24 results for 'judge:"Triana"'.
[Consolidated.] J. Triana finds that the trial court properly issued a temporary injunction in favor of the parents of a transgender child against the Texas Department of Family and Protective Services. The parents sued the department to block it from conducting a child abuse investigation into their decision to provide gender-affirming care to their child. Governmental immunity does not bar the parents' suit. "The families or transgender children have the fundamental right to direct their children's medical care without fear that they will be investigated." Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: March 29, 2024, Case #: 03-22-00420-CV, Categories: Government, Jurisdiction, Lgbtq
J. Triana finds that the trial court properly ruled to terminate a mother's parental rights to her child. The mother's court-appointed counsel has submitted a brief stating that the appeal is without merit. Upon review of the case, it can be concluded that nothing in the record contradicts the court's ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: February 28, 2024, Case #: 03-23-00805-CV, Categories: Family Law
J. Triana finds that the district court improperly ruled to grant a father’s motion to modify a conservatorship agreement regarding his child. Changing the agreement would not be in the child's best interest and the father failed to support his argument with evidence. Reversed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: December 21, 2023, Case #: 03-22-00452-CV, Categories: Family Law
J. Triana finds the trial court properly ruled in favor of an engineering firm in a case it filed against its co-owner, alleging that he mishandled company assets. On appeal, the co-owner argues that the trial court erred in denying his motion to compel arbitration because a valid arbitration agreement exists. While an agreement does exist, it is not valid because only one party has signed it, thus rendering it unenforceable. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: December 21, 2023, Case #: 03-22-00155-CV, Categories: Arbitration, Corporations, Business Expectancy
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J. Triana finds the trial court properly ruled in favor of a nicotine products manufacturer in a tax refund suit it filed against the state comptroller claiming that it is exempt from paying a state tobacco tax because the products do not contain tobacco. The products are not “made of tobacco” and are therefore not subject to the state’s tax. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: December 14, 2023, Case #: 03-22-00188-CV, Categories: Tax
J. Triana denies an ex-boyfriend’s motion for rehearing in this matter concerning a lifetime order of protection. The lower court found there was reason to believe that the ex-boyfriend was stalking his ex-girlfriend after their volatile relationship ended, and that a lifetime protective order is necessary to protect her and her family. Evidence is sufficient to support the lower court’s finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: November 22, 2023, Case #: 03-22-00071-CV, Categories: Evidence, Restraining Order
J. Triana finds that the district court properly ruled in part in a suit brought by the Texas Medical Board against a former candidate running for a U.S. Congressional seat for allegedly holding himself out as a physician in the state without holding a license to practice medicine. The board issued a cease and desist to the candidate, ordering him to not refer to himself as a doctor. The candidate failed to file his appeal against the dismissal of his claims against the cease and desist order, thus rendering them invalid. However, the candidate is entitled to his constitutional challenge of the state statute cited by the medical board. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: October 31, 2023, Case #: 03-22-00205-CV, Categories: Constitution, Health Care, Licensing
J. Triana finds that the trial court properly issued a protective order against an ex-boyfriend, preventing him from communicating or interacting with his former girlfriend. The harassing comments made by the ex-boyfriend do not constitute a protected form of speech since they were solely communicated to "inflict emotional distress". Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: October 13, 2023, Case #: 03-22-00071-CV, Categories: Restraining Order, First Amendment
J. Triana finds the trial court properly ruled to terminate a mother's and father's parental rights to their child. On appeal, the parent's court-appointed counsel has filed briefs seeking to withdraw the appeals for being frivolous. Based on a review of the record, the trial court's decision appears to not have an issue that would support an appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: September 28, 2023, Case #: 03-23-00375-CV, Categories: Family Law
J. Triana finds that the trial court properly ruled to terminate the parental rights of a mother and father to their daughter. During the bench trial, evidence regarding the parent's continued drug use showed that they engaged in behavior that endangered the well-being of their child. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: September 13, 2023, Case #: 03-23-00289-CV, Categories: Family Law
J. Triana finds that the trial court properly ruled to require a minor to register as a sex offender. The minor was previously found to have committed aggravated sexual assault against a child and ordered to complete a sex offender treatment program. On appeal, the minor argues that he should not be required to register as a sex offender since he completed his treatment. Because the trial court could have reasonably concluded that the minor is at a high risk of re-committing acts of sexual violence, the court did not err in requiring him to register as a sex offender. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: August 28, 2023, Case #: 03-22-00761-CV, Categories: Juvenile Law
J. Triana finds that the trial court improperly ruled in favor of an Austin resident in a damages case she filed against the local housing authority stemming from a fall she claims was due to a premises defect caused by a construction project at her building. The housing authority’s governmental immunity was not waived by the resident’s claims; therefore, the trial court should have granted its motion to dismiss. Revered.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 31, 2023, Case #: 03-22-00085-CV, Categories: Government, Immunity, Housing
J. Triana finds that the district court properly ruled in a forfeiture suit filed by the state against a resident. The state seized over $1,000 and drugs from the resident during a traffic stop. The resident failed to respond to the state’s notice of forfeiture, thus admitting to the facts presented by the state by default. He is, therefore, precluded from challenging the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 28, 2023, Case #: 03-22-00011-CV, Categories: Government, Forfeiture
J. Triana finds that the district court improperly ruled in part in a housing dispute between the owner of a rental property and a tenant who refused to leave once his lease expired. The tenant was not afforded additional time to conduct discovery on his claims that were dismissed by the district court. However, the district court acted reasonably to permanently enjoin the tenant from entering the property. Reversed in part.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 27, 2023, Case #: 03-22-00002-CV, Categories: Landlord Tenant, Housing
J. Triana finds that the trial court improperly ruled in favor of Texas residents, granting a default judgment in their favor in a breach of contract case arising out of their inability to access a vacation rental home in California. A default judgment against the California-based homeowner was granted after several failed attempts to serve him. On appeal, the homeowner asserts that the Texas residents failed to satisfy requirements under the state’s long-arm statute. The Texas residents did not properly establish the homeowner’s home or office for the purpose of serving him with the suit. Therefore, their actions were outside of compliance with the long-arm statute. Reversed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: July 13, 2023, Case #: 03-22-00322-CV, Categories: Jurisdiction, Contract
J. Triana finds the trial court properly ruled to terminate the parents' rights to their children and appoint the Texas Department of Family and Protective Services as the children's managing conservator. The evidence details a history of criminal activity and instances of domestic violence. A reasonable factfinder would believe that termination of parental rights is in the best interests of the children. Affirmed
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 29, 2023, Case #: 03-23-00042-CV, Categories: Family Law
J. Triana finds that the trial court properly ruled to terminate the parental rights of a father to his child. A reasonable factfinder would agree that termination is in the best interest of the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 28, 2023, Case #: 03-23-00111-CV, Categories: Family Law
J. Triana finds the trial court properly ruled in its final divorce decree between a husband and wife when it determined that the wife had wasted the couple's community assets and committed fraud. The former wife used the couple's assets to fund an ongoing affair, which subsequently led to the divorce. Based on these facts, it can be concluded that the former wife wasted their assets and committed fraud. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: June 13, 2023, Case #: 03-21-00517-CV, Categories: Family Law, Fraud
J. Triana finds the trial court properly ruled to terminate a mother’s parental rights to her child. When the mother appealed the court’s order, her court-appointed counsel filed a brief with the court, calling the appeal frivolous and without merit. There is no present issue to support an appeal. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: May 31, 2023, Case #: 03-22-00804-CV, Categories: Family Law
J. Triana finds the trial court properly declined to dismiss a suit brought by pro-choice groups challenging the constitutionality of Texas’ six-week abortion ban. On appeal, the anti-abortion group asserts that it satisfied its burden to prove the pro-choice group's claims violate the Texas Citizens Participation Act, an anti-SLAPP statute. The anti-abortion group fails to show that the claims against it violated its right to free speech. Affirmed.
Court: Texas Courts of Appeals, Judge: Triana, Filed On: May 26, 2023, Case #: 03-21-00650-CV, Categories: Anti-slapp, Civil Rights