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Texas Abandonment Law
 

Jaime Antonio Alvarenga v. The State of Texas

Fifth Court of Appeals - Texas Courts

Appellant Jaime Antonio Alvarenga pleaded guilty to three separate offenses involving the
same victim: (1) indecency with child by contact (trial court cause no. F-1126734-V); (2)
aggravated sexual assault (trial court cause no. F-1126736-V); and (3) indecency with a child by
contact (trial court cause no. F-1126739-V). The trial court sentenced him to five years’
imprisonment... More...
   $0 (05-16-2018 - TX)

David Grantham v. The State of Texas

Tenth Court-Appeals

David Grantham appeals from a conviction for the offense of engaging in
organized criminal activity, for which he was sentenced to twenty-seven (27) years in
prison after pleading true to two enhancements. TEX. PENAL CODE ANN. §§ 71.02, 12.42(d)
(West 2011). Grantham complains that his plea was not voluntary because he was not
properly admonished on the appropriate range of p... More...
   $0 (05-11-2018 - TX)

Aaron Charles Hill v. The State of Texas

A grand jury indicted Sorrells for possession of a controlled substance, a state
jail felony, and the indictment included several enhancement paragraphs. See Tex.
Health & Safety Code Ann. § 481.115(b) (West 2017); Tex. Penal Code Ann. §
12.425 (West Supp. 2017). Sorrells was tried jointly for the offenses of felony
possession of a controlled substance and aggravated assault wi... More...
   $0 (05-07-2018 - TX)

Mark Anthony Sorrells v. The State of Texas

A grand jury indicted Sorrells for possession of a controlled substance, a state
jail felony, and the indictment included several enhancement paragraphs. See Tex.
Health & Safety Code Ann. § 481.115(b) (West 2017); Tex. Penal Code Ann. §
12.425 (West Supp. 2017). Sorrells was tried jointly for the offenses of felony
possession of a controlled substance and aggravated assault wi... More...
   $0 (05-07-2018 - TX)

Truitt Russell Cook v. The State of Texas

Appellant does not challenge the sufficiency of the evidence so we will mention
only so much of the background facts as necessary for our disposition of his issues. On
February 12, 2015, appellant and Tianna Insall robbed the A1 Smoke Shop in rural
Tarrant County. They wore dark glasses and bandannas. Appellant carried what the two
store employees called “a gun.” Once insid... More...
   $0 (04-19-2018 - TX)

United States of America v. Paul Suarez

Eastern District of Texas Federal Courthouse - Beaumont, Texas

A jury convicted Paul Suarez for his involvement in a drug trafficking
conspiracy and for firearms offenses. Suarez appeals contending that the
convictions were not supported by sufficient evidence. He also asserts that the
district court erred in imposing a 120-month (ten year) mandatory minimum
prison sentence for possession of a sawed-off shotgun in furtherance of a drug
tra... More...
   $0 (01-15-2018 - TX)

In the Interest of E. C. A. and A. A. G., children v. Department of Family and Protective Services

In this accelerated appeal, appellant, J.I.A. (“Mother”), challenges the trial court’s decree terminating her parental rights to her minor children, E.C.A. and A.A.G. In six issues, Mother argues that the evidence was legally and factually insufficient to support (1) the termination of her rights under Texas Family Code section 161.001(b)(1)(D); (2) the termination of her rights under Texas Family... More...   $0 (12-28-2017 - TX)

In the Interest of L. D. child v. Department of Family and Protective Services

These appeals arise from a decree terminating the parental rights of both a mother and a father to their biological child, L.D. Both parents contend that the evidence was insufficient to support the trial court’s decree. The father additionally asserts that the evidence was insufficient to support the appointment of the
2
Department of Family and Protective Services, rather than the child’... More...
   $0 (12-14-2017 - TX)

Joseph Frank Tooker v. The State of Texas

During a traffic stop, Tooker was arrested after methamphetamine was discovered
by the investigating officers. Following the arrest, a trial was held in which the State called several
witnesses to the stand, including Chelsa Hazle, who was Tooker’s girlfriend at the time of the
incident, and Officer Morua, who initiated the traffic stop, and Tooker elected to take the stand and
te... More...
   $0 (12-17-2017 - TX)

Andrea Christine Folkers v. The State of Texas

Court of Appeals, Ninth District of Texas at Beaumont

In her first issue, Folkers argues that the trial court abused its discretion by
allowing the State to amend the information on the day of the trial over her objection.
See Tex. Code Crim. Proc. Ann. art. 28.10 (West 2006). The Texas Code of Criminal
Procedure states that “[a]ll amendments of an indictment or information shall be
made with the leave of the court and under its d... More...
   $0 (11-27-2017 - TX)

Cody Allen Waters v. The State of Texas

Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were More...
   $0 (11-22-2017 - TX)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang

Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the “Subdivision”). Appellant Garden Oaks Maintenance Organization (“GOMO”) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

City of Bedford v. Leah Smith

Tarrant County Courthouse - Fort Worth, Texas

Appellee Leah Smith lived at The Arbors of Central Park, an apartment
complex in Bedford, Texas. In July 2015, as she was walking across the grass to
reach a sidewalk in front of her apartment, she stepped onto a manhole lid
covering a water-meter box within an easement owned by Appellant City of
Bedford. The lid flipped open, and Smith fell into the manhole and was injured.
1S... More...
   $0 (10-12-2017 - TX)

Jay Baska v. Rebecca McGuire

Harris County Courthouse - Houston, Texas

Appellant, Jay Baska, challenges the trial court’s judgment in favor of appellee, Rebecca McGuire, in her suit against Baska for breach of contract and fraud. In his first through third issues, Baska contends that the statute of frauds1 bars
1 See TEX. BUS. & COM. CODE ANN. § 26.01 (West 2015).
2
McGuire’s breach-of-contract claim and, if sustained, he is entitled to a remand for
r... More...
   $0 (10-12-2017 - TX)

Miguel Rojas and Lourdes Rojas v. CitiMortgage, Inc.

Cameron County Courthouse - Brownsville, Texas

The trial court granted summary judgment in favor of appellee Citimortgage, Inc. (Citi) and ordered judicial foreclosure of a house owned by appellants Miguel Rojas and Lourdes Rojas. By one issue, which we construe as two, the Rojases argue that
2
summary judgment was erroneously granted because Citi’s foreclosure claim was barred by the statute of limitations and because the ruling confl... More...
   $0 (09-24-2017 - TX)

Stone Haynes, Jr. v. JP Morgan Chase Bank, N.A. and Pleasure Pier Homeowners Association

Jefferson County Courthouse - Beaumont, Texas

This is an appeal by Appellant, Stone Haynes Jr. (Haynes or Appellant), from the trial court’s orders granting summary judgments to Appellees, JP Morgan Chase Bank, N.A. (Chase), and Pleasure Pier Homeowners Association (HOA) (collectively Appellees). Haynes filed a pro se “Application for Temporary Restraining Order and Original Petition for Declaratory Judgment” (Original Petition) on June 7, 20... More...   $0 (09-23-2017 - TX)

Gregory D. Hawk v. Eva S. Engelhart

Fifth Circuit Court of Appeals - New Orleans, Louisiana

After filing for Chapter 7 bankruptcy, the Hawks claimed an exemption for funds held in an individual retirement account (“IRA”). They sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from creditors’ claims under Texas law. However, over the course of several months, the Hawks withdrew the f... More...   $0 (09-06-2017 - TX)

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

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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)

 
 
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