23 results for 'judge:"Trotter"'.
J. Trotter finds that the lower court properly granted summary judgment to the appellee in this breach of contract case but improperly awarded attorney fees. Accordingly, the fee issue is remanded to determine the amount of reasonable fees to be awarded, if any. Additionally, the award for appellate fees is due to be reversed, as the appellee acknowledges "there is no proof in the record" supporting the award. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: May 9, 2024, Case #: 11-23-00036-CV, Categories: Attorney Fees, Contract
J. Trotter finds that the lower court properly terminated the parental rights of the mother. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The evidence shows that the mother failed to comply with her family service plan and also shows that the child expressed a desire to be adopted. Additionally, the child's behavior had "greatly improved" while living with a relative. The court further concludes that "this parent-child bond is fundamentally broken." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: April 11, 2024, Case #: 11-23-00258-CV, Categories: Evidence, Family Law
J. Trotter finds in this accelerated appeal that the lower court properly terminated the parental rights of the mother to her four children. Contrary to the mother's argument on appeal, the evidence sufficiently supports the lower court's findings. She tested positive for various drugs during the pendency of the case, and two of the children tested positive for illegal drugs. Also, she denied that she had a drug problem. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 28, 2024, Case #: 11-23-00234-CV, Categories: Evidence, Family Law
J. Trotter finds that the lower court improperly denied the city's motion for summary judgment in this workers' compensation death benefits case involving a firefighter who was diagnosed with pancreatic cancer. The court concludes that the family members "failed to carry their summary judgment burden" and rules that the firefighter "did not sustain a compensable injury in the form of an occupational disease." Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: March 7, 2024, Case #: 11-22-00273-CV, Categories: Employment, Workers' Compensation
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J. Trotter finds that the lower court improperly denied the appellants' dismissal motion in this health care liability lawsuit based on the appellee's alleged failure to timely serve them with the expert report and curriculum vitae. The appellee "failed to timely effectuate service of her expert reports" as required, and the parties did not agree to an extension. Reversed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: February 8, 2024, Case #: 11-23-00027-CV, Categories: Civil Procedure, Health Care, Experts
J. Trotter grants the relator's petition for writ of habeas corpus in this case involving a discovery dispute. The lower court found her in contempt for allegedly failing to comply with a discovery order. However, the relator is entitled to the requested relief, because the lower court failed to promptly issue "a written contempt judgment or a written commitment order as required."
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: December 21, 2023, Case #: 11-23-00261-CV, Categories: Contempt, Discovery
J. Trotter finds that the lower court properly awarded possession of the property to the appellee bank in this forcible detainer action. The pro se appellant's issues relate to title, as opposed to the right to immediate possession. The court notes that the title issue is "not so integrally linked to the issue of immediate possession such that possession may not be determined without first determining title." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: December 14, 2023, Case #: 11-22-00240-CV, Categories: Real Estate, Banking / Lending
J. Trotter finds that the lower court properly granted summary judgment to the city in this case arising from a citizen's use of residential property, which allegedly violated certain municipal code provisions. The city sought injunctive relief against the citizen, based on the alleged violations, and was eventually granted a permanent injunction, following multiple continuances. The citizen challenges the validity of the city's nuisance ordinance on appeal, but she failed to properly preserve the issue for review. Also, there was no error in the decision to deny her request for court-appointed counsel. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: November 30, 2023, Case #: 11-22-00209-CV, Categories: Civil Procedure, Municipal Law
J. Trotter finds that the lower court properly terminated the parental rights of the father to two children. Contrary to the father's argument on appeal, the evidence sufficiently supports the lower court's findings. The record indicates that the children had bruising and that the home was "extremely unsanitary." Additionally, the record indicates a history of domestic violence between the parents. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 19, 2023, Case #: 11-23-00120-CV, Categories: Evidence, Family Law
J. Trotter finds that the lower court properly entered a judgment clarifying and enforcing portions of the parties' divorce decree. Contrary to the appellant's argument, the "voluntary-payment rule does not apply" in this case. Additionally, the clarification order is sufficiently supported by the evidence. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 19, 2023, Case #: 11-22-00204-CV, Categories: Family Law, Property
J. Trotter finds that the lower court improperly awarded attorney fees to the appellee in this enforcement proceeding following the parties' divorce. The evidence was insufficient to support the award, as it was "too generalized." The issue of attorney fees is accordingly remanded for further consideration. The lower court's clarification order is affirmed, however. Reversed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: October 5, 2023, Case #: 11-22-00201-CV, Categories: Family Law, Attorney Fees
J. Trotter finds in this accelerated appeal that the lower court properly terminated the mother's parental rights to the child. Contrary to the mother's argument on appeal, the evidence sufficiently supports the best interest finding. The record indicates that there was domestic violence and drug use in the home, as well as reports of sexual abuse. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: September 14, 2023, Case #: 11-23-00138-CV, Categories: Evidence, Family Law
J. Trotter finds that remand is appropriate in this case concerning "the interpretation of a 1924 deed." A separate case involving "an identical dispute over mineral interests" was previously appealed to the Texas Supreme Court, and that case was remanded to the trial court for further proceedings. The lower court should have the chance to consider this dispute "in light of the supreme court's holding." Vacated.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: September 14, 2023, Case #: 11-19-00195-CV, Categories: Civil Procedure, Energy, Real Estate
J. Trotter finds that the lower court properly rendered a judgment against the pro se appellants for allegedly delinquent property taxes. On appeal, they challenge the lower court's jurisdiction over the tax matter. However, their standing arguments fail, and they fail to show "that service was never issued." Also, they did not apply for a tax exemption. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: August 3, 2023, Case #: 11-22-00198-CV, Categories: Real Estate, Tax, Jurisdiction
J. Trotter finds that the lower court properly rendered judgment for common law fraud and awarded benefit-of-the-bargain damages in this case involving "a business deal gone awry." Contrary to the appellants' argument, the evidence sufficiently supports the lower court's finding. The evidence shows that they made false representations "regarding the partnership and its structure." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 20, 2023, Case #: 11-22-00072-CV, Categories: Evidence, Fraud, Business Practices
J. Trotter finds that the lower court properly denied the appellant's pro se petition for expunction. On appeal, he contends that he was denied an opportunity "to participate in a hearing to present facts" in support of his petition. However, his presence was not required to resolve the issue of expunction, and there is no "absolute right" for an inmate to appear in person for a civil proceeding. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 13, 2023, Case #: 11-22-00129-CV, Categories: Civil Procedure, Public Record
J. Trotter finds that the lower court properly denied the appellant's motion to dismiss as it relates to the tortious interference claim against him but improperly denied his motion in connection with a civil conspiracy claim. The appellee company "met its prima facie burden on its cause of action for tortious interference with a contract." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: June 15, 2023, Case #: 11-22-00321-CV, Categories: Civil Procedure, Interference With Contract
J. Trotter finds that the lower court properly granted summary judgment to the appellees and ruled that a correction deed is "valid and enforceable" in this lawsuit involving the division of a mineral interest. Contrary to appellants' argument, the 1960 deed is not void. For a correction deed to be valid, there is not a "requirement that an error or ambiguity must exist in the original deed." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: June 8, 2023, Case #: 11-21-00201-CV, Categories: Energy, Real Estate