21 results for 'judge:"Reichek"'.
J. Reichek finds that the lower court properly entered a take-nothing judgment on the appellant's claims, which included claims for breach of contract and fraud. Contrary to the appellant's argument on appeal, the lower court did not err in granting summary judgment. The record shows that the appellees' no-evidence motion was not conclusory. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 14, 2024, Case #: 05-23-00208-CV, Categories: Civil Procedure, Fraud, Contract
J. Reichek finds in this restricted appeal that the lower court improperly terminated the mother's parental rights. The mother argues that her attorney "failed to appear at trial," thus demonstrating ineffective assistance of counsel. The court concludes that a "presumption of prejudice is warranted" under the circumstances and remands the case for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: April 9, 2024, Case #: 05-23-01142-CV, Categories: Civil Procedure, Family Law
J. Reichek conditionally grants the relator's petition for a writ of mandamus, in which it challenges a scheduling order in the underlying proceeding. The lower court's plenary power had already expired when it issued the amended scheduling order, setting the case for trial.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: March 18, 2024, Case #: 05-24-00064-CV, Categories: Civil Procedure
J. Reichek finds that the lower court properly divided the property in this divorce proceeding. The wife, appearing pro se, fails to show that the husband breached their premarital agreement, and her exhibits do not establish damages "as a result of any failure to indemnify." The court also denies the wife's petition for a writ of mandamus. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: March 7, 2024, Case #: 05-23-00051-CV, Categories: Family Law, Property
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Reichek finds that the lower court improperly entered a temporary injunction. The appellants contend that the order is void based on a lack of compliance with Rule 683, and the court agrees. Accordingly, the order is dissolved, and the matter is remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: January 24, 2024, Case #: 05-23-00458-CV, Categories: Civil Procedure
J. Reichek finds that the lower court improperly denied the special appearances filed by four of the five appellants in this suit asserting claims for breach of fiduciary duty and breach of contract. Accordingly, the claims against those parties should be dismissed based on a lack of jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: January 24, 2024, Case #: 05-23-00011-CV, Categories: Fiduciary Duty, Jurisdiction
J. Reichek finds that the lower court properly granted the hospital district's plea to the jurisdiction in this personal injury lawsuit arising from an alleged trip and fall incident near an elevator. The pro se appellant failed to file a brief that complies with the procedural rules, and her arguments on appeal are "unclear." Accordingly, she preserved nothing for appellate review. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: November 1, 2023, Case #: 05-22-01287-CV, Categories: Civil Procedure, Negligence
J. Reichek finds that the lower court improperly denied the city's plea to the jurisdiction in this premises liability lawsuit involving an alleged trip and fall incident on a city sidewalk. There was no evidence that the city had knowledge of "a condition creating an unreasonable risk of harm." There were no prior injuries caused by the sidewalk, which included a change in elevation between two sections of the concrete. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: October 17, 2023, Case #: 05-22-01001-CV, Categories: Tort, Jurisdiction
J. Reichek finds that the lower court properly rendered a default judgment awarding possession of the property to the housing authority in this eviction case. The appellant contends that he arrived at the courtroom three minutes after the judgment. However, he fails to show that the lower court erred by not setting aside the judgment. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: September 14, 2023, Case #: 05-22-00357-CV, Categories: Civil Procedure, Housing
J. Reichek finds that the lower court properly denied the appellants' motion to dismiss under the Texas Citizens Participation Act. The action asserts claims for defamation per se and business disparagement, based on multiple communications, including five text messages and one voicemail. The Act applies, but the appellees established a prima facie case for their claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: September 6, 2023, Case #: 05-22-00616-CV, Categories: Anti-slapp, Civil Procedure, Defamation
J. Reichek finds that the lower court improperly ruled in favor of the restaurant customer on her personal injury claim stemming from an incident in which a security guard allegedly removed her from the restaurant and slammed her onto the concrete. Expert medical testimony was needed to show the causal link between the customer's injuries and the incident. However, the lower court did not err by imposing certain monetary sanctions. Reversed in part.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 30, 2023, Case #: 05-21-00552-CV, Categories: Sanctions, Tort, Negligence
J. Reichek finds that the lower court properly ruled against the appellant in this suit "for money had and received." There was no error in granting summary judgment to the appellees, since the evidence shows that they "did not hold money which in equity and good conscience" belonged to the appellant. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 16, 2023, Case #: 05-21-01101-CV, Categories: Civil Procedure, Evidence
J. Reichek finds that the lower court properly granted summary judgment to the appellee in this deficiency action following a foreclosure sale. The appellants' argument regarding a prior material breach was waived, as it was not included as an affirmative defense. Also, their argument that the appellee "did not provide a proper accounting" is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: August 15, 2023, Case #: 05-22-00403-CV, Categories: Debt Collection, Real Estate
J. Reichek finds that the lower court properly dismissed the ex-wife's tort claims against her ex-husband. The claims were barred under the doctrine of res judicata, as they could have been raised in the parties' divorce action. The alleged incident at issue occurred "prior to the final divorce decree." Accordingly, summary judgment in favor of the ex-husband was appropriate. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: June 20, 2023, Case #: 05-21-01064-CV, Categories: Civil Procedure, Family Law, Tort
J. Reichek finds that the lower court improperly awarded spousal maintenance and divided the community estate in this divorce case. The wife will "take nothing on her request for spousal maintenance," and the case is remanded for a new division of the property. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: May 31, 2023, Case #: 05-22-00040-CV, Categories: Family Law, Property