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Texas Circumstantial Evidence Law
 
Ruben Guadalupe Galindo v. Tony Se Galindo

This is an appeal from a final divorce decree and a temporary order pending appeal. Appellant Ruben Guadalupe Galindo (“Ruben”) raises three issues, contending the trial court erred by: (1) ordering Ruben to pay spousal maintenance to appellee Tonya Sue Galindo (“Tonya”);1 (2) ordering Ruben to pay Tonya’s trial attorney’s fees; and (3) assessing attorney’s fees against Ruben in the ... More...   $0 (04-10-2014 - tx)

Dwayne Carpenter v. Campbell Hausfeld Co.

In this products liability case, Dwayne Carpenter sued Campbell Hausfeld Co. and Campbell Hausfeld/Scott Fetzer Company, Inc. (“Campbell Hausfeld”) for

2

design defect and negligence arising out of an incident in which a strap securing a Campbell Hausfeld air compressor broke, causing the compressor box to fall onto Carpenter. The trial court rendered summary judgment in favor of... More...
   $0 (03-27-2014 - TX)

Norman Kent Adams II v. The State of Texas

After he was convicted by a jury on six counts of aggravated robbery, Norman Kent Adams II was sentenced to a term of forty years’ imprisonment on each of the counts. Asserting the trial court committed reversible error, Adams raises six issues in his appeal from the judgments of conviction. After carefully reviewing Adams’s arguments and the record, we conclude the trial court did not commit ... More...   $0 (03-12-2014 - TX)

TeleResource Corporation v. Accor North America, Inc.

Appellant TeleResource Corporation (TRC) appeals from a partial summary judgment granted in favor of Appellee Accor North America, Inc. and a final judgment following a jury trial. In seven issues, TRC argues that the trial court erred by granting Accor summary judgment on TRC’s anticipatory repudiation claim, that the evidence is legally and factually insufficient to support

2

som... More...
   $0 (03-13-2014 - TX)

Robert Alan James v. The State of Texas

Robert Alan James was convicted of continuous sexual abuse of a young child and sentenced to life in prison. TEX. PENAL CODE ANN. § 21.02 (West Supp. 2013). The victim was R.R., the daughter of James’s girlfriend. Because the evidence is sufficient to support the conviction, the trial court’s judgment is affirmed.

In one issue, James contends the evidence is insufficient to support his... More...
   $0 (03-06-2014 - TX)

Randall Holt and Judy Holt v. Sondra Kelso, Independent Administrator of the Estate of Helen Jones Schweng, Deceased

Appellee Sondra Kelso, in her capacity as independent administrator of the estate of Helen Jones Schweng, brought suit against Peggy McCoy, Eugene Braun, and appellants Randall Holt and Judy Holt to recover estate assets.1 Following a bench trial, the trial court found all four defendants jointly and severally liable to Sondra for breach of fiduciary duty, conversion, theft, and civil conspiracy a... More...   $0 (02-26-2014 - TX)

In the Interest of J.D.H., E.K.H., Z.H.H., Children

This is an accelerated appeal involving the termination of the parental rights of the parents, Andrea and John, to J.D.H., E.K.H., and Z.H.H. Each parent is represented by their own counsel who has filed a brief with the Court. The trial court terminated Andrea’s parental rights pursuant to the Texas Family Code sections 161.001(1)(E) and (O). See TEX. FAM. CODE ANN. § 161.001(1)(E), (O) (West ... More...   $0 (02-23-2014 - TX)

In the matter of J.W., a juvenile

Appellant J.W. was charged with aggravated robbery. After a bench trial, the trial court found that J.W. engaged in delinquent conduct; removed J.W. from his home; and placed J.W. in the custody of the Harris County Juvenile Probation Department until his eighteenth birthday. J.W. contends on appeal that (1) the trial court erred by failing to suppress the statement he made to the police; and (2) ... More...   $0 (02-20-2014 - TX)

Robert Alver Lansink v. The State of Texas

Found guilty by the jury of Class B misdemeanor theft1 and sentenced by the trial court,2 Robert Alver Lansink contends that the trial court erred by denying his motion for new trial that argued that his trial counsel’s failure to cross-examine the arresting officer about the complainant’s account of the incident was ineffective assistance. We affirm.

Background

During the Decemb... More...
   $0 (02-20-2014 - TX)

Scott Fancher v. The State of Texas

A jury found appellant, Scott Fancher, guilty of the offense of theft of property worth more than fifty but less than five-hundred dollars.1 After finding 1 See TEX. PENAL CODE ANN. § 31.03(a), (e)(2) (Vernon Supp. 2013). 2 true the allegation in an enhancement paragraph that appellant had previously been convicted of a felony offense, the trial court assessed his punishment at confinement for 18... More...   $0 (02-20-2014 - TX)

Simon Bazille v. The State of Texas

Appellant Simon Bazille appeals his conviction for aggravated robbery. We affirm. 2 BACKGROUND Complainant Ismael Del Rio testified that, in the early morning hours of April 20, 2010, he stopped on the way home from a friend’s house to make an ATM deposit. He left his truck running with the headlights on when he got out so he could see his way. Before he could complete the deposit, he was approa... More...   $0 (02-20-2014 - TX)

Joel D. Mallory, Jr. v. Artic Pipe Inspection Company, Inc.

In two separate interlocutory appeals, Joel D. Mallory contends that the trial court erred by granting summary judgment to Locker & Lee, P.C. and later to Arctic Pipe Inspection Company, Inc. on claims related to their failure to protect Mallory’s interest in a personal injury lawsuit settlement. In four issues, Mallory complains that the trial court erred by (1) granting traditional and no-evid... More...   $0 (02-20-2014 - TX)

Brian Martinez v. The State of Texas

Appellant Brian Martinez appeals his conviction of burglary of a habitation. The two issues before us involve the legal insufficiency of the evidence underlying the conviction and the admissibility of extraneous offenses received during both the guilt/innocence and punishment phases of the trial. We affirm the judgment.

Sufficiency of the Evidence

Appellant argues the evidence is ins... More...
   $0 (01-23-2014 - TX)

Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

2

Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked... More...
   $0 (01-23-2014 - TX)

Wellogix, Inc. v. Accenture, L.L.P.

Plaintiff-Appellee Wellogix, Inc. alleged that Defendant-Appellant Accenture, L.L.P, misappropriated its trade secrets. After a nine-day trial, a jury returned a unanimous verdict against Accenture, awarding Wellogix compensatory and punitive damages. After a careful review of the record, we find that there was sufficient evidence to support the jury’s verdict, and the resulting damages awards. ... More...   $0 (01-15-2014 - TX)

Cynthia L. Clack v. Larry Wollschlager

Judge Les Hatch entered a Rule 13 sanctions order in which he ordered Cynthia L. Clack, an attorney, to pay $17,670 as a sanction for her conduct in the underlying lawsuit.1 See TEX. R. CIV. P. 13. We affirm.

1Claudia Donaldson also represented Kimberly Low Carlson in the underlying lawsuit. Judge Hatch ordered Donaldson, jointly and severally with Clack, to pay the $17,670 fine, but Donald... More...
   $0 (12-19-2013 - 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)

Kingsaire, Inc., dba Kings Aire, Inc. v. Jorge Melendez

Appellant Kingsaire, Inc. d/b/a Kings Aire, Inc. (hereinafter “Kings Aire”) appeals an adverse jury verdict and judgment in favor of its former employee, Jorge Melendez (hereinafter “Appellee” or “Melendez”) in a worker’s compensation retaliation and breach of contract suit. In three issues, Appellant challenges the legal and factual sufficiency of the jury verdict on retaliation, th... More...   $0 (11-22-2013 - TX)

Hybiscus Food Inc. and Sanjiv Chandan, Individually and Amir Ali Hanjani, Individually v. Atul Saraswat

Appellants Hybiscus Food, Inc. and Sanjiv Chandan were sued by Appellee Atul Saraswat for breach of contract and multiple torts over a sale of HFI stock shares to Saraswat. After a bench trial, the court awarded Saraswat a “lump sum monetary amount of $54,811.00.” Neither party requested findings of fact, and the trial court did not state how it calculated damages. Appellants claim the evidenc... More...   $0 (11-06-2013 - TX)

Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry

In nine issues, appellants Alief Independent School District (AISD), Dan Turner, and Henry Bonaparte challenge the judgment against them in favor of appellee Troy Perry on his whistleblower and First and Fourteenth Amendment claims. We affirm.

2

Factual History

AISD maintains its own police force. In 2004, AISD hired Perry to join AISD’s police force as “gang officer” to... More...
   $0 (10-31-2013 - TX)

Gillespie, Agerain v. Kroger Texas, L.P., The Kroger Co., et al

This is a premises liability case arising out of a slip and fall in a grocery store bathroom.

The trial court granted summary judgment in favor of Kroger Texas, L.P., the Kroger Co. and Kroger Store No. 488 (collectively, “Kroger”) on Agerain Gillespie’s claims. In two issues on appeal, Gillespie asserts the trial court erred in granting summary judgment on traditional and no-evidence... More...
   $0 (10-25-2013 - TX)

San Antonio Water System v. Debra Nicholas

Appellee Debra Nicholas sued appellant The San Antonio Water System (“SAWS”) for retaliation under the Texas Commission on Human Rights Act based upon two alleged adverse employment actions: SAWS terminated her employment and SAWS refused to consider her or offer her employment for other positions with the company that she applied for after her employment was terminated. Nicholas claimed both ... More...   $0 (10-23-2013 - TX)

Building Products Plus Co. L. C. v. Tamko Building Products, Inc.

Appellant Building Products Plus, Co., L.C. (BPP) appeals from the trial court’s take-nothing judgment in this breach of warranty suit against appellee TAMKO Building Products, Inc. In three issues BPP contends that the trial court

2

erred in granting TAMKO’s motion for judgment n.o.v. BPP also raises three issues addressing TAMKO’s alternative reasons for affirming the tri... More...
   $0 (10-10-2013 - TX)

Maria Antonia Pulido v. Evangelina Esther Gutierrez Gonzalez

Maria Antonia Pulido appeals the trial court’s grant of summary judgment in favor of appellee Evangelina Esther Gutierrez Gonzalez in Pulido’s suit to set aside the warranty deed conveying her homestead to her caretaker, Gonzalez. We

2

reverse the trial court’s grant of summary judgment with respect to Pulido’s forgery allegation, cancellation of the notice of lis pendens, de... More...
   $0 (08-29-2013 - TX)

Richard Miller v. Raytheon Company

A jury found that Raytheon Company (“Raytheon”) willfully violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and the Texas Commission on Human Rights Act (“TCHRA”), TEX. LAB. CODE § 21.001 et seq., by terminating Richard Miller (“Miller”) because of his age. The district court denied Raytheon’s motion for judgment as a matter of law (“JMOL”... More...   $0 (07-30-2013 - TX)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili... More...   $0 (07-19-2013 - TX)

Marjorie Champenoy v. Aaron Champenoy

Appellant, Marjorie Champenoy, challenges the trial court’s order modifying a divorce decree to appoint appellee, Aaron Champenoy, sole managing

2

conservator of their child.1 In four issues, Marjorie contends that the trial court erred in (1) not determining the adequacy of facts in support of Aaron’s Petition to Modify; (2) granting a change of custody when Aaron failed to show... More...
   $0 (06-30-2013 - TX)

$132,265.00 in U.S. Currency v. The State of Texas

This is an appeal from a civil forfeiture proceeding under chapter 59 of the Code of Criminal Procedure. TEX. CODE CRIM. PROC. ANN. arts. 59.01−.14 (West 2006 & Supp. 2012). In two issues, Charles Ejekute-Obi, a licensed pharmacist

2

from whom $132,265 was forfeited as proceeds gained from the unlawful dispensing of narcotics, contends the State presented (1) legally insufficient e... More...
   $0 (06-11-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2

Subdivision, Grimes County, Texas, conveyed three... More...
   $0 (05-30-2013 - TX)

In the Interest of T.B., K.Y., D.R., and D.R., Children

In this case, the mother1 and the attorney ad litem for the mother’s children T.B., K.Y., D.R.-1, and D.R.-2 appeal the trial court’s order terminating the parent-child relationship between the mother and K.Y., D.R.-1, and D.R.-2.2 The parental rights of

_______________________

1 T.B., K.Y., D.R.-1, and D.R.-2 were ages fifteen, eleven, eight and six respectively at the time of t... More...
   $0 (05-31-2013 - TX)

Emiel W. Owens, Jr. v. James E. Mason and Shelly Godfrey

Appellant, Emiel Owens, Jr., appeals the trial court’s judgment in favor of appellees, James E. Mason and Shelly Godfrey (collectively, “the Masons”), on their claims for nuisance and a permanent injunction. We affirm.

I. FACTUAL BACKGROUND

On July 7, 2003, Anderson Hills, Ltd, the developer of the Anderson Hills

2 Subdivision, Grimes County, Texas, conveyed three ... More...
   $0 (05-30-2013 - TX)

Michael Gray v. City of Galveston, Texas

Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City... More...   $0 (05-21-2013 - TX)

IN THE INTEREST OF L.D.W. AND V.D.W., CHILDREN

Mother appeals the trial court’s order granting Father’s counterpetition to modify the parent-child relationship, in which Father was appointed sole managing conservator of their children V.D.W. and L.D.W. and Mother was appointed possessory conservator of the children. We affirm.

2

I. BACKGROUND

On July 16, 2007, the trial court signed the final decree of divorce and appo... More...
   $0 (05-21-2013 - TX)

Theresa Wilson v. CBL/Parkdale Mall, G.P. a/k/a CBL Parkdale Mall, Lt.

Theresa Wilson sued CBL/Parkdale Mall GP, LLC a/k/a CBL Parkdale Mall LT, CBL Parkdale Crossing, GP, CBL Parkdale Crossing, and CBL & Associates, LLP (“Parkdale”) for premises liability. Parkdale filed a no-evidence motion for summary judgment, which the trial court granted. In a single issue on appeal, Wilson challenges the trial court’s decision to grant Parkdale’s no-evidence motion. We... More...   $0 (05-09-2013 - TX)

Richard Miller v. Raytheon Company

A jury found that Raytheon Company (“Raytheon”) willfully violated the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., and the Texas Commission on Human Rights Act (“TCHRA”), TEX. LAB. CODE § 21.001 et seq., by terminating Richard Miller (“Miller”) because of his age. The district court denied Raytheon’s motion for judgment as a matter of law (“JMOL”... More...   $0 (05-03-2013 - TX)

Giovany Flores v. The State of Texas

A jury convicted appellant Giovany Flores of aggravated robbery and sentenced him to 15 years in prison and a $10,000 fine. See TEX. PENAL CODE ANN. § 29.03 (West 2011). On appeal, Flores challenges the sufficiency of the

2

evidence, and he argues that the trial court abused its discretion by denying his motion to suppress, refusing to allow defense witnesses to testify at an eviden... More...
   $0 (04-09-2013 - TX)

Nosakhere Robert Bundick v. The State of Texas

Appellant was convicted of murder and sentenced to a term of forty years’ imprisonment. In seven issues, we must decide whether the evidence is legally sufficient to support the conviction, whether the trial court abused its discretion in certain evidentiary rulings, whether improper statements were made during voir dire, and whether there was error in the jury charge. We overrule each of appell... More...   $0 (04-04-2013 - TX)

Adriana Morales Hutson v. The State of Texas

A jury found appellant Adriana Morales Hutson guilty of prostitution. The trial court sentenced Hutson to 180 days’ confinement in the Harris County Jail, suspended the confinement, and placed Hutson on community supervision for two years. In one issue on appeal, Hutson contends the evidence is insufficient to support her conviction. We affirm.

2

I

On December 19, 2010, Offi... More...
   $0 (04-04-2013 - TX)

Jack Aaron Collins v. The State of Texas

Jack Aaron Collins appeals his jury conviction for theft of a trailer home valued at $500 or more but less than $1,500, a Class A misdemeanor. See TEX. PENAL CODE ANN. § 31.03(a); (e)(3) (West Supp. 2011). By two issues, Collins asserts that (1) the evidence was legally insufficient to show that he acted without effective consent; and (2) the trial court erred by refusing to instruct the jury reg... More...   $0 (04-04-2013 - TX)

Michael Antonio Sanders v. The State of Texas

Michael Antonio Sanders appeals his conviction for possession of between one and four grams of cocaine, for which he was sentenced to imprisonment for thirty-five years. In two issues, Appellant challenges the legality of the police search and the sufficiency of the evidence. We affirm.

BACKGROUND

Tyler Police Department officers Judson Moore and Adam Parker were patrolling on bicycl... More...
   $0 (04-04-2013 - TX)

 
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