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Texas Abandonment Law
 
John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

In the Interest of M.R., a Child

Appellant L.S. (Mother) appeals the trial court’s termination of her parentchild
relationship with her son M.R. In two issues, she contends that (1) the trial
court committed fundamental error by not providing statutorily-required warnings
(“statutory warnings”) at the status and permanency hearings and (2) the
evidence is legally and factually insufficient to support the trial cou... More...
   $0 (08-10-2017 - TX)

BC Ranch II, L.P. a/k/a Bosque Canyon Ranch II, L.P.; BC Ranch I, Inc., Tax Matter Partners v. Commissioner of Internal Revenue

Fifth Circuit Court of Appeals - New Orleans, Louisiana

Petitioners-Appellants, BC Ranch I, L.P. (“BCR I”), and B.C. Ranch II, L.P. (“BCR II”), (collectively the “BCR Partnerships” or “Appellants”), claim that Respondent-Appellee, the Commissioner of Internal Revenue (the “Commissioner”), wrongfully disallowed their charitable deductions for two conservation easements. Appellants contend that in ruling for the Commission, the Tax Court wrongfully class... More...   $0 (08-11-2017 - TX)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

Rene Hernandez v. The State of Texas

In The Court of Appeals Fifth District of Texas at Dallas

On February 19, 2014, a covert, or undercover, member of the Dallas Police
Department’s Crime Reduction Team (the CRT) saw a silver Mercedes leaving the location of an
–2–
illegal game room. The officer was familiar with the Mercedes because the CRT had “arrested
an individual” out of the vehicle the previous week. The officer followed the vehicle to a duplex
on Petain ... More...
   $0 (07-18-2017 - TX)

CHARLES LEE MOSIER SR. V. THE STATE OF TEXAS

In 2003, four-year old Alex and one-year old Amy2 were placed in the care
of Wendy, their mother’s aunt, and Appellant, Wendy’s husband, while Child
Protective Services (CPS) conducted an investigation of abandonment and
neglect allegations against their mother, Macy.3 Although the record is unclear, it
appears that at some point the siblings were permanently placed there, and... More...
   $0 (06-23-2017 - TX)

Lindemann Properties, LTD. v. Ward A. Campbell

Appellant Lindemann Properties, Ltd. filed a motion for rehearing and a motion for en banc reconsideration of our opinion that issued on December 8, 2016. We deny both motions, withdraw our opinion and judgment dated December 8, 2016, and substitute the following.
2
I. INTRODUCTION
Lindemann sued Appellee Ward A. Campbell for a declaration that Campbell’s radio-transmission-tower easem... More...
   $0 (06-23-2017 - TX)

United States of America v. Eduardo Rodriguez

Sixth Circuit Courtroom - New Orleans, Louisiana

Defendant-Appellant Eduardo Rodriguez appeals the district court’s dismissal of his application for post-conviction relief, contending that it is timely under 28 U.S.C. § 2255(f)(4). Because we conclude that the facts underlying Rodriguez’s claim could have been discovered through the exercise of diligence at least one year before Rodriguez filed for habeas relief, we AFFIRM.
United States Cou... More...
   $0 (06-15-2017 - TX)

United States of America v. Steve Cuellar Zuniga

Sixth Circuit Courtroom - New Orleans, Louisiana

In this appeal, Steve Cuellar Zuniga first challenges the district court’s denial of his motion to suppress evidence obtained during a warrantless search of his person and the vehicle within which he rode as a passenger. Second, Zuniga objects to his career offender sentence under U.S.S.G § 4B1.2 on the ground that its identically-worded residual clause was held unconstitutional by the Supreme Cou... More...   $0 (06-15-2017 - TX)

Amy Powell v. CIT Bank, N.A., f/k/a OneWest Bank, N.A., f/k/a OneWest Bank FSB

This appeal arises out of a dispute between a property owner and a bank seeking to foreclose its lien on the property. The bank’s assignor acquired the lien
1 We grant appellee’s motion for rehearing in part, deny the motion in part, withdraw the memorandum opinion issued on December 15, 2016, and issue this substitute opinion.
2
in a reverse-mortgage transaction. The borrower later di... More...
   $0 (06-08-2017 - TX)

Benny Vance v. Mark C. Popkowski

This appeal arises from a dispute over the enforcement of deed restrictions. The purchasers of deed-restricted property in a residential subdivision began operating a business from a single-family residence located on the property.
2
Appellants Benny Vance and Pierre Metzener, who also own property in the
subdivision, claimed that the operation of the business violated the deed
res... More...
   $0 (05-25-2017 - TX)

Susan Ashton v. Koonsfuller, P.C.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guaranty agreement, should ther... More...   $0 (05-10-2017 - TX)

Erik Catorce Madrid v. The State of Texas

Court of Appeals First District

At trial, Officer R. Carter of the Houston Police Department (“HPD”) testified
that he encountered Madrid driving his truck on the highway while en route to HPD’s
central intoxication facility (“central intox”) with another person Carter had just
arrested for driving while intoxicated. Carter followed Madrid’s truck in the
highway’s left lane and pulled Madrid over after pacin... More...
   $0 (05-20-2017 - TX)

Johnson Kidz, Inc. v. Vertex Community Bank, N.A.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by
appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became
uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and
conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for
breach of a guaranty agreem... More...
   $0 (05-15-2017 - TX)

ERIK CATORCE MADRID v. THE STATE OF TEXAS

Court of Appeals For The First District of Texas

At trial, Officer R. Carter of the Houston Police Department (“HPD”) testified
that he encountered Madrid driving his truck on the highway while en route to HPD’s
central intoxication facility (“central intox”) with another person Carter had just
arrested for driving while intoxicated. Carter followed Madrid’s truck in the
highway’s left lane and pulled Madrid over after pacin... More...
   $0 (05-04-2017 - TX)

In the Interest of R.L., a/k/a RC, a/k/a R.M. and R.L., children

Harris County Courthouse - Houston, Texas

In these accelerated appeals,2 appellant, T.H.L., challenges the trial court’s orders, entered after a bench trial, awarding the Department of Family and Protective Services (“DFPS”) permanent managing conservatorship of her four minor children, R.C.,3 R.L., C.J., and C.C.J. (collectively, “the children”).4 In her sole issue, T.H.L. contends that the trial court erred in appointing DFPS as the chi... More...   $0 (04-21-2017 - TX)

Jerry Cotten, et aux. v. Ron Briley, et al.

When Jerry and Rosemary Cotten’s newly-purchased retirement home began exhibiting substantial problems of which they were unaware when they purchased it, the Cottens filed suit against the persons who sold it to them (Ron and Jeri Briley), the sellers’ real estate agent (Judy Stroman), the broker under whom the agent worked (Century 21 Lake Country), and the home inspector who was retained to insp... More...   $0 (03-16-2017 - TX)

Emanuel D. Hayes v. The State of Texas

On November 6, 2013, six young people—appellant, Darion Amos,
“Marcus,” “Zae,” and two girls—knocked on the door of 78-year-old Richard
Chandler, forced their way into his apartment when Chandler opened the door, and
stole several items, including a computer tablet, keys to a truck, and a gold ring
that Mr. Chandler usually wore.
During the home invasion, Chandler was kn... More...
   $0 (03-11-2017 - TX)

Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac... More...   $0 (03-03-2017 - TX)

Rafael Montez Da Oca v. Eduardo Gutierrez

Rafael Montez Da Oca appeals the trial court’s final judgment against him for damages
resulting from his alleged wrongful conduct as the landlord under a commercial-lease agreement
with appellee Eduardo Gutierrez. Da Oca challenges the sufficiency of the evidence supporting
various jury findings. For the following reasons, we will affirm the trial court’s final judgment.
BACKGROUND... More...
   $0 (01-25-2017 - TX)

Lonnie Delmar Gadson v. The State of Texas

MoreLaw Receptionist Services

Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

This case arises from a high speed police chase of Appellant during which he struck a
police cruiser with his pickup truck, not once, but twice. Officer William Rogers was inside the
police cruiser at the time of the first impact, but was just outside the cruiser when the second
impact occurred. Following Appellant’s eventual apprehension, the State charged him with
aggravate... More...
   $0 (03-01-2017 - TX)

Melvin Straight v. The State of Texas

Officer Grossbard was patrolling for suspicious activity in a high crime area in Houston, Texas, where he saw appellant walking in the street. Appellant walked up to the outside of a gate in front of an apartment complex, and another man walked up to the inside of the gate. They looked around and “did some type of hand-to-hand exchange” through the bars of the fence. Seeing this exchange, Grossbar... More...   $0 (02-22-2017 - TX)

Harris County and Texas Commission on Environmental Quality v. International Paper Company

There are five dates or date ranges that are significant in this litigation. We
will give first an overview of their importance and then discuss each in more detail.
Next, we will provide an overview of the parties’ trial theories and discuss the key
rulings made by the trial court related to experts and the jury charge.

A. Significant historical dates

The first ... More...
   $0 (11-15-2016 - TX)

Jose Antonio Perez v. The State of Texas

In 2012, appellant was charged under an indictment that alleged he did:
unlawfully then and there intentionally and knowingly cause the contact and penetration of the female sexual organ of [A.P.], a child, who was not then the spouse of defendant, by an object, to-wit: the sexual organ of said defendant, and, at the time of the offense, the child was younger than 14 years of age.

... More...
   $0 (10-04-2016 - TX)

E.F. Johnson Company v. Infinity Global Technology f/k/a Infinity Gear and Technology, LLC, et al.

Kirmuss operated an electronics business that specialized in radio-related products. In
2007, at a trade show in Hong Kong, he discovered a speaker microphone with a built-in global
positioning system (the GPS-Mic), manufactured by Wintectronics (Wintec). Kirmuss believed
the GPS-Mic could transform communications for first responders and military units, so he
arranged to mee... More...
   $0 (10-03-2016 - TX)

Jared Assavedo v. The State of Texas

Appellant was indicted for intentionally, knowingly, and recklessly causing serious
bodily injury to Claudia Lopez by striking a motor vehicle owned and operated by Lopez with a
–2–
motor vehicle operated by appellant and by forcing Lopez’s motor vehicle from the roadway. He
was also indicted for intentionally, knowingly, recklessly, and with criminal negligence engaging
... More...
   $0 (08-04-2016 - TX)

Ronicesha Cherron Wearren v. The State of Texas

Under a legal-sufficiency standard of review, appellate courts view the evidence in
the light most favorable to the verdict and determine whether “any rational trier of fact could
have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia,
443 U.S. 307, 319 (1979). When performing this review, an appellate court must bear in mind that
it is the... More...
   $0 (07-18-2016 - TX)

Christopher Darrell Jefferson v. The State of Texas

The indictment against appellant alleged in part that on or about January 29, 2013, he did:
unlawfully then and there intentionally cause the death of LATOYA MCGOWAN, an individual, hereinafter called deceased, by SHOOTING THE DECEASED WITH A FIREARM, A DEADLY WEAPON, and the defendant was then and there in the course of committing and attempting to commit the offense of BURGLARY of said dece... More...
   $0 (07-12-2016 - TX)

Travis Marcellaus Edwards v. The State of Texas

A jury found appellant, Travis Marcellaus Edwards, guilty of the offenses of
aggravated assault of a security officer,1 aggravated robbery,2 and unlawful
possession of a firearm by a felon.3 After finding true the allegation in an
enhancement paragraph in each indictment that appellant had been previously
convicted of a felony offense, the trial court assessed his punishment a... More...
   $0 (06-23-2016 - TX)

Jeffery Wayne Batson v. The State of Texas

On January 2, 2014, Appellant became involved in an altercation with his wife, Kimberly Batson. At trial, Kimberly testified that Appellant had been drinking, was not in a good mood, became angry that she had not prepared dinner, and began pushing and punching her. Adellah Batson, the daughter of Appellant and Kimberly, became upset. When Kimberly attempted to console Adellah, Appellant kicked ... More...   $0 (06-17-2016 - TX)

Tahronda Shanell White v. The State of Texas

Appellant was employed at a cell phone provider kiosk in a local grocery store in
Brownfield, Texas. The grocery store’s security camera footage shows appellant take
the till out from within the cabinet door and count the money on July 21, 2014. As she
counted and appeared to fill out paperwork, she also appeared to be doing some sort of
computer work. She placed what appear... More...
   $0 (05-11-2016 - TX)

Victor Lamar Jenkins v. The State of Texas

Appellant originally pleaded not guilty to aggravated robbery with a deadly weapon. At a pretrial hearing on October 8, 2014, both sides announced they were ready to proceed to trial. At that hearing, the State offered a plea bargain with a recommendation of six years’ confinement in the Texas Department of Corrections, which appellant rejected. The judge admonished appellant that he was charged w... More...   $0 (05-03-2016 - TX)

Narjes Modarresi v. The State of Texas

At the time of the offense, appellant and her husband, Amir Golabbakhsh (“Amir”), lived in Houston with their two children, Masih and a three-year-old son, and Amir’s parents. On the afternoon of April 21, 2010, while the men were away from home, appellant told her mother-in-law that appellant was taking Masih to visit appellant’s friend. Appellant left on foot with Masih in a stroller. The mot... More...   $0 (04-20-2016 - TX)

Alberto Aguirre Rendon v. The State of Texas

In this appeal, initially, Appellant Alberto Aguirre Rendon had court-appointed counsel.
Later, after the trial court determined Appellant was not indigent, the trial court discharged
appointed counsel. Appointed counsel advised Appellant that his brief was due on February 22,
2016. See TEX. R. APP. P. 6.5(c). After the deadline to file the brief passed and Appellant did not More...
   $0 (04-20-2016 - TX)

Xavier Barac Lopez a/k/a Xavier Lopez v. The State of Texas

Octavio Arriaga, a witness for the State, testified that he was the manager of a
Dairy Queen where appellant worked and that appellant’s responsibilities included,
among other things, cleaning the bathrooms of the Dairy Queen. Arriaga stated that one
evening after the store closed, he found an iPod in the men’s bathroom, and when he
“opened” the iPod to determine its ownership... More...
   $0 (03-24-2016 - TX)

Morris Alexander Wise v. The State of Texas

The evidence at the suppression hearing showed that on September 15, 2011, two
police officers boarded a Greyhound bus at a pit stop to conduct a drug interdiction while
other officers stayed outside. The two officers inside the bus were not wearing police
uniform and did not display a police badge or a weapon. One officer approached Wise
and asked in a conversational tone if... More...
   $0 (03-03-2016 - TX)

John Steen v. The State of Texas

On February 12, 2013, Steen was charged by indictment with three offenses of
aggravated sexual assault of a child and one offense of indecency of a child. See id. §
22.021(a)(B) (West, Westlaw through 2015 R.S.); id. § 21.11.1 The State gave notice,
prior to trial, of its intent to use evidence of extraneous sexual assault offenses against
Steen.
Prior to a consolidat... More...
   $0 (02-18-2016 - TX)

George Washington Sharper v. The State of Texas

After a Hunt County jury found George Washington Sharper guilty of the capital murder
of David Olivares, the trial court sentenced him to the mandatory punishment of life imprisonment
without parole.1 Sharper appealed to this Court, asserting that the trial court erred (1) in admitting
the out-of-court statement of his alleged accomplice in violation of his right to confront and cr... More...
   $0 (02-04-2016 - TX)

RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION

This case arises out of the Commission’s duties with respect to abandoned oil-and-gas
wells, which are governed by Texas Natural Resources Code chapter 89. One of the statute’s
express purposes is to protect Texas’s water and land from pollution by providing “additional
means” for the plugging of abandoned wells. TEX. NAT. RES. CODE § 89.001. The statute and
accompanying Com... More...
   $0 (01-29-2016 - TX)

Petrohawk Properties, L.P., and P-H Energy, L.L.C. v. Noel Diane Jones, et al.

In 2008, oil and gas companies descended on east Texas and Louisiana seeking to acquire
leases to exploit the Haynesville Shale formation, which they viewed as having enormous
potential. The atmosphere created by these companies was described as “unreal,” “a land rush,”
and comparable to a gold rush. David Deffenbaugh, Petrohawk Properties, L.P.’s, vice president
of land—midc... More...
   $0 (01-25-2016 - TX)

 
 
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