37 results for 'judge:"Theofanis"'.
J. Theofanis finds that the trial court properly ruled against car owners who sued a collision repair shop that allegedly forced them to pay fees to recover their car. Because the car owners filed their claims two years and five days from the date of the incident, their claims are barred by the statute of limitations. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 24, 2024, Case #: 03-23-00265-CV, Categories: Civil Procedure, Conversion
J. Theofanis finds that the trial court properly and improperly ruled in an unjust enrichment case filed by the surviving family members of a deceased relative against the son of the deceased. A jury found the son had wrongfully transferred funds that would have gone to the family members to himself. While the court was right to render a take-nothing judgment on the son's counterclaims, the claim of unjust enrichment made by the family members was barred by limitations and should have resulted in them being awarded a take-nothing judgment as well. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 17, 2024, Case #: 03-23-00129-CV, Categories: Wills / Probate, Fiduciary Duty
J. Theofanis finds that the trial court properly ruled in favor of a real estate investment firm in a contract case it filed against a trust and its members over the sale of an apartment complex. The members of the trust argue that the contract signed by the parties at the start of the sales process was unenforceable after the firm sent an email seeking to amend the terms of the contract. Reviewing the email, nothing in the message could be construed to imply that the firm was backing out of the sale, thus making the contract active at the time of closure. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: April 4, 2024, Case #: 03-23-00218-CV, Categories: Real Estate, Contract
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J. Theofanis finds that the trial court properly ruled against a mother, appointing her as the possessory conservator of her child and ordering her to pay child support to her child's managing conservator, the child's father. Based on the evidence provided, the father has for years been the child's sole caretaker and altering his parental rights would interfere with the child's development. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: March 7, 2024, Case #: 03-23-00274-CV, Categories: Family Law
J. Theofanis finds that the trial court properly ruled in favor of a company in a contract case it filed against a co-founder of the company who attempted to execute parts of his stock options. The trial court ruled that the company acted “not in bad faith” to restrict the co-founder’s ability to execute parts of the option. On appeal, the co-founder argues that the trial court wrongfully dismissed his counterclaims for breach of contract, alleging that material fact issues made his claim viable. Upon review of the co-founder’s counterclaim, the record does not reflect a genuine fact issue. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: February 23, 2024, Case #: 03-22-00632-CV, Categories: Corporations, Fiduciary Duty
J. Theofanis finds that the district court properly ruled not to appoint a father as one of his child's managing conservators. The decision was made in the child's best interest and is backed up by facts provided by the Texas Department of Family and Protective Services. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 31, 2024, Case #: 03-23-00745-CV, Categories: Family Law
J. Theofanis finds that the trial court properly declined to issue a ruling in favor of Texas Attorney Ken Paxton and Gov. Greg Abbott in a lawsuit seeking to force the two politicians to release years of their communications, including emails regarding the Jan. 6 attack on the U.S. Capitol. The trial court has jurisdiction to issue writs of mandamus against Paxton and Abbott in their official capacities to compel them to produce public information under the Public Information Act.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 17, 2024, Case #: 03-23-00090-CV, Categories: Government, Public Record, Jurisdiction
J. Theofanis finds that the trial court properly ruled to terminate a mother's parental rights to her two children. The evidence shows that the mother has a history of mental health issues and continued a relationship with the children's father, who admitted to abusing one of the children. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 12, 2024, Case #: 03-23-00608-CV, Categories: Family Law
J. Theofanis dismisses Williamson County’s lawsuit against Texas Attorney General Ken Paxton attempting to withhold public access to ballots and vote records for 22 months after election day. Paxton ruled that this information must be made available for public inspection during the 22-month preservation period. There is no live controversy between the parties as the information requestors in the underlying Public Information Act case have either received the information they requested or have withdrawn their requests.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 11, 2024, Case #: 03-23-00507-CV, Categories: Elections, Government, Jurisdiction
J. Theofanis grants Amazon's petition for mandamus relief in a personal injury case brought by a vehicle passenger injured after a collision with a van delivering packages for the company. The trial court denied Amazon's motion to dismiss the passenger's complaint as time-barred. The passenger's claims that Amazon withheld information to allow the two-year limitations to expire are not supported because Amazon had no legal requirement to produce documentation relating to the crash. Furthermore, because the limitations on his claims have expired, Amazon is entitled to have the claims dismissed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 20, 2023, Case #: 03-23-00634-CV, Categories: Tort, Vehicle, Damages
J. Theofanis finds that the district court improperly ruled against the heir in his lawsuit seeking to force the county to abide by a decades-old agreement to name a library after his uncle. A fact issue concerning when the heir’s claims accrued exists, so the district court should not have dismissed the case as being time-barred. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: December 8, 2023, Case #: 03-22-00405-CV, Categories: Government, Settlements, Contract
J. Theofanis finds that the trial court properly ruled against the state's plea to the jurisdiction in a settlement dispute with dental service providers who sued the Xerox Corporation for Medicaid fraud. The dentists sought to have the trial court determine their share of the state's settlement with Xerox, leading to the state claiming the court lacked jurisdiction to rule in the matter. On appeal, the state argues that the dentists' suit to recover settlement funds is barred by sovereign immunity. However, the state fails to show that it has immunity in the matter, thus establishing that the trial court maintains jurisdiction over the dispute.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: November 15, 2023, Case #: 03-22-00236-CV, Categories: Settlements, Immunity, Jurisdiction
J. Theofanis finds the trial court properly ruled against a father in its order establishing child support payments he owes to the mother of his children. On appeal, the father argues that the trial court erred by not offsetting the overall amount of support owed by the value of property owned by him. The father failed to present sufficient evidence to support having the child support offset by the value of property that was allegedly seized by the state and given to the mother. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: October 31, 2023, Case #: 03-22-00792-CV, Categories: Family Law
J. Theofanis finds that the trial court properly ruled in ordering a husband to pay spousal maintenance to his former wife in its order dissolving their marriage. On appeal, the husband argues that the trial court erred in awarding his former wife a disproportionate share of the couple's community estate and having him provide $3,000 per month for 10 years. If not ordered to receive spousal maintenance, the wife would be unable to financially support herself.. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: October 6, 2023, Case #: 03-22-00758-CV, Categories: Family Law
J. Theofanis finds that the trial court properly granted a temporary injunction blocking the state of Washington from listing Delta-8 THC as a Schedule 1 drug. Business owners testified that they lost customers and suffered decreases in revenue after delta-8 was listed as a Schedule 1 drug, and individuals testified that products containing delta-8 helped them with physical and mental issues. Therefore, there was some evidence "to support the trial court's finding of probable, imminent, and irreparable injury" absent the injunction. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: September 28, 2023, Case #: 03-21-00571-CV, Categories: Immunity, Jurisdiction, Injunction
J. Theofanis finds that the district court properly ruled to uphold the Texas Board of Nursing's decision to temporarily suspend a nurse's license for misconduct. On appeal, the nurse argues that the board failed the follow its own rules when determining a punishment for her improper acts and acted arbitrarily and capriciously in suspending her license. However, the nurse failed to preserve this issue for appeal, therefore making her claim invalid for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: September 28, 2023, Case #: 03-22-00658-CV, Categories: Government, Licensing
J. Theofanis grants a restaurateur’s petition for mandamus relief in a business practices suit she filed against her business partners. The partners obtained a restraining order against the restaurateur, ordering her to re-deposit funds into the business's bank account and not restrict the partners' access to the business. Because the order failed to set a bond amount as required under the civil code, it was improper and should be vacated.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 31, 2023, Case #: 03-23-00484-CV, Categories: Restraining Order, Business Practices
J. Theofanis finds that the trial court properly ruled to civilly commit the man as a sexually violent predator following a jury trial. The man argues that the trial court erred in rejecting his request to instruct the jury that he is “presumed not to be a sexually violent predator.” However, because he failed to object to the omission of the statement during the trial, this issue is waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00128-CV, Categories: Civil Procedure, Commitment
J. Theofanis finds that the trial court properly denied a company’s motion for a temporary injunction in a contract case filed by the owners of a casino in Mexico. The trial court stayed the case pending the outcome of a similar case between the parties in a Mexican case and denied the company’s motion for a temporary injunction. The temporary injunction would not have protected the company from any imminent irreparable harm. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00226-CV, Categories: Corporations, Partnerships, Injunction
J. Theofanis finds that the trial court improperly ruled in part in a contract dispute between Austin JSB and Otwell Realty, real estate firms that share an easement. Otwell asserted that Austin JSB violated the terms of the easement by constructing a tram that allows access to a shoreline on the property. The trial court agreed and found that the tram was a violation of the contract. Reviewing the terms of the easement, it can be concluded that Austin did have a right to install the tram. However, Otwell was not statutorily required to seek a trespass-to-try-title, so the trial court did not err in such regard. Reversed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 18, 2023, Case #: 03-22-00459-CV, Categories: Property, Real Estate, Contract
J. Theofanis finds the trial court properly in part ruled in a breach of fiduciary duty case brought by the owners of a condominium against the condominium firm. The trial court issued a default judgment against the firm, awarding the owners of the condominium damages and portions of an insurance payout that they alleged was owed to them but withheld by the firm. The default judgment against the firm is supported by the evidence; however, the owners failed to carry their burden to prove that damages were warranted in the case. Therefore, the award of damages was improper. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00491-CV, Categories: Insurance, Damages, Fiduciary Duty
J. Theofanis finds that the trial court improperly ruled against a tenant in a forcible detainer suit filed against her by an apartment complex. After the trial court ruled to force the tenant off the premises, she appealed, arguing that the apartment complex had not complied with statutory requirements to notify her to leave the property. The apartment complex did not give timely notice, thus rendering the trial court’s decision improper. Reversed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00070-CV, Categories: Landlord Tenant, Property, Housing
J. Theofanis denies an investment firm's request to appeal the trial court's denial of its motion for summary judgment in a lease dispute. Allowing for the firm to appeal the trial court's ruling would be of no benefit to the parties, nor would it lead to a conclusion of the litigation. Denied.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 3, 2023, Case #: 03-23-00306-CV, Categories: Civil Procedure, Contract
J. Theofanis finds that the trial court improperly ruled in part in a breach of fiduciary duty suit brought by the founder of a software firm against a purchaser in the company’s interest. The firm’s founder alleges the purchaser entered into contracts without his consent and improperly transferred the firm's assets. There was sufficient evidence that the founder is entitled to damages. Reversed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: July 27, 2023, Case #: 03-22-00034-CV, Categories: Corporations, Damages, Fiduciary Duty
J. Theofanis finds the trial court properly ruled to terminate a father’s parental rights to his child. The content of the father’s objection has not been included in the record for review. Therefore, there is no evidence to suggest that the court erred in its decision. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: July 21, 2023, Case #: 03-23-00171-CV, Categories: Family Law