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Texas Abandonment Law
 
Vasile Marincasiu v. Stpehen C. Drilling

Vacile and Stacy Marincasiu appeal the trial court’s judgment granting Stephen C. Drilling a first lien on certain real property located at 1702 Egret Lane, Southlake, Texas, 76092 (hereinafter “the Southlake Property”); allowing him to foreclose on the property; and clearing title to the land. On appeal, the Marincasius challenge the factual and legal sufficiency of the trial court’s find... More...   $0 (04-09-2014 - TX)

Drake Interiors, L.L.C. v. Andrea Marie Thomas & Robert Warren Thomas

This case involves two questions. Can an abstract of judgment create a valid lien on a home jointly managed as community property if the judgment is based on the premarital debt of only one spouse? If so, what is the effect of a homestead designation after a divorce when the property ceases to be held in community? The trial court ruled in favor of the current homeowner, declaring that the judgmen... More...   $0 (04-03-2014 - TX)

Veronica L. Davis v. James A. West and Houston Reporting Services

This is the fourth appeal arising out of two lawsuits regarding court reporter fees. In the first lawsuit filed in justice court, Houston Reporting Services (HRS) alleged that Veronica Davis, an attorney, breached her contractual obligation to pay for deposition transcripts. HRS obtained a post-answer default judgment

2

against Davis, and then used a court-appointed receiver to remov... More...
   $0 (03-27-2014 - TX)

Planned Parenthood of Greater Texas Surgical Health Services, et al. v. Attorney General Gregory Abbott, et al.

Planned Parenthood of Greater Texas Surgical Health Services and other abortion facilities and three physicians (collectively “Planned Parenthood”) sued the Attorney General of Texas and other individuals (collectively “the State”), seeking to enforce their rights and those of patients for declaratory judgment and to enjoin two provisions of

Case: 13-51008 Document: 00512576152 P... More...
   $0 (03-28-2014 - TX)

Teal Trading and Development, L.L.P. v. Champee Springs Ranches Property Owners Association

Teal Trading and Development, LP appeals from the trial court’s declaratory judgment in favor of Champee Springs Ranches Property Owners Association. The trial court’s judgment declared that Teal Trading was estopped by deed to challenge the validity and enforceability of a property restriction within its chain of title. On appeal, Teal Trading contends the trial court erred by granting Champe... More...   $0 (03-19-2014 - TX)

Brent Bates Builders, Inc. and Brent Bates, Individually v. Rahul Malhotra, Individually and d/b/a The Malhotra Law Firm; Venit Malhotra, Individually and d/b/a The Malhotra Law Firm; and Salvador Villalobos

Brent Bates Builders, Inc. and Brent Bates, individually, (collectively referred to as “Bates”) appeals from the final judgment of the trial court in favor of

2

Rahul Malhotra, individually and d/b/a the Malhotra Law Firm; Venit Malhotra, individually and d/b/a the Malhotra Law Firm; and Salvador Villalobos (collectively referred to as “Malhotra”). In one issue on appeal, Bat... More...
   $0 (03-14-2014 - TX)

Steve Frey and Lisa Frey v. CST Properties, LLC

This is an appeal from the trial court’s denial of Steve and Lisa Frey’s request for a temporary injunction to require removal of a fence and landscaping that allegedly violate a restrictive covenant and block an easement. Because the record contains conflicting evidence regarding whether the covenant and easement were breached, we conclude the trial court did not abuse its discretion in denyi... More...   $0 (02-26-2014 - TX)

In the Interest of N.A., minor child

Appellant A.E. (Anjelica) appeals the trial court’s order terminating her parental rights to her children, M.A. (Margaret) and A.A. (Allison). Appellant C.M. (Courtney) appeals the trial court’s order terminating her parental rights to her child, N.A. (Natasha). Appellant N.A. (Nigel) appeals the trial court’s order 1See Tex. R. App. P. 47.4. 2 terminating his parental rights to his children... More...   $0 (02-28-2014 - TX)

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

In this lease dispute, Cedar Contracting, Inc. and Lands & Leases, Inc. (LLI) appeal the trial court’s summary judgment declaring that Cedar Contracting’s assignment of its rights under a commercial property lease with Connie Hernandez to LLI and subsequent sublease of the property to third parties violated the terms of its lease with Hernandez. The trial court denied Cedar Contracting’s and... More...   $0 (02-21-2014 - TX)

Julia Almanza v. Johnny Salas

An ex-wife appeals the trial court’s judgment notwithstanding the verdict, asserting that residential property was not the ex-husband’s homestead and that the property was, consequently, subject to her claims against the ex-husband for fraudulent conveyance of the property under the Uniform Fraudulent Transfer Act. We affirm. 2 FACTUAL AND PROCEDURAL BACKGROUND Julia Almanza and Johnny Salas w... More...   $0 (02-11-2014 - TX)

Marilyn McKeithan v. Bradford M. Condit

Marilyn McKeithan appeals a final judgment awarding Bradford M. Condit $37,584 in damages for breach of contract, $20,000 in exemplary damages for fraud, $23,033 in attorney’s fees, and $299 in court costs. In four issues, McKeithan argues

2

the following: (1) the evidence is insufficient to support a judgment for fraud; (2) Condit is not entitled to recover both breach of contract... More...
   $0 (12-19-2013 - TX)

David Vuong and Tommy T. Nguyen v. Taiwai Luk

The trial court found appellant Tommy Nguyen liable for violating the Deceptive Trade Practices Act (“DTPA”) in the course of selling a restaurant to appellee Taiwai Luk. The trial court further found appellant David Vuong, who drafted the bill of sale for Nguyen and Luk, liable for legal malpractice. The trial court entered judgment against Nguyen and Vuong, jointly and severally, for $62,600... More...   $0 (12-19-2013 - TX)

Kelly McClane v. New Caney Oaks Apartments

Kelly McClane appeals a judgment in favor of New Caney Oaks Apartments in a forcible detainer suit. McClane is a tenant at New Caney Oaks, a federally-subsidized apartment complex, where she lives with her two children. She signed a one-year lease. McClane received a “7 Day Vacate Lease Termination Notice for Non-Payment of Rent.” New Caney Oaks filed its petition for eviction in the Montgomer... More...   $0 (10-31-2013 - TX)

Valeri S. Varnado, Administratrix of the Estate of Vernon Varnado v. R & D Marble, Inc., Randall Chelette and James Trahan

Vernon Varnado owned a sole proprietorship, doing business as Southern Manufacturing. At the time of Vernon’s death in October 2006, Vernon’s son-in-law, Randall Chelette was acting as the general manager of the business. Vernon died without a will.

On May 24, 2007, Valeri Varnado (Vernon’s daughter and Chelette’s wife at the time), filed an application for letters of administration... More...
   $0 (10-31-2013 - TX)

Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

2

counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r... More...
   $0 (08-29-2013 - TX)

D. M. v. Texas Department of Family and Protective Services

D.M. appeals the trial court’s order terminating her parental rights to her daughter, B.A.A., contending the trial court erred by: (1) failing to grant her motion to dismiss the case based on the failure to commence a trial on the merits within the time limits specified in section 263.401 of the Texas Family Code, and (2) admitting evidence of matters that occurred prior to an April 12, 2011 hea... More...   $0 (06-14-2013 - TX)

Loch 'N' Green Village Section Two Homeowners Association, Inc. v. Sharon Murtaugh

Appellant Loch ‘n’ Green Village Section Two Homeowners Association, Inc. (appellant or the Homeowners Association) appeals the trial court’s order granting the motion for summary judgment filed by appellees Sharon Murtaugh,

____________________

1See Tex. R. App. P. 47.4.

2

Connie J. Ragsdale, Pamela L. Johnston, Eileen Greene, and Russell Greene. We affirm.
More...
   $0 (06-01-2013 - TX)

In the Interest of S.A.C., a child

This is an appeal from a trial court’s order terminating appellant A.A.M’s parental rights to S.A.C., a minor child.1 A.A.M. contends the trial court erred in terminating her parental rights because the evidence is legally and factually insufficient to support the trial court’s findings that: (1) A.A.M. constructively abandoned S.A.C., and (2) termination was in S.A.C.’s best interest. We ... More...   $0 (05-22-2013 - TX)

Darby Kyle d/b/a South Coast Roofing and Repair, LLC v. Alma Zepeda

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast”), challenge the trial court’s post-answer default judgment rendered in favor of

2

appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside ... More...
   $0 (05-23-2013 - TX)

In the Interest of D.N. and D.N., children

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al... More...
   $0 (05-09-2013 - TX)

Rem Services, Inc. v. Dr. Amer Zaheer

This is a dispute between a landlord, tenant, and guarantor. In two issues, we must determine whether the landlord is entitled to summary judgment on his claim for breach of contract. The tenant and guarantor challenge the landlord’s summary judgment proof, the trial court’s rejection of their claimed issues of fact, and other matters relating to their asserted affirmative defenses. Finding no... More...   $0 (04-04-2013 - TX)

John H. Thomas, M.D. v. Graham Mortgage Corporation and Christopher Norris, Substitute Trustee

The suit underlying this appeal concerns the nonjudicial foreclosure of certain ranch property located in Burnet and Llano Counties (“the Property”). Prior to the foreclosure, the Property was owned by appellant John H. Thomas, M.D. Asserting various claims, Thomas contends that the foreclosure by Graham Mortgage Corporation (“the Bank”) and Christopher Norris, substitute trustee, (collect... More...   $0 (04-02-2013 - TX)

In the Interest of A.H., A Child

In this termination appeal, A.H.’s father, P.H. (Father), contends that the evidence is legally and factually insufficient to support the trial court’s findings supporting termination grounds under section 161.001(1) and 161.002 of the family code. A.H.’s mother, C.R. (Mother), contends that the evidence is factually insufficient to support the trial court’s best interest finding. We aff... More...   $0 (03-21-2013 - TX)

IN THE INTEREST OF A.D.P., L.P., AND M.R.B., CHILDREN

Appellant is the mother of A.D.P., L.P., and M.R.B.—girls born in 2005, 2008, and 2009. The trial court entered an order terminating the parental rights of Appellant as to M.R.B. and the parental rights of the fathers as to A.D.P., L.P., and M.R.B. In the same order, the trial court awarded managing conservatorship of A.D.P. and L.P. to the Department of Family and Protective Services and permit... More...   $0 (03-07-2013 - TX)

RBS Mortgage, LLC v. Ramiro Gonzalez

RBS Mortgage, LLC appeals the trial court’s judgment, rendered after a bench trial, arguing the trial court erred by declaring a lien on real property void and enjoining foreclosure. We affirm.

BACKGROUND

In 2001, Ramiro Gonzalez Jr. (“Gonzalez”) and his then wife, Filomena Gonzalez, purchased the vacant lots at 844 S. San Joaquin St., San Antonio, Texas, that are the subject o... More...
   $0 (02-28-2013 - TX)

STR Constructors, Ltd. v. Newman Tile, Inc.

In this breach-of-contract action between STR Constructors, Ltd. (STR), a general contractor, and Newman Tile, Inc. (NTI), a subcontractor, the trial court rendered judgment for NTI and against STR and its insurer, Arch Insurance Co (Arch). In six issues, STR and Arch appeal from the trial court’s judgment, contending that the evidence is legally insufficient to support the jury’s findings th... More...   $0 (02-21-2013 - TX)

City of Houston v. Young Song

In this interlocutory appeal, the City complains that the trial court erred in denying the City‟s plea to the jurisdiction because appellees have not alleged an inverse condemnation claim for which governmental immunity has been waived and do not have standing to seek injunctive relief based on the City‟s construction of medians within a public roadway near appellees‟ businesses. Because app... More...   $0 (01-26-2013 - TX)

David Vuong v. Taiwai Luk

The trial court found appellant Tommy Nguyen liable for violating the Deceptive Trade Practices Act (“DTPA”) in the course of selling a restaurant to appellee Taiwai Luk. The trial court further found appellant David Vuong, who drafted the bill of sale for Nguyen and Luk, liable for legal malpractice. The trial court entered judgment against Nguyen and Vuong, jointly and severally, for $62,600... More...   $0 (01-17-2013 - TX)

Echostar Satellite, LLC v. Ray Aguilar

Appellants Echostar Satellite L.L.C. and Dish Network Service, L.L.C. (“Appellants”), appeal a jury verdict and judgment rendered in favor of Ray Aguilar (“Aguilar”). Appellants bring five issues: (1) legal and factual insufficiency of Aguilar’s evidence that Appellants’ uniform application of their absence control policy was a violation of Chapter 451 of the Texas Labor Code; (2) in... More...   $0 (10-19-2012 - TX)

Bradford M. Condit v. Jim Kaelin

Appellant, Bradford M. Condit, appeals from the trial court’s take nothing judgment in favor of appellee, Jim Kaelin, the Nueces County Sheriff.1 By six issues, Condit2 contends the trial court erred by finding: (1) that he did not incur any damages; (2) that he did not identify property subject to execution; (3) that the property he requested to be seized was exempt from execution; (4) that Dep... More...   $0 (08-16-2012 - TX)

P & E Contractors, Inc. v. Thomas Brown d/b/a B & B Construction

Following a jury trial, P & E Contractors, Inc. appeals the trial court's judgment in favor of Thomas Brown d/b/a B & B Construction. In four issues, P & E claims the trial court erred in rendering judgment in favor of B & B because B & B did not secure jury findings on anticipatory repudiation or on substantial performance. We affirm.

P & E hired B & B as a subcontractor on a stree... More...
   $0 (07-27-2012 - TX)

Edna Gayle Bovey v. Caren J. Coffey

Caren J. Coffey, Independent Executrix of the Estate of Elton Bovey, obtained a default judgment against Edna Gayle Bovey (“Bovey”) and the trial court awarded certain property to the estate. Coffey filed a complaint for forcible entry and detainer to remove Bovey from the property, but the Justice of the Peace granted judgment in favor of Bovey. Coffey appealed to the County Court at Law No. ... More...   $0 (04-26-2012 - TX)

Mary Gret McKenzie d/b/a Gen's Antiques and Mary Gret McKenzie v. Positive Action International Inc., D/B/A Grace Hart & Co

This case arises from a dispute between a lessee and its commercial landlord. Appellants, Mary Gret McKenzie d/b/a Gen’s Antiques and Mary Gret McKenzie (collectively, “Gen’s Antiques”), leased retail spaces in an antiques mall from appellee, Positive Action International, Inc. d/b/a Grace Hart & Co. (“Hart & Co.”). Gen’s Antiques alleged multiple causes of action, including const... More...   $0 (04-26-2012 - TX)

Christina Owens v. John Hawkins

Christina Owens appeals from the trial court’s order granting a no-evidence motion for summary judgment filed by John Hawkins,1 Janel Sue Skrabanek, Jack Paul Moore, William Richard Moore, and Bruce A. Skrabanek.2 Because the trial court did not err in granting the motion for summary judgment, we affirm the trial court’s order.

BACKGROUND

The parties to this proceeding are all re... More...
   $0 (04-19-2012 - TX)

Amos McAlister v. Hatbreeze Properties, L.L.C.

Appellants Amos McAlister and Barbara McAlister (together, the McAlisters), individually and doing business as Albam Investments, appeal the trial court’s judgment awarding appellee Hatbreeze Properties, L.L.C. damages for the McAlisters’ breach of their commercial lease. We will modify the trial court’s judgment and affirm it as modified.

Background Facts

In Apr... More...
   $0 (02-23-2012 - TX)

Naan Properties, LLC v. Affordable Power, L.P.

This is a restricted appeal from a post-answer default judgment. In two issues, defendants/appellants Naan Properties, LLC and Ahmadali Virani argue that the trial court erred in rendering judgment for plaintiff/appellee Affordable Power, L.P. because (1) “the face of the record shows appellants’ attorney did not have notice of the trial setting and appellants’ constitutional rights to due ... More...   $0 (01-12-2012 - TX)

Roye Ray Payne v. Robert Doty

Plaintiffs, Robert Doty and Lisa Doty, brought suit against Roye Ray Payne after Payne obstructed a roadway that traversed land owned by Payne and led to land owned by the plaintiffs. The plaintiffs asserted that the roadway was a public road. Payne denied that the road was a public road and affirmatively asserted that, if the road had been a public road, it had been abandoned. After a bench... More...   $0 (12-15-2011 - TX)

Hidden Forest Homeowners Association v. Jams K. Hern

The motion for rehearing filed by appellant Hidden Forest Homeowners Association is granted. This court’s opinion and judgment dated June 8, 2011 are withdrawn, and this opinion and judgment are substituted. Hidden Forest Homeowners Association (“Hidden Forest”) challenges the trial court’s judgment, complaining of the award of damages to James K. Hern on his counterclaim for Hidden Forest... More...   $0 (12-08-2011 - TX)

Money of the United States v. The State of Texas

This appeal arises from the forfeiture of cash and a car seized during an undercover drug operation in Bryan. We affirm the judgment of forfeiture.

In October 1985 Arlie Golish met several times with narcotics officers in an attempt to buy at least fifty pounds of marijuana. On each occasion, Golish was driving a 1978 Chevrolet Corvette. On October 12th, Golish, Kurt Olsen, a buy... More...
   $0 (07-13-1989 - TX)

Architectural Control Committee of Oak Terrace Estates v. Ronald D. McCormick

The Architectural Control Committee of Oak Terrace Estates appeals a take-nothing judgment in favor of Ronald D. McCormick and Jeraldine Pollard McCormick. The Committee challenges the legal and factual sufficiency of the evidence supporting the jury‟s finding that deed restrictions have been abandoned. The Committee also asserts that the trial court erred in overruling the Committee‟s motion ... More...   $0 (11-17-2011 - TX)

 
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