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Civil Procedure Law

We issued an opinion in this case on December 30, 2014, affirming the trial court’s judgment. Appellant, Rick Wood, subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing,
withdraw our earlier opinion and associated judgment, and issue this substitute opinion and judgment in their stead.
This is an appeal from a Travis... More...
   $0 (03-05-2015 - TX)

In the Interest of Y.H.T., A.M.T. and R.S.T., Children

In two issues, appellant, Teisa I. Tupou-Pati, challenges the trial court’s dismissal
of her petition seeking managing conservatorship of her grandchildren, Y.H.T., A.M.T.,
and R.S.T. Because we agree that appellant lacked standing to file suit in this matter,
and because we conclude that the trial court did not abuse its discretion by denying
appellant’s motions for new trial ... More...
   $0 (03-05-2015 - TX)

In Re Commitment of Robert Becker

The State of Texas filed a petition to commit Robert Becker as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2014). A jury found that Becker is a sexually violent predator and the trial court rendered a final judgment and an order of civil commitment. In two appellate issues, Becker challenges the admission of certain evidence. We affirm the t... More...   $0 (03-05-2015 - TX)

Tract 19051 Homeowners Association v. Maurice Kemp

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (hereafter the CID Act).1 The CID Act applies to
1 In 2012, subsequent to all of the lower court proceedings in this matter, the CID Act was recodified.... More...
   $0 (03-05-2015 - CA)

Antonio Pulido v. Alfred Robert Pereira, Jr.

This action began as one by several neighboring property owners to establish an easement for the purpose of access to their properties over land owned by Alfred Robert Pereira, Jr. (appellant). The property owners brought the action in 2007, following Pereira’s purchase of his property in 2006 and subsequent blocking of the entrance to Quartz Hill Drive, over which the neighbors claimed they had... More...   $0 (03-05-2015 - CA)

Bonnie DuBeck v. California Physicians' Service

In September 2006, respondent California Physicians’ Service, doing business as Blue Shield of California (Blue Shield), canceled appellant Bonnie DuBeck’s medical insurance policy, claiming DuBeck had made material misrepresentations in her application and concealed that she had undergone a fine needle aspiration for a lump in her breast several days before submitting the application.1 At the... More...   $0 (03-05-2015 - CA)

Estate of Darius Pinex v. Raoul Mosqueda and Gildardo Sierra

Chicago, IL - The Estate of Darius Pinex, Darius Pinex, Dalyla Miller, Darrionnna Pines and Tiara Miller sued Chicago police officers Raoul Mosqueda and Gildardo Sierra on civil rights violation theories under 42 U.S.C. 1983 claimed that the officers used excessive force when they shot and killed Pinex and wounded a passenger in his car during a traffic stop on the south side in 2011.... More...   $0 (03-05-2015 - IL)

In the Interest of J. M., a minor child

K.M. appeals from the trial court’s judgment terminating her parental rights to her daughter, J.M. In two issues, K.M. contends that (1) the trial court erred in failing to timely appoint her counsel and (2) the evidence was legally insufficient to support the termination of her parental rights. We affirm.
In August 2013, when J.M. was six months old, the Department of F... More...
   $0 (03-05-2015 - TX)

Eugenia Woodard v. Fortress Insurance Company and Ronnie Elmore, D.D.S.

Appellant, Eugenia Woodard, filed suit against appellees, Ronnie Elmore, D.D.S. and Fortress Insurance Company, alleging injuries following some dental work. Fortress Insurance obtained a summary judgment in its favor. Dr. Elmore obtained a dismissal of the claims against him based on Woodard’s failure to file
an expert’s report. In her pro se brief on appeal, Woodard complains about... More...
   $0 (03-05-2015 - TX)

James T. Dreiling and Silveroak Land Company, L.P. v. Security State Bank & Trust

Security State Bank & Trust, appellee, sued James T. Dreiling, appellant, for deficiency on a note following a foreclosure. Silveroak Land Company, L.P., appellant, filed a plea in intervention. Security State filed a motion to strike the intervention and a motion for summary judgment on its claim against Dreiling. The trial court granted both motions. On appeal, Silveroak argues the trial court a... More...   $0 (03-05-2015 - TX)

United Stats of America v. Laquentin Brown aka “Nino”

WASHINGTON – Today, Laquentin Brown, aka “Nino,” 32, originally of Memphis, Tennessee, pleaded guilty to conspiring to engage in sex trafficking of adult victims in New Orleans and elsewhere, announced Acting Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division and United States Attorney Kenneth Allen Polite Jr. of the Eastern District of Louisiana. Br... More...   $0 (03-04-2015 - \P)

Heritage Constructors, Inc. v. Chrietzberg Electric, Inc., and Richard Marc Chrietzberg

The deadline was looming for aspiring prime contractors to submit their bids to TexAmericas Center to build a wastewater treatment plant on its property in Bowie County. The subcontract bid of Chrietzberg Electric, Inc. (Electric) submitted at the last minute by Richard Marc Chrietzberg (Chrietzberg) to aspiring prime contractor Heritage Constructors, Inc. (Heritage), for the electrical portion of... More...   $0 (03-04-2015 - TX)

Associated Air Center LP, et al v. Tary Network, LTD, et al

Tary Network Ltd. and Citadella International Group Ltd. sued appellants Associated Air
Center LP, Associated Air Center International, Inc. and DAE Aviation Holdings, Inc. d/b/a
Dubai Aerospace for alleged breaches of obligations under letters of intent regarding the interior
finish-out of luxury jet airplanes. As a result of a pretrial sanction for discovery misconduct,
appellant... More...
   $0 (03-04-2015 - TX)

Ex parte Erin Jui

The Bexar County Sheriff’s Office (the “Sheriff’s Office”) appeals the trial court’s order expunging all records concerning Erin Jui’s arrest for theft. In a single issue, the Sheriff’s Office contends the trial court’s expunction order is not supported by legally sufficient evidence. We affirm the trial court’s order.
The Sheriff’s Office contends Jui was not entitled to e... More...
   $0 (03-04-2015 - TX)

Bobie Kenneth Townsend v. Montgomery Central Appraisal District, Montgomery Central Appraisal District, Chief Appraiser Mark Castleschouldt, Appraisal Review Board of Montgomery County, Texas and Appraisal Review Board of Montgomery County, Texas Chairman Terry Bowie

In this case concerning a homeowner’s tax protest, the trial court dismissed
most of the homeowner’s claims for lack of subject-matter jurisdiction and granted
summary judgment to the appraisal district on the homeowner’s remaining claim
regarding his 2011 property taxes. The homeowner challenges these rulings, and
additionally argues that the trial court erred in faili... More...
   $0 (03-03-2015 - TX)

State ex rel. Tim Harris, District Attorney, v.2011 Honda

¶1 In a civil forfeiture action for possession of a 2011 Honda Accord, the district court granted summary judgment in favor of the claimants/appellees, Craig and Pam Bickle. The issue is whether the "innocent owner" defense is available to innocent joint owners of a vehicle when one of the joint owners has committed an offense subjecting a vehicle to forfeiture. After de novo review, we hold that... More...   $0 (03-03-2015 - ok)

South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener v. Kitten Family Living Trust

Appellants, South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener (collectively “SPLR”), appeal from a property dispute decided in favor of Appellee, Kitten Family Living Trust (hereinafter the “Trust”), following a jury trial. In support, SPLR asserts (1) the evidence is legally and factually insufficient to support the jury’s finding that the parties reached an agreement for the Tr... More...   $0 (03-03-2015 - TX)

In the interest of A. B., et al a child

Mother appeals the trial court’s termination of her parental rights to her children, A.B. and D.Y. She argues that the trial court abused its discretion by basing the termination decree on a Rule 11 agreement that is void because of mutual mistake. She also argues that the decree contains errors and terms not contained in the Rule 11 agreement and should be reformed. For the reasons that follow,... More...   $0 (03-03-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

Felicia Nicole Jones v. Macy's, Eric Limbocker, Citibank, and Houston Federal Credit Union

Pro se Appellant Felicia Nicole Jones sued Macy’s and a local store manager, Eric Limbocker, alleging that she was injured during her visit to a
Macy’s shoe department when Limbocker dropped metal shoe racks on the floor.1 Although not expressly identified as defendants in her petition or in the style of the case, Jones referenced Citibank, Houston Federal Credit Union (“HFCU”), ... More...
   $0 (03-03-2015 - TX)

Chris Wilmot v. Harry A. Bouknight, Junior

Appellee, Harry A. Bouknight, Jr., sued appellant, Chris Wilmot, for fraudulent inducement relating to an employment contract and, following a bench trial, the trial court rendered judgment in Bouknight’s favor. In five issues on
appeal, Wilmot challenges the trial court’s judgment, arguing that (1) Bouknight’s fraudulent inducement claim fails as a matter of law; (2) the evidence ... More...
   $0 (03-03-2015 - TX)

Penny Sheehan v. Red Robin International, Inc.

Tulsa, OK - Penny Sheehan sued Red Robin International, Inc. on a negligence theory claiming:

COMES NOW Plaintiff, and for her claim against Defendant alleges and states as follows:
1. Plaintiff, Penny Sheehan, is a resident of the City of Collinsville, Tulsa County.
2. Defendant, Red Robin International Inc., at all times relevant was foreign for profit businesses, with a store l... More...
   $0 (03-02-2015 - OK)

Big Wood Ranch, LLC v. Water Users' Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc.

This action stems from attempts by the Water Users’ Association of the Broadford Slough and Rockwell Bypass Lateral Ditches, Inc. (Association) to collect assessments from Big Wood Ranch, LLC (BWR) for maintenance performed by the Association on the Broadford Slough (Slough) and Rockwell Bypass (Bypass), which are conduits for the delivery of surface water to property owned by BWR and some of it... More...   $0 (03-02-2015 - ID)

United State of America v. Mehran “David” Balazadeh

NEWARK, N.J. – A Middlesex County, New Jersey, man who owns and operates a pawn shop and jewelry business in North Brunswick, New Jersey, admitted concealing more than $340,000 in taxable income from the IRS, U.S. Attorney Paul J. Fishman announced.

Mehran “David” Balazadeh, 53, of North Brunswick, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal ... More...
   $0 (03-02-2015 - NJ)

Luann Shubert v. Macy's West, Inc. and Liberty Mutual Insurance Corporation

This case arose after LuAnn Shubert fell and injured her lower back while working at a Macy’s store. Shubert appeals the Idaho Industrial Commission’s order holding that she was (1) medically stable on November 21, 2007; (2) not entitled to medical benefits beyond that date; (3) not entitled to temporary disability benefits; (4) entitled to a permanent partial impairment rating of 5% of the wh... More...   $0 (02-27-2015 - ID)

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