by failing to appoint the mother as sole managing conservator of the child. The mother failed to establish "a material and substantial change in the circumstances of the child, a conservator, or other party." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 21, 2024, Case #: 05-22-01175-CV, Categories: Civil Procedure, Family Law
J. Molberg finds that the lower court improperly granted the appellees' rule 91a dismissal motion in this declaratory judgment action concerning a conservation easement assessment agreement. The appellant argued that it was not obligated to pay a certain private transfer fee, and the court agrees that the action has "a basis in law and fact." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 20, 2024, Case #: 05-22-00842-CV, Categories: Civil Procedure, Real Estate
J. Molberg finds that the lower court properly granted the hospital defendant's plea to the jurisdiction in this lawsuit asserting claims for negligence and civil rights violations. The hospital district claimed it was entitled to sovereign immunity, and there is no evidence showing that it received the required notice of the litigant's claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: February 7, 2024, Case #: 05-22-01180-CV, Categories: Civil Procedure, Health Care, Jurisdiction
J. Molberg finds that the lower court properly granted a protective order for the appellee company and denied certain discovery being sought by the appellant. The lower court "did not abuse its discretion in limiting the scope of discovery," as there was evidence to show that the requested discovery was "unduly burdensome." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 30, 2024, Case #: 05-21-00846-CV, Categories: Civil Procedure, Discovery
J. Molberg finds that the lower court properly denied the appellant school district's plea to the jurisdiction in this breach of contract lawsuit stemming from an agreement for construction work to be performed at certain school campuses. The appellee construction company adequately pleaded facts demonstrating jurisdiction. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00855-CV, Categories: Jurisdiction, Contract
J. Molberg finds that the lower court properly entered a take-nothing judgment in favor of the appellee, in this negligence lawsuit stemming from an incident at an indoor shooting range in which the appellee allegedly "removed the left earmuff" of the appellant's hearing protection. Any error in the admission of certain medical records from the appellant's primary care physician was harmless, as it did not result in an improper judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 26, 2024, Case #: 05-22-00347-CV, Categories: Evidence, Health Care, Negligence
J. Molberg finds that the lower court improperly entered a certain declaration in this dispute involving a retaining wall and the parties' responsibilities "regarding the wall's repair and maintenance." Specifically, the lower court erred in granting judgment on the property owners' fifth requested declaration, as it "constitutes an advisory opinion." The homeowners association had not allocated the retaining wall to the property owners' lots "as a limited common area." Vacated in part.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: January 2, 2024, Case #: 05-22-00198-CV, Categories: Civil Procedure, Real Estate
J. Molberg finds that the lower court properly ruled against the appellant aviation company in this breach of contract dispute. The appellant argues that the judgment is void, due to the appellee's lack of standing, specifically "because no contracts exist between these parties." However, it also filed a counterclaim alleging breach of contract between the parties, as to "the very contracts which it belatedly claims did not exist." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: December 27, 2023, Case #: 05-23-00344-CV, Categories: Civil Procedure, Contract
J. Molberg finds that the lower court properly entered judgment for the computer forensics expert in this dispute over "an unpaid balance." The evidence sufficiently shows that the expert was engaged on the appellant's behalf in connection with a family law case, and the appellant "accepted the benefits" of the expert's testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: November 21, 2023, Case #: 05-22-00780-CV, Categories: Debt Collection, Experts, Contract
J. Molberg finds that the lower court properly terminated the father's parental rights to three children. The father challenges the sufficiency of the evidence to support the findings. However, the record indicates that the parents failed to adequately address one of the children's eczema, and the father failed to complete certain court-ordered services. Separately, a typographical error in the order should be corrected. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: October 31, 2023, Case #: 05-23-00582-CV, Categories: Family Law
J. Molberg finds in this restricted appeal that the lower court properly dismissed the appellants' petition for want of prosecution. The record shows that they failed to take "any action to prosecute the case in the nearly nine months after filing." Their arguments for reinstatement also fail. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: September 5, 2023, Case #: 05-22-00061-CV, Categories: Civil Procedure, Insurance
J. Molberg finds that the lower court properly granted summary judgment to an attorney and her law firm on the tort and quasi-contract claims against them. The claims stem from the attorney's prior appointment as an amicus attorney for the children in a family law proceeding. The parents subsequently alleged that the attorney engaged in fraud and overbilling. On appeal, however, the parents only challenge one of the bases for summary judgment, meaning the judgment must be upheld "on the two unchallenged grounds." Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: August 3, 2023, Case #: 05-21-00959-CV, Categories: Family Law, Fraud, Legal Malpractice
J. Molberg finds that the lower court properly ruled in favor of the appellee in this case alleging a breach of fiduciary duty in connection with a "disputed real estate transaction." The appellant "failed to request the reporter's record," so his sufficiency challenges must fail. Also, the lower court did not err in its legal conclusion that the appellant owed a fiduciary duty to the decedent. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 31, 2023, Case #: 05-21-00245-CV, Categories: Civil Procedure, Real Estate, Fiduciary Duty
J. Molberg grants the appellant's motion for rehearing and vacates the court's prior opinion in this lawsuit alleging a breach of fiduciary duty against an attorney and his law office. The court concludes that the lower court "misapplied the collateral estoppel doctrine." Accordingly, the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: July 25, 2023, Case #: 05-20-00994-CV, Categories: Civil Procedure, Fiduciary Duty