38 results for 'judge:"Partida-Kipness"'.
J. Partida-Kipness conditionally grants the mother's petition for a writ of mandamus, in which she challenges certain orders in the underlying proceeding, granting the child's paternal grandfather "rights of possession and access." The rulings were an abuse of discretion, as the grandfather failed to establish standing to bring suit, due to his affidavit being deficient. Accordingly, the lower court lacked jurisdiction, and the grandfather's petition should be dismissed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 29, 2024, Case #: 05-23-00812-CV, Categories: Civil Procedure, Family Law
J. Partida-Kipness finds that the lower court properly granted the appellees' pleas to the jurisdiction in this suit involving the appellant's property taxes and allegations that his payments were not properly applied against a judgment. The pro se appellant fails to adequately brief his issues, and the court additionally finds that the appellees were "entitled to dismissal" based on governmental immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: April 24, 2024, Case #: 05-23-00224-CV, Categories: Tax, Fiduciary Duty, Jurisdiction
J. Partida-Kipness finds that the lower court properly terminated the father's parental rights to his children. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. The father had a history of domestic violence and failed to participate in court-ordered services. There was also evidence that the children were doing well in their foster home. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 29, 2024, Case #: 05-23-01049-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds in this interlocutory appeal that the lower court properly denied the defendants' motion to abate the lawsuit asserting breach of fiduciary duty claims. The appellants contend that the dispute is subject to arbitration, but the court disagrees, based on the unambiguous language of the appellee company's operating agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 28, 2024, Case #: 05-23-00199-CV, Categories: Arbitration, Fiduciary Duty, Contract
J. Partida-Kipness finds in this interlocutory appeal that the lower court improperly denied the hospital's plea to the jurisdiction in this lawsuit alleging disability discrimination and retaliation. The former employee contends that his termination was a product of discrimination, but he failed to produce evidence that the hospital's "reasons for terminating him were false or a pretext for discrimination." Accordingly, the claims are dismissed for lack of jurisdiction. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 26, 2024, Case #: 05-22-01358-CV, Categories: Jurisdiction, Employment Discrimination, Employment Retaliation
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J. Partida-Kipness conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order granting a motion to quash certain discovery in the underlying construction dispute. The lower court erred in determining that the relators "abused the discovery process" and in ordering that the financial records at issue be destroyed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 18, 2024, Case #: 05-23-01085-CV, Categories: Civil Procedure, Discovery
J. Partida-Kipness finds that the lower court properly denied the appellant insurance company's motion to compel arbitration in this dispute involving "the scope of a release in a settlement agreement between the parties." The declaratory claims at issue fall under the settlement agreement's forum-selection clause. The court also concludes that the agreement "superseded the ADR Endorsement" contained in an excess liability policy with respect to the declaratory claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 13, 2024, Case #: 05-23-00719-CV, Categories: Arbitration, Insurance, Contract
J. Partida-Kipness finds that the lower court improperly denied the city's plea to the jurisdiction as to the pedestrian's negligence claim, stemming from an injury allegedly caused by an "open water meter hole on a sidewalk." Accordingly, that claim is dismissed for want of jurisdiction. However, the city's plea was properly denied as to the pedestrian's premises liability claim. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 7, 2024, Case #: 05-23-00035-CV, Categories: Negligence, Jurisdiction
J. Partida-Kipness finds that the lower court properly denied the appellant's plea to the jurisdiction and rendered judgment for the appellee in this forcible detainer case. The appellant argued that the forcible detainer action was not "an available remedy" due to the parties' executory contract. However, the contract specifically states that the buyer would become a tenant-at-sufferance "if the contract is cancelled because of her default." Further, her argument regarding Subchapter D relates to title, as opposed to possession. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 23, 2024, Case #: 05-23-00172-CV, Categories: Landlord Tenant, Real Estate, Contract
J. Partida-Kipness finds that the lower court improperly dismissed the family's negligence claims related to a product recall in this case arising from an alleged "rollover accident involving a utility terrain vehicle." The lower court erred in granting the dealer's no-evidence summary judgment motion as to the recall-related claims, as the dealer's motion was "insufficient as a matter of law as to the element of duty." Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 5, 2024, Case #: 05-22-00677-CV, Categories: Civil Procedure, Negligence, Product Liability
J. Partida-Kipness finds that the lower court properly entered final judgment in favor of the defendant insurance companies in this coverage dispute under an automobile policy. Contrary to the appellant's argument, the lower court was not bound by a prior summary judgment, which was "interlocutory and subject to modification." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 2, 2024, Case #: 05-23-00513-CV, Categories: Civil Procedure, Insurance
J. Partida-Kipness finds that the lower court improperly granted summary judgment to the insurance provider in this coverage dispute stemming from a tornado that allegedly damaged the appellants' home. The court concludes that the term "windstorm," as it appears in the insurance policy, is ambiguous and that the appellants' interpretation was reasonable. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: January 29, 2024, Case #: 05-22-00963-CV, Categories: Insurance, Real Estate
J. Partida-Kipness finds that the lower court properly granted the county officials' plea to the jurisdiction and dismissed the appellant voters' lawsuit concerning the use of "allegedly uncertified electronic voting machines." The voters failed to allege a concrete injury, and any relief against the county officials would not redress the allegedly "widespread" risk of voter dilution. Accordingly, the voters failed to establish standing. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 28, 2023, Case #: 05-22-01098-CV, Categories: Civil Procedure, Elections, Jurisdiction
J. Partida-Kipness finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the child's medical and developmental needs were being met after he was placed with the mother's great uncle. Also, the record indicates that the father had a history of "assaultive conduct" and marijuana use. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 19, 2023, Case #: 05-23-00586-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds that the lower court properly ruled for the "surviving spouse" in this case concerning workers' compensation death benefits, following the death of a city police officer. Contrary to the city's argument on appeal, the evidence sufficiently supports the jury's verdict, holding that the city failed to prove that the appellee was "not an eligible spouse" at the time of the officer's death. The evidence indicates that the couple "agreed to be married" and "represented to others they were married." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 12, 2023, Case #: 05-22-00898-CV, Categories: Family Law, Insurance
J. Partida-Kipness finds that the lower court improperly entered a temporary injunction order against the appellant board members in this church dispute concerning "the rightful members of the Church's board of trustees." The injunction order is void for failure to comply with Rule 683. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 17, 2023, Case #: 05-23-00579-CV, Categories: Civil Procedure
J. Partida-Kipness finds that the lower court properly entered default judgment against the property owner and the management company but improperly awarded mental anguish damages to the tenants in this lease dispute. The tenants contend that their apartment had an insect infestation, but their testimony fails to sufficiently support the award for mental anguish damages. Accordingly, the issue of mental anguish damages is remanded for a new trial. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: November 7, 2023, Case #: 05-22-00779-CV, Categories: Landlord Tenant, Damages, Contract
J. Partida-Kipness finds that the lower court properly confirmed an arbitration award in favor of the appellees in this dispute arising from the "purchase of an ambulatory surgery center." The appellant company argues that the award should be vacated based on the arbitrator's alleged "manifest disregard of the law," but that is not a valid ground for vacating the arbitration award. Also, there is no full arbitration record. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: October 19, 2023, Case #: 05-22-00581-CV, Categories: Arbitration, Civil Procedure
J. Partida-Kipness finds that the lower court properly ruled in favor of the property owner in this dispute involving foundation and drainage work performed on the home. The foundation company contends on appeal that the evidence does not support the lower court's implied findings that it breached the contract or that the property owner suffered damages due to its conduct. However, there is evidence that the drain it installed did not discharge to the street, as agreed. Also, the evidence indicates that the cost for gutters "was a direct damage" stemming from the alleged breach. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: October 4, 2023, Case #: 05-22-00660-CV, Categories: Damages, Contract
J. Partida-Kipness finds that the lower court properly granted the university's plea to the jurisdiction in this suit brought by a former student in the family nurse practitioner program. There was no error in granting the university's motion as to the student's tort claims, which were barred by sovereign immunity. The student also fails to show that "a contract was created." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 20, 2023, Case #: 05-22-00207-CV, Categories: Education, Jurisdiction, Contract
J. Partida-Kipness finds that the lower court properly granted judgment in favor of the appellee company on its declaratory judgment counterclaim. The appellants failed to strictly comply with the payment terms regarding the royalty option in an investor subscription agreement. However, the appellee company should not have been awarded "conditional appellate fees and fees for post-appeal collection efforts." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: September 13, 2023, Case #: 05-22-00720-CV, Categories: Civil Procedure, Contract
J. Partida-Kipness finds that the lower court properly terminated the mother's parental rights to her child following a jury trial. Contrary to the mother's argument on appeal, the evidence sufficiently supports the jury's findings. The mother was ordered to take a urine drug test at the courthouse due to her "erratic actions" during a hearing, and she tested positive for certain drugs, including methamphetamine. She had previously refused to take a hair follicle test. Also, she failed to complete her court-ordered services. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 27, 2023, Case #: 05-23-00031-CV, Categories: Evidence, Family Law
J. Partida-Kipness finds that the lower court improperly awarded conditional post-trial and appellate attorney fees in this suit arising from the "dispute between homeowners and a contractor concerning removal of popcorn ceiling from a residential property." The evidence does not sufficiently establish the conditional appellate fees. Reversed in part.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 10, 2023, Case #: 05-21-00936-CV, Categories: Evidence, Attorney Fees
J. Partida-Kipness finds that the lower court properly granted an escrow agent's no-evidence motion for summary judgment in this breach of contract and fiduciary duty action involving the appellants' effort to raise maritime investment funds. The ruling was appropriate, as the lower court sustained the agent's objections to "the affidavit and supporting exhibits." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: July 6, 2023, Case #: 05-22-00337-CV, Categories: Fiduciary Duty, Contract