24 results for 'judge:"Nowell"'.
J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: Family Law, Property
J. Nowell finds that the lower court properly awarded damages in this lawsuit involving damage to a vehicle owned by the appellant, who was awarded loss-of-use damages but "no damages for diminution in the car's value." The court notes that he requested loss-of-use damages in an amount that was "more than the value of the vehicle" when he purchased it and that the amount would have constituted a windfall. The car owner also failed to provide sufficient evidence for diminution in value. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 20, 2024, Case #: 05-23-00355-CV, Categories: Vehicle, Damages
J. Nowell finds that the lower court improperly awarded attorney fees in this suit for damages but otherwise affirms the judgment. The petition stemmed from an alleged medical debt, and the evidence sufficiently established the validity of the appellee's sworn account claim. However, the appellant was improperly denied a jury trial on attorney fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 15, 2024, Case #: 05-23-00053-CV, Categories: Debt Collection, Health Care, Attorney Fees
J. Nowell finds that the lower court properly granted the appellee telephone company's motion for summary judgment in this negligence lawsuit alleging that an individual was injured while leaning against a chain-link fence that had become energized. The complaint contends that an employee was working on the nearby lines, and his negligence created the hazardous condition. However, the injured plaintiff failed to provide any expert testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: March 11, 2024, Case #: 05-23-00004-CV, Categories: Communications, Negligence, Experts
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J. Nowell finds that the lower court improperly granted partial summary judgment to the trust in this family partnership dispute, regarding the heirs' claims "for judicial declarations that they are general partners" in the trust partnership. Accordingly, that part of the judgment must be remanded for further proceedings. The court also finds that the heirs failed to show "lost profit damages with reasonable certainty" and will vacate that paragraph of the final judgment. The judgment is otherwise modified and affirmed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 9, 2024, Case #: 05-22-00445-CV, Categories: Civil Procedure, Real Estate, Trusts
J. Nowell finds that the lower court improperly entered judgment against the bar where an alleged shooter had been drinking prior to the shooting. The lower court erred by not granting the bar's motion for judgment notwithstanding the verdict, as the bar could not be held vicariously liable for the "actions or inactions" of its employee. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 6, 2024, Case #: 05-22-00374-CV, Categories: Civil Procedure, Negligence
J. Nowell finds that the lower court properly terminated the parental rights of the mother and the father to the child. The father contends that the lower court improperly admitted hearsay evidence in violation of the Texas Family Code, but he failed to preserve his issue. Also, contrary to the mother's argument, the evidence sufficiently supports the best interest finding, as the child is bonded with the foster family and the mother refused "to believe her children's outcries despite clear and convincing evidence of Father's abuse." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: December 22, 2023, Case #: 05-23-00667-CV, Categories: Evidence, Family Law
J. Nowell finds that the lower court properly ruled in favor of the surgeon following a jury trial in this negligence lawsuit alleging that a surgical sponge was left inside the patient. The evidence sufficiently supported the jury's finding that the surgeon was not negligent. The record indicates that the surgeon was told that the sponges were all accounted for. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 24, 2023, Case #: 05-22-00813-CV, Categories: Negligence, Medical Malpractice
J. Nowell finds that the lower court improperly denied the city's plea to the jurisdiction in this negligence lawsuit brought by an individual who allegedly fell into a hole at a city park. The court concludes that the area was not "intended for pedestrian use," and there was no evidence that the city had "actual knowledge of the defect." Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-23-00276-CV, Categories: Tort, Jurisdiction
J. Nowell finds that the lower court improperly granted a default judgment and a summary judgment in this lawsuit arising from a joint venture "to renovate and flip a residential property." The no-answer default judgment against the defendant company was inappropriate, as the manager attempted to answer on behalf of the company. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: October 9, 2023, Case #: 05-22-01082-CV, Categories: Civil Procedure, Real Estate
J. Nowell grants in part the appellant's motion for rehearing and withdraws the court's prior opinion in this dispute between neighboring property owners over the removal of certain vegetation and other issues. As to damages, the evidence does not support the damages awarded in connection with the parking lot. Additionally, the exemplary damages award must be vacated and reconsidered on remand. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: September 26, 2023, Case #: 05-22-00236-CV, Categories: Real Estate, Damages
J. Nowell finds that the lower court improperly terminated the father's parental rights to the child. The evidence did not sufficiently support the lower court's endangerment finding. The child allegedly came into the department's care when the mother "constructively abandoned the infant," but the evidence does not show that the father also abandoned the child. Additionally, the father attended his visitations and completed most of his required services. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: August 14, 2023, Case #: 05-23-00110-CV, Categories: Evidence, Family Law
J. Nowell finds that the lower court properly entered a take-nothing judgment against the appellants in this lawsuit alleging breach of contract and violations of the Deceptive Trade Practices Act in connection with a nanny referral business. The lower court did not err by denying their request for default judgment, and the evidence sufficiently supports the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 14, 2023, Case #: 05-22-00675-CV, Categories: Evidence, Business Practices, Contract
J. Nowell finds that the lower court improperly granted summary judgment to the appellees on most of the claims in this suit stemming from an alleged business partnership. As to the individual plaintiff's breach of partnership claim, the appellees failed to show that the statute of limitations accrued when the certificate of formation was filed. Summary judgment was appropriate, however, on his defamation per se claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 6, 2023, Case #: 05-22-01100-CV, Categories: Partnerships, Business Practices, Contract
J. Nowell finds that the lower court improperly granted summary judgment to the bank on the appellant company's claims for conversion and breach of contract relating to certain checks in this suit involving a checking account with the bank and a number of allegedly stolen checks. The bank failed to show that "the same wrongdoer signed or altered all eighteen checks." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: July 6, 2023, Case #: 05-22-00206-CV, Categories: Conversion, Banking / Lending, Contract
J. Nowell finds that the lower court properly granted summary judgment to the appellees in this breach of contract lawsuit involving a real estate contract. The buyer argues the appellees breached the contract by refusing to comply with a purported amendment, but the agreement was not amended by certain email communications. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 14, 2023, Case #: 05-22-00177-CV, Categories: Real Estate, Contract
J. Nowell finds that the lower court improperly changed the last names of the children. The mother sought to remove the father's last name, but the lower court added a hyphen instead. The mother did not request "a hyphenated last name." Accordingly, the order did not conform to the mother's petition. Reversed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 13, 2023, Case #: 05-22-00937-CV, Categories: Civil Procedure, Family Law
J. Nowell finds that the lower court properly denied appellant's third motion to return certain tangible property, including a wallet and retired law enforcement credentials. He fails to show that he is entitled to return of the property, as there was no finding that a warrant was issued without "good ground." Also, he fails to preserve his issue concerning certain digital property. Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 9, 2023, Case #: 05-22-00530-CV, Categories: Evidence, Property
J. Nowell finds that the lower court properly granted the university administrators' plea to the jurisdiction in this lawsuit brought by a tenured professor, who was allegedly removed from teaching certain classes and brings claims for violations of his constitutional rights. The court notes that the parties' dispute over "quizzes versus homework assignments is not a matter of public concern." Affirmed.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: June 7, 2023, Case #: 05-21-00799-CV, Categories: Constitution, Education, Employment