Agere Systems, Inc. sued Sony Corporation on a patent infringement theory claiming that Sony willfully infringed on a patent owned by Agere Systems used in Sony's "mylo Personal Communicators," "network Walkman audio players" and "PlayStation Portable." The patent, entitled "Data Protocol and Method for Segmenting Memory for a Music Chip," was issued in 1997 and is owned by Agere Systems. Plainti... More...   $18500000 (11-19-2008 - TX)

We have considered the AJoint Motion to Set Aside Judgment and Remand Pursuant to Settlement@ filed by appellant and appellees. It is the court=s opinion that the motion should be granted. Accordingly, without regard to the merits, we vacate the trial court=s judgment and remand the case to the trial court for rendition of a judgment in accordance with the parties= settlement agreement. See Tex... More...   $0 (11-13-2008 - TX)

This appeal involves a divorce that included litigation between not only the husband and wife but also a closely-held corporation owned solely by the husband and wife and a competing corporation for which the wife went to work after the divorce proceedings began. In a single issue consisting of three distinct complaints or subissues, appellant Kimberly Norwood a/k/a Kimberly Elliott[2] challenges... More...   $0 (11-13-2008 - TX)

Appellants Sharon Jordan, as Next friend of Michael Mashburn (Jordan), and Michael Mashburn, individually (Mashburn) (sometimes collectively, Mashburn), appeal from a summary judgment rendered for appellees Joseph Daniels, D.O., Joseph Daniels, D.O., P.A., and American Orthopedic Neurological Rehabilitation Center (collectively, Dr. Daniels) on Mashburn=s medical malpractice claims. In three issu... More...   $0 (11-13-2008 - TX)

The trial court granted the combined traditional and no-evidence motion for summary judgment of appellee, Robert Salmons. In his sole issue, appellant, Juan Lara-Robledo, contends that he presented sufficient evidence to create a genuine issue of material fact on the issue of partnership liability. We affirm.Facts

Lara-Robledo cut his hand with a saw while working on a residential... More...   $0 (11-15-2008 - TX)

Appellant, Marie Pfistner Delahoussaye, appeals from a judgment in favor of appellee, Lisa Delahoussaye Kana. Delahoussaye filed suit against Kana seeking return of real property, actual damages, exemplary damages, and attorney’s fees. After a jury trial, the trial court rendered a take-nothing judgment in favor of Kana, in accordance with the jury’s verdict. In six issues, Delahoussaye assert... More...   $0 (11-15-2008 - TX)

Appellant, Bio Landscape & Maintenance, Inc. ("Bio"), challenges the trial court's judgment entered in favor of appellee, Salle Morse, and Sid Morse, in the Morses' suit against Bio for breach of contract. In its sole issue, Bio contends that the trial court erred in allowing an undisclosed witness to testify.

We affirm.

Procedural Background

After the trial court found that B... More...   $0 (11-15-2008 - TX)

Appellants, the State of Texas (Athe State@) and the City of Rosenberg, Texas (Athe City@), bring this interlocutory appeal challenging the trial court=s order denying their pleas to the jurisdiction in a suit for inverse condemnation brought by appellees, Badruddin and Samina Bhalesha (Athe Bhaleshas@). We reverse the trial court=s order and render judgment granting appellants= pleas to the juri... More...   $0 (11-07-2008 - TX)

This appeal involves a claim for defamation. Appellant, Jose Elias Zepeda, Sr., appeals the trial court's granting of a no-evidence motion for summary judgment in favor of appellees, Industrial Site Services, Inc. and Richard O. Gingrich, Jr. By two issues, Zepeda contends that the trial court erred in granting appellees' no-evidence motion for summary judgment. We affirm.

I. Factual and P... More...   $0 (11-07-2008 - TX)

On remand from the Texas Supreme Court, we address the contentions made by appellant, Ricardo Barrera, M.D., that the trial court erred: (1) in granting a motion to extend the expert report deadline filed by appellees, Isela Rico and Manuel Rico, individually and as parents and next friends of Gloria Rico., a minor (collectively "the Ricos"); and (2) in denying Barrera's motions for sanctions and... More...   $0 (11-07-2008 - TX)

By petition for writ of mandamus and interlocutory appeal, Relator/Appellant Citizens National Bank challenges the trial court's order denying its motion to compel arbitration and stay the underlying proceedings. (1) We deny the Bank's petition for writ of mandamus and affirm the trial court's order.

Background

The underlying dispute arises from the Bank's alleged misappropriation an... More...   $0 (11-07-2008 - TX)

In this interlocutory appeal of the trial court’s denial of the City of Midlothian’s (Midlothian) plea to the jurisdiction, we decide if Texas Water Code section 11.086(a) expressly waives governmental immunity for Appellee Letha Black’s water code violation claim and then consider her alternative inverse condemnation claim. We hold that Midlothian is immune and that Black’s inverse conde... More...   $0 (11-07-2008 - TX)

Michael Reeves failed to appear for two hearings on his motion for new trial/motion to reinstate. The trial judge imposed a sanction against Reeves of $500 payable to Crawford Insurance Company. Reeves appeals the sanction order. We affirm the trial court's judgment.

The law is well established that to present an issue to this Court, a party's brief shall contain, among other things... More...   $0 (11-07-2008 - TX)

Pete Rozelle, Jr. appeals the trial court's orders granting summary judgment in favor of Barbara K. Fellows, David Brock, and E. Edd Pritchett and declaring that Fellows and Brock are the owners of a tract of land in Kendall County. Because Rozelle's claim of ownership as the alleged beneficiary of an alleged express trust is barred by the statute of frauds, we affirm the trial court's orders.More...   $0 (11-07-2008 - TX)

Maria Graciela Saenz Martinez, Individually and as Trustee for the Rolando Rafael Trust, and Pedro I. Saenz Jr. (“appellees”) sought to enforce a mediated settlement agreement by filing traditional and no evidence motions for summary judgment. The trial court granted the motions and Rolando Rafael Saenz (“Saenz”) appeals. We affirm the trial court’s judgment.



BackgroundMore...   $0 (11-07-2008 - TX)

This is an appeal from a summary judgment that presents limitations issues. For the reasons explained below, we will affirm the judgment.

Spouses Hugh T. ("Tex") Mitchell, III and Janice K. ("Kim") Mitchell own residential property at 6206 Burns Street in Austin. Immediately behind the Mitchells' property is property owned by Terrell Timmerman at 6215 North Lamar. On Timmerman's property, ... More...   $0 (11-07-2008 - TX)

In this landlord tenant dispute, appellant Larry Lugo appeals from the take nothing judgment entered by the trial court after trial to the bench. Lugo asserts that there was error in the trial court's judgment because the evidence was sufficient to establish grounds for eviction and monetary damages due to nonpayment of rent. Lugo also asserts that the trial court erred in failing to award attorn... More...   $0 (11-10-2008 - TX)

In a single issue, Appellant Clemencia AguilarCwho is the plaintiff in the underlying litigationCcontends that the trial court erred by granting a take nothing default judgment against her.

Aguilar filed suit against Appellees Autobuses Lucano, Inc. and Lucano Transports for personal injuries she sustained as a passenger on one of Appellees= buses when the bus struck another vehicle. At th... More...   $0 (11-10-2008 - TX)

In this interlocutory appeal, Appellants Azle Manor and Azle Manor I, L.L.C. challenge the trial court=s order denying their motion to dismiss Appellee Harold Vaden=s medical malpractice claim for failure to file an adequate expert report under civil practice and remedies code section 74.351. We affirm in part and reverse and render in part.

... More...   $0 (11-10-2008 - TX)

Appellants Progressive Child Care Systems, Inc., Karry L. Dunn, and Heather Dunn[2] appeal the trial court=s judgment based on a jury verdict in favor of Appellees Kids >R= Kids International, Inc. and Patrick D. Vinson[3]. The verdict awarded Kids >R= Kids past-due and future royalty payments related to two franchise agreements. In three issues, Progressive argues that there was legally and fac... More...   $1384008 (11-07-2008 - TX)

Weldon and Thena Kennedy, their daughter Sheridan Watson, and her husband Larry (collectively AAppellants@) appeal from the trial court=s grant of summary judgment for Appellee Bobby J. Tipton. Because we hold that the trial court did not err by granting summary judgment, we affirm the trial court=s judgment.

I. Facts and Procedural History

Weldon owns J.W. Kennedy, Inc. (AJWK@... More...   $0 (11-06-2008 - TX)

Tina Lewallen sued City of Beaumont on a civil rights theory, 42 U.S.C. 2000e, claiming that the administration of the police department passed her over for promotions because she is a woman.

The claims were under 42 USC sec. 1983 (for equal protection under the 14th amendment to the US Constitution) and under the Texas Labor Code. It was not a Title VII action, which is what you wrote (t... More...   $0 (11-08-2008 - TX)

In this interlocutory appeal, appellants, Haroon Ismail Patel, M.D., Paul E. Stobie, M.D., and SheilaYvonne Owens-Collins, M.D., appeal the denial of their motion to dismiss a medical negligence lawsuit filed by appellee, Trena Rodriguez, individually and as representative for the estate of Corina Renee Gutierrez, deceased. (1) By various issues and sub-issues, appellants contend the trial court ... More...   $0 (10-31-2008 - TX)

In this interlocutory appeal, LA Ash, Inc., appeals the grant of Texas A&M University’s plea to the jurisdiction. LA Ash contends in two issues that the trial court abused its discretion in dismissing its suit against A&M. We must decide if LA Ash affirmatively demonstrated that Texas Government Code chapter 2253, commonly called the McGregor Act, which establishes a waiver of sovereign immuni... More...   $0 (10-29-2008 - TX)

Appellants, Chad Poole and Terry Fendley, filed this interlocutory appeal after the trial court issued a temporary injunction prohibiting them from subsequent employment in the gold coin industry for a period of three years. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon 2008). We hold that, while the trial court did not abuse its discretion in granting a temporary injunction to pre... More...   $0 (10-31-2008 - TX)

Elizabeth J. Louviere and Kevon M. Louviere appeal the summary judgment granted in favor of Hearst Corporation, Hearst Newspapers Partnership, II, L.P., d/b/a Beaumont Enterprise, Craig Stark, and David Pero. The Louvieres contend the trial court erred in granting judgment for the defendants on Elizabeth Louviere's Sabine Pilot claim of wrongful discharge. See Sabine Pilot Serv., Inc. v. Hauck, 6... More...   $0 (10-31-2008 - TX)

This case involves the allegedly faulty construction of a bulkhead. After a bench trial, the court rendered a take-nothing judgment against the plaintiff, who then appealed. We affirm.

I. BACKGROUND

Thomas L. Tarbox contracted with Dave Thomson, doing business as Waterside Construction and Engineering, to build a steel bulkhead on Tarbox's waterfront lot located on Lake Livingston in... More...   $0 (10-31-2008 - TX)

Appellant, Beverly Foster Turner, brings this appeal of a judgment awarding Kelly Foster Hendon damages and declaring a deed that conveyed property to Turner void and unenforceable in favor of Appellee. We reverse the judgment of the trial court and render judgment for Turner.

I. BACKGROUND

Turner is the daughter of the late Gladys Foster. Hendon and her sister, Courtney Alsobrook, ... More...   $0 (10-31-2008 - TX)

Appellant It’s the Berry’s, LLC d/b/a Mary Ellen’s (Berry’s) complains of a district court judgment granting possession of its leasehold to its landlord, appellee Edom Corner, LLC. Brought as an action for forcible detainer in justice court, the case was transferred to district court and there tried as though that court possessed original subject matter jurisdiction. Finding the district c... More...   $0 (10-28-2008 - TX)

Appellants Triad Realty Services, Ltd., et al., appeal from the trial court's order dismissing their claims against appellee with prejudice. In two issues, appellants argue that appellee's pro se letter to the trial court waived a subsequent special appearance and the trial court erred in dismissing appellants' claims with prejudice. For the following reasons, we reverse and remand.

Backgro... More...   $0 (10-29-2008 - TX)

Appellants, Maurice Amidei and Sierra Land & Minerals, Inc., contend the trial court erred in granting Presto Tierra, Ltd.’s plea to the jurisdiction. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the judgment of the trial court in this memorandum opinion under Texas Rule of Appellate Procedure 47.4.

Amidei and Sierra ar... More...   $0 (10-29-2008 - TX)

Appellant, Stephen E. Tanner, appeals from a domesticated judgment enforced against him under the Texas Uniform Enforcement of Foreign Judgments Act ("UEFJA") (1) and the entry of a turnover order that included the appointment of a receiver and a master in chancery. (2) We determine (1) whether the trial court abused its discretion in denying Tanner's motion to dismiss the UEFJA action and in iss... More...   $0 (10-31-2008 - TX)

n these two appeals and mandamus, we must decide the effect of nonsuits and the res judicata effect of a county-court-at-law judgment on a related lawsuit in district court. We affirm the county-court appeal, reverse the district-court appeal, and dismiss as moot the mandamus proceeding.

Facts

The underlying controversy arises out of a 2001 contract between appellant C/S Solutions, I... More...   $0 (10-31-2008 - TX)

In this breach-of-contract case, appellant RSM Production Corporation, a Texas -corporation (ARSM@), appeals a take-nothing summary judgment in favor of appellees, Vintage Petroleum, Inc., a Delaware corporation (AVintage@), and Devon Energy Corporation, a Delaware corporation, successor to Santa Fe Energy Resources, Inc. (ADevon@ and ASanta Fe,@ respectively). Concluding a genuine issue of mater... More...   $0 (10-23-2008 - TX)

The Donna Independent School District, the Donna Independent School District Board of Trustees, and Joe Gonzalez, superintendent of schools, (collectively referred to as "the District") bring this interlocutory appeal of the trial court's denial of the District's plea to the jurisdiction of a suit filed by Damon Gracia, appellee. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008). ... More...   $0 (10-26-2008 - TX)

Appellant, Lorenzo Gomez, challenges the trial court's summary judgment in favor of appellees, Vertex Aerospace, LLC ("Vertex"), The Boeing Company ("Boeing"), and McDonnell Douglas Corporation ("McDonnell Douglas"). Gomez sued appellees, his former employers, alleging employment discrimination. The trial court granted summary judgment dismissing all of Gomez's claims against all defendants. On ap... More...   $0 (10-24-2008 - TX)

Credit Suisse Securities (USA) LLC and Deutsche Bank Securities, Inc., (collectively, "the Banks") appeal the granting of a temporary injunction in a suit brought against the Banks by Huntsman Corporation. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon 2008). We hold that the trial court did not abuse its discretion by issuing the temporary injunction. Accordingly, we affirm the tria... More...   $0 (10-24-2008 - TX)

Veronica Montes appeals from a summary judgment granted in favor of Dr. Jorge Villarreal on the affirmative defense of limitations. We must decide whether her attorney exercised due diligence in requesting service of process four months after the statute of limitations had expired. We conclude that he did not. For the reasons that follow, we affirm.

FACTUAL SUMMARY

On March 13, 2003,... More...   $0 (10-24-2008 - TX)

James and Joyce Driskill's 1993 Lincoln Town Car caught fire in 2003, while turned off and parked in the garage at their house. The fire spread to the Driskills' house, destroying most of their personal belongings. A subsequent investigation determined that the fire originated in the left rear area of the car's engine compartment. Ultimately, the Driskills filed suit in Van Zandt County, Texas, (1... More...   $0 (10-26-2008 - TX)

The 8,000-square-foot dream home of Roger and Linda Hooper, and the lawsuit that arose out of the construction of the house, became a nightmare for them, as well as for the builder of the house, Bobby Smallwood, individually and d/b/a Bobby Smallwood Construction Company, Inc., and concrete subcontractor, Robert Skinner. The central question in this case is where the blame should be placed for the... More...   $0 (10-24-2008 - TX)