36 results for 'judge:"Pedersen"'.
J. Pedersen finds that the lower court properly terminated the father's parental rights following a bench trial. Contrary to the father's argument on appeal, the evidence sufficiently supports the termination order. The family plan and the permanency order informed the father of "his obligations to retain his parental rights," and the evidence shows that he failed to fully comply with certain material provisions, particularly as to substance abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: April 18, 2024, Case #: 05-23-01056-CV, Categories: Evidence, Family Law
J. Pedersen finds in this interlocutory appeal that the lower court properly denied the appellant's dismissal motion, which he filed pursuant to the Texas Citizens Participation Act. The complaint asserts a claim for defamation against the appellant based on an alleged Facebook post about another attorney. The appellant argues that the statement "involved a matter of public concern because it was about legal services," but his argument is unpersuasive. Accordingly, he failed to show that the claim was based on the exercise of his right to free speech. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 20, 2024, Case #: 05-22-01148-CV, Categories: Civil Procedure, Defamation
J. Pedersen compels to arbitration a complaint alleging that the company penalized and later fired the employee after he requested extended leave following a heart attack. The employee had been informed of the arbitration agreement, given a link to the agreement, and provided choices to accept the agreement. The arbitration agreement covers the dispute between the parties and is not unconscionable.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: March 15, 2024, Case #: 6:23cv6569, NOS: Employment - Civil Rights, Categories: Arbitration, Employment
J. Pedersen finds that the lower court properly ruled in this dispute over real property, "confirming appellants as the rightful owners of the property," subject to an award for the appellees as "good faith improvers." There was sufficient evidence to show the improvements made, and there was no error in the decision that the appellees "should be reimbursed for all of the improvements made to the property." Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01323-CV, Categories: Evidence, Real Estate
J. Pedersen finds that the lower court properly entered a final divorce decree. The appellant contends that the judgment failed to detail how her property would be transferred to her, but the court disagrees that the instructions in the decree lacked detail. Also, the trial court has the power to enforce the decree. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01235-CV, Categories: Civil Procedure, Family Law, Property
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J. Pedersen finds in this restricted appeal that the lower court improperly determined the conservatorship rights and the division of the marital property in this divorce proceeding. There is insufficient evidence supporting the terms of the divorce. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 4, 2024, Case #: 05-22-00563-CV, Categories: Family Law, Property
J. Pedersen finds that the lower court properly ruled against the coating manufacturer and awarded damages to the warehouse owner in this suit alleging negligent undertaking, negligent misrepresentation and fraud in connection with a leaking roof. There was sufficient evidence to find "an actionable misrepresentation," relating to the applicator's qualifications, and actual damages. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 1, 2024, Case #: 05-22-00522-CV, Categories: Negligence
J. Pedersen grants a school district's motion to set aside default judgment entered in pro se claims contending a part-time cleaner had been fired due to gender, disability, and national origin because the school district did not immediately answer the complaint due to confusion with its insurer, and the cleaner failed to establish the lack of response had been intentional.
Court: USDC Western District of New York, Judge: Pedersen , Filed On: February 7, 2024, Case #: 6:23cv6583, NOS: Employment - Civil Rights, Categories: Civil Procedure, Employment, Employment Discrimination
J. Pedersen conditionally grants the streaming providers' mandamus petition, in which they challenge the denial of their Rule 91a dismissal motion in the underlying lawsuit brought under the Texas Public Utility Regulatory Act. The statute is "limited to disputes about compensation from franchise fees," and there is no dispute that the streaming providers are not franchise holders. Accordingly, the lower court abused its discretion, and the relators are entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 31, 2024, Case #: 05-23-00485-CV, Categories: Civil Procedure, Communications, Government
J. Pedersen finds that the lower court improperly entered a take-nothing judgment as a death-penalty sanction in this personal injury suit. The lower court indicated that the death-penalty sanction was imposed "in response to appellant's failure to pay the $1,000 sanction," which revealed nothing about her claim. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 30, 2024, Case #: 05-22-00274-CV, Categories: Civil Procedure, Sanctions, Tort
J. Pedersen finds that the lower court properly denied the appellant's request for enforcement of the property division in a divorce decree, in which he specifically sought the conveyance of certain real property after the appellee allegedly failed to build a home there. Contrary to the appellant's argument on appeal, the build provision in the divorce decree is not ambiguous. Also, any conflict regarding "whether the decree conveys to appellee a fee simple absolute in the land or a fee simple determinable" is immaterial to the order denying his requested relief. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 22, 2023, Case #: 05-22-00137-CV, Categories: Civil Procedure, Family Law, Real Estate
J. Pedersen finds that the lower court properly confirmed an arbitrator's award and denied the appellant's motion "to reconsider the propriety of compelling arbitration." The appellant contends that he never agreed to arbitrate the disputes with the appellees. However, the lower court did not abuse its discretion by ordering the arbitration, as the appellant's claims depend on a certain stock purchase agreement and he cannot "avoid the arbitration clause that governs" the agreement. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 21, 2023, Case #: 05-22-00841-CV, Categories: Arbitration, Legal Malpractice, Attorney Fees
J. Pedersen finds that the lower court improperly dismissed the appellant's claim based on a failure to appear for trial in this case arising from a motor vehicle accident. The lower court abused its discretion by allowing the appellant motorist's new trial motion to be denied by operation of law, as the appellant provided a reasonable explanation for her failure to appear. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: December 13, 2023, Case #: 05-22-00997-CV, Categories: Civil Procedure, Tort, Vehicle
J. Pedersen finds that the lower court improperly awarded direct damages and interest in this breach of contract lawsuit concerning a development agreement. The lower court erred in awarding "amounts under alternative direct-damage theories." Accordingly, the case is remanded for "entry of a modified judgment" reflecting the correct amount. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: November 28, 2023, Case #: 05-22-00699-CV, Categories: Damages, Contract
J. Pedersen finds that the lower court properly granted summary judgment in favor of the appellee pension system in this suit challenging the constitutionality of certain changes to the retired officers association's pension plan. Contrary to the association's argument on appeal, the changes did not violate Section 66 of the state constitution. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: November 9, 2023, Case #: 05-22-00644-CV, Categories: Civil Procedure, Constitution, Pensions
J. Pedersen finds that the lower court improperly denied the airline appellants' motion to transfer venue in this case alleging discrimination and breach of contract after a family was allegedly removed from a flight. The appellants presented evidence that the incident took place in Tarrant County, as opposed to Dallas County. Accordingly, the case is remanded for the lower court to transfer the case to Tarrant County. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: October 18, 2023, Case #: 05-23-00621-CV, Categories: Transportation, Venue, Contract
J. Pedersen denies the father's motion for rehearing but withdraws the court's prior opinion in this case regarding possession and child support. Certain provisions should be deleted from the underlying modification order, and the "damages related to two telephones" should be deleted from the enforcement order. The father is also entitled to partial mandamus relief, specifically as to certain alleged violations regarding "medical child support." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 27, 2023, Case #: 05-20-00338-CV, Categories: Civil Procedure, Family Law
J. Pedersen finds in this interlocutory appeal that the lower court improperly denied the appellant's dismissal motion by operation of law. The appellant sought to dismiss a counterclaim in this case regarding a will pursuant to the Texas Citizens Participation Act. The appellees failed to demonstrate a prima facie case of their claim regarding the will's in terrorem clause. Accordingly, the case is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 18, 2023, Case #: 05-22-00194-CV, Categories: Civil Procedure, Wills / Probate
J. Pedersen conditionally grants in part the relators' petition for a writ of mandamus, in which they seek an order compelling the lower court to rule on a Rule 12 motion and to vacate certain other rulings in the underlying wrongful death proceeding. The lower court is directed "to hear and to rule" on the Rule 12 motion to show authority, as well as the hotel's motion for summary judgment.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: September 11, 2023, Case #: 05-23-00425-CV, Categories: Civil Procedure, Wrongful Death
J. Pedersen finds that the lower court properly dismissed the appellant company's claims after granting the government defendants' pleas to the jurisdiction. The company, which operated a steak restaurant during the Covid-19 pandemic, argued that the various emergency orders limiting capacity at restaurants amounted to a taking of its property, and it sought damages as a result. However, the company failed to plead a valid taking claim. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 29, 2023, Case #: 05-21-00965-CV, Categories: Constitution, Business Practices, Covid-19
J. Pedersen finds that the lower court properly granted the state defendants' pleas to the jurisdiction and dismissed the appellant's claims alleging that he was harmed when they ended the state's participation in a federal relief program related to the Covid-19 pandemic. The appellant failed to establish a waiver of immunity. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 29, 2023, Case #: 05-22-00502-CV, Categories: Employment, Immunity, Covid-19
J. Pedersen finds that the lower court properly ruled on the attorney ad litem's application for attorney fees in this guardianship proceeding. The attorney argues that "a finding of a breach of fiduciary duty" was necessary for fee disgorgement, but the law related to breach of fiduciary duty was not implicated. Further, the offset was authorized by the estates code. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 23, 2023, Case #: 05-21-00940-CV, Categories: Fiduciary Duty, Guardianship, Attorney Fees
J. Pedersen finds that the lower court properly overruled the appellant's special appearance in this fraud case. The petition sufficiently alleged that the company was subject to general jurisdiction, and the company failed to adequately negate the jurisdictional allegations. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: August 9, 2023, Case #: 05-21-00956-CV, Categories: Fraud, Jurisdiction