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Texas Abandonment Law
 
In the Interest of S.R., S.R. and B.R.S., children

In these consolidated appeals, both D.R. (the Father) and D.S. (the Mother) appeal from the decree terminating their parental rights to three children, S.R. (Scott), S.R. (Sally), and B.R.S. (the Baby) (collectively, the Children).1 The Father raises three issues challenging the sufficiency of the evidence supporting the trial court’s termination findings and the failure to appoint counsel for h... More...   $0 (11-13-2014 - TX)

In the Interest of G.S., a child

Appellant G.B.C. (the Father) appeals from the decree terminating his parental rights to a daughter, G.S. (the Child). The Father brings four issues arguing that (1) the trial court erred in denying his motion for new trial; (2) the evidence is insufficient to support termination; (3) the Texas Department of Family and Protective Services (the Department) failed to make reasonable efforts to reuni... More...   $0 (09-23-2014 - TX)

J. D. S. v. Texas Department of Family and Protective Services

This is an appeal from an order terminating the parent child relationship between JDS and LS predicated upon Texas Family Code subsections 161.001(1)(D), (E), (O), and a finding that termination is in the best interest of the child. The final order appoints the Department as the child’s sole managing conservator. In eight issues1, JDS challenges the legal and factual sufficiency of the evidence ... More...   $0 (09-24-2014 - TX)

In the Interest of A.J.L., A.R.L., A.A.R. and B.N.G., Children

The Department of Family and Protective Services (“the Department”) filed its petition to terminate the parental rights of the mother and the fathers of the four subject children. This is an appeal by the mother, Ernestina, and one of the fathers, Abel, from the trial court’s judgment terminating their parental rights. We affirm the judgment as to Abel. Because we conclude the evidence is le... More...   $0 (09-25-2014 - TX)

Quran Bryant, Stephen A. Barfield, and Grace Everett v. Dennis J. Cady, Ind. and as Trustee of the Dennis J. Cady Living Trust d/b/a Cady Enterprises

Certain executory contracts for conveyance of Texas real estate that is used or is to be used as the purchaser’s residence or the residence of certain relatives of the purchaser are statutorily regulated. See TEX. PROP. CODE ANN. §§ 5.061–.085 (West 2004 & Supp. 2014); see also Morton v. Nguyen, 412 S.W.3d 506, 507 (Tex. 2013). Sellers under covered contracts must, among other things, provid... More...   $0 (09-18-2014 - TX)

In the Interest of K.P., K.P. and K.P.

After a bench trial, the trial court entered an order which terminated the parental rights of N.C. (Mother) and A.P. (Father) to their daughters, K.P., K.P., and K.P.1 See Tex. Fam. Code Ann. § 161.001 (West 2014).2 In this appeal of the judgment terminating their parental rights, Mother raises three issues and Father raises seven issues.
1We identify the minor children by initials to protect... More...
   $0 (08-21-2014 - TX)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega... More...
   $0 (08-22-2014 - TX)

Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a... More...   $0 (08-11-2014 - TX)

Clinton Keith Dawson and Brandy Lake v. Will Matthew Lowrey

This suit regards a dispute between Pat Lowrey’s natural children and his former step-children (children of a woman from whom Pat was divorced several years before his August 31, 2012 death after a long bout with cancer)1 over the proceeds of a bank account.
Clinton Keith Dawson and Brandy Lake, Pat’s former step-children, brought suit against Will Lowrey (Pat’s son, who also was his att... More...
   $0 (07-29-2014 - TX)

Lavine Thomas v. Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Inova Financial LLC

Lavine Thomas appeals the trial court’s grant of summary judgment based
2
on the doctrine of judicial estoppel in favor of appellees Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Innova Financial LLC. We affirm.
Background
In 2005 and 2006, Thomas entered into several real... More...
   $0 (07-29-2014 - TX)

Kimberley Louise Shano v. The State of Texas

A jury found appellant, Kimberly Shano, guilty of intoxication manslaughter,2 two separate offenses of accident involving personal injury or death,3 and aggravated assault with a deadly weapon.4 The jury assessed her punishment at confinement for twenty years for intoxication manslaughter, ten years for each offense of accident involving personal injury or death, and fifteen years for aggravated a... More...   $0 (07-31-2014 - TX)

In the Interest of A. S. v. Department of Family and Protective Services

This is an appeal from the termination of the parental rights of a mother, C.L.H., with respect to her daughter, A.S. See TEX. FAM. CODE ANN. § 161.001 (West Supp. 2012). On appeal, the mother argues that the evidence is legally and factually insufficient to support the trial court’s findings that she committed a
2
predicate act required for termination and that termination was in her d... More...
   $0 (07-31-2014 - TX)

Rogelio Alaniz v. The State of Texas

Rogelio Alaniz was charged with three counts of aggravated assault. See Tex. Penal
Code § 22.02. On the day that the trial began, the State moved to alter the allegations in the indictment
by removing the word “serious” from all three counts. In response, Alaniz objected to the proposed
changes and, alternatively, requested additional time to respond. See Tex. Code Crim. Proc. art... More...
   $0 (07-09-2014 - TX)

In the Interest of D.M., a Child

Appellant David M. appeals the trial court’s order terminating his parental rights to his son, D.M. On appeal, he argues that (1) the trial court’s order erroneously terminated his parental rights pursuant to section 161.002 of the Texas Family Code; and (2) the evidence is legally and factually insufficient to support the trial court’s finding that he constructively abandoned his son. We af... More...   $0 (06-25-2014 - TX)

Robert Samaniego v. Mary Samaniego

Appellant Robert Samaniego appeals from a final decree of divorce. On appeal, Robert raises four issues, contending he was denied his rights to Due Process and Due Course of Law under the United States and Texas Constitutions when: (1) the attorneys committed fraud; (2) the trial court divided the community property using “inaccurate property details and appraisal valuation,” rendering the jud... More...   $0 (06-25-2014 - TX)

Dallas County, et al v. Bobby E. Sides, et al

The County of Dallas, the City of Grand Prairie, the Grand Prairie Independent School District, the Dallas County Community College District, the Parkland Hospital District, and the Dallas County School Equalization Fund (collectively, the “Taxing Authorities”) appeal the trial court’s Order Relating to Excess Proceeds. The order awarded appellees excess proceeds from the Taxing Authorities... More...   $0 (05-09-2014 - TX)

In the Interest of J. T., B. W. and E. T., children

C.T. appeals the termination of her parental rights. In two issues, C.T. challenges the order of termination. We affirm.

BACKGROUND

C.T. is the mother of three children: J.T., born August 14, 2001; B.W., born July 11, 2002; and E.T., born December 29, 2003. On September 14, 2012, the Department of Family and Protective Services (the Department or CPS) filed an original petition f... More...
   $0 (04-23-2014 - TX)

In the interest of H.E.M.T. and E.A.T., children

This is an appeal from an order terminating the parental rights of the mother and father of H.E.M.T. and E.A.T. (the children).1 The mother voluntarily relinquished her parental rights and did not file an appeal. The father timely filed an appeal. In a single issue on appeal, he challenges the sufficiency of the evidence to support termination. We affirm.

Termination Standard and Findings... More...
   $0 (04-23-2014 - TX)

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)

 
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