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Texas Circumstantial Evidence Law

The Law Offices of John S. Young, P.C. v. Michael Deadman, Temporary Administrator of The Estate of John Edward Sullivan, Deceased

The Law Offices of John S. Young, P.C.1 appeals from the trial court’s final summary
judgment dismissing its claims against Michael Deadman, temporary administrator of the estate of
John Edward Sullivan. In four issues, the Law Office contends that the trial court erred in granting
summary judgment in Deadman’s favor. We will affirm the trial court’s summary judgment.
   $0 (09-15-2017 - TX)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate
1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael.
attorney’s fees, require Mic... More...
   $0 (09-15-2017 - TX)

United States of America v. Martin Araiza-Jacobo

Federal Courthouse - Brownsville, Texas

Brownsville, TX - Legal Permanent Resident Sentenced to Prison for Importing Meth

A 56-year-old legal permanent resident alien who resided in Matamoros has been ordered to prison following his conviction of methamphetamine trafficking. A federal jury convicted Martin Araiza-Jacobo on June 14, 2017, for conspiracy to possess and possession of methamphetamine with intent to deliver as well ... More...
   $0 (09-15-2017 - TX)

United States of America, et al. v. Solvay Pharmaceuticals, Inc.

Fifth Circuit Court of Appeals - New Orleans, Louisiana

John King and Tammy Drummond (collectively, “Relators”) appeal the
district court’s grant of summary judgment to Solvay Pharmaceuticals, Inc., on
their False Claims Act (“FCA”) claims and a subsequent ruling that partly
granted court costs to Solvay. For the reasons explained below, we AFFIRM.
I. Background
Relators are both former Solvay sales and marketing employees. Th... More...
   $0 (09-15-2017 - TX)

United States of America v. Marquis Konrad Streaty

Federal Courthouse - Fort Worth, Texas

Fort Worth, TX - Arlington Man Sentenced to 180 Months in Federal Prison for the Attempted Enticement of a Minor

Marquis Konrad Streaty, 32, of Arlington, Texas, was sentenced today before U.S. District Judge Reed C. O’Connor to 180 months in federal prison for the attempted enticement of an individual Streaty believed to be a 13-year-old female, announced U.S. Attorney John Parker of the... More...
   $0 (09-07-2017 - TX)

Elizabeth Fret v. Melton Trucklines, Inc. and Darrell Edmond

Fifth Circuit Court of Appeals - New Orleans, Louisiana

In this appeal, Elizabeth Fret (“Fret”) contends the district court erred in granting summary judgment in favor of Melton Truck Lines (“Melton”) and Darrel Edmond (“Edmond”). Because the summary judgment burden never
shifted to Fret with regard to Fret’s simple negligence claim, we REVERSE the
judgment on the simple negligence and respondeat superior claims and
REMAND those claims only... More...
   $0 (09-06-2017 - TX)

Joseph Montano v. State of Texas

Fifth Circuit Court of Appeals - New Orleans, Louisiana

Joseph Montano’s felony trial was terminated when the state trial judge declared a mistrial after a witness invoked his Fifth Amendment right against self-incrimination while testifying at trial. After Texas determined to retry him, Montano unsuccessfully sought relief in Texas court, arguing that a retrial would violate his rights under the Fifth Amendment’s Double Jeopardy Clause. Montano then f... More...   $0 (09-05-2017 - TX)

iLife Technologies Inc v. Nintendo of America, Inc.

Dallas, TX - iLife Technologies Inc sued Nintendo of America, Inc. on a patent infringement theory claiming that it infringed U.S. Patent No. 6,864,796 for a "system and mthods for evaluating movement of a body relative to an environment." The patent drawings showed a body-mounted motion detector that could detect falls in the elderly.

Nintendo denied that it infringed iLife's patent.
... More...
   $10100000 (09-02-2017 - TX)

Buddy Wayne Webb v. Lori Beth Schlagal

Midland County Texas Courthouse

Buddy Wayne Webb appeals the trial court’s lifetime protective order that
enjoined him from any contact or communication with his ex-wife, Lori Beth
Schlagal, and her minor daughter. The Midland County district attorney alleged in
the application for a protective order that Webb had engaged in a course of conduct
that constituted stalking, as defined by Section 42.072 of the ... More...
   $0 (09-01-2017 - TX)

Barbara Jean Susaraba v. John Royal Bates

Appellant Barbara Jean Susaraba appeals the trial court’s order granting summary judgment in favor of appellee John Royal Bates. Susaraba challenges the trial court’s order through two issues. We will reverse the court’s judgment.
In 2007, Susaraba loaned money to her daughter and son-in-law, Kathleen and appellee John Royal Bates, to help them start a business. The Bates signed... More...
   $0 (08-31-2017 - TX)

In the Interest of N.V.R., D.A.R., and J.T.R., Children

As the result of the most recent order affecting the parent-child relationships among the parents, William Runnels and Domanita Craddock-Neal, and their three children, Natasha, Jamal, and Devin,1 what previously had been essentially equal parental rights were strengthened for Domanita and weakened for William. On appeal, William argues that, in the latest hearing, the trial court erroneously admi... More...   $0 (08-31-2017 - TX)

B.C. v. Steak N Shake Operations, Inc.

B.C. appeals the trial court’s take-nothing summary judgment on her common-law
assault claim against her former employer, Steak N Shake Operations, Inc. (SNS). On original
submission, this Court concluded B.C.’s claim was barred as a matter of law by the Texas
Commission on Human Rights Act.1 B.C. v. Steak N Shake Operations, Inc., 461 S.W.3d 928,
928 (Tex. App.—Dallas 2015). The T... More...
   $0 (08-31-2017 - TX)

Tommy Ernest Swate, M.D. v. Texas Medical Board

Tommy Ernest Swate, M.D., appeals the district court’s judgment affirming the final
order issued by appellee, Texas Medical Board2 (the Board), revoking his license to practice
medicine in Texas. The Board revoked Dr. Swate’s license after determining that he violated the
Texas Medical Practice Act, see Tex. Occ. Code §§ 151.001-169.005 (the Act) and certain Board
rules, see 22 Tex... More...
   $0 (08-31-2017 - TX)

H. C. and D. S. C. v. Texas Department of Family and Protective Services

Williamson County Courthouse - Georgetown, Texas

H.C. and D.S.C. appeal from the trial court’s order terminating their parental rights
to their minor children, D.S.C. Jr. and L.C. See Tex. Fam. Code § 161.001. In support of its petition
to terminate H.C.’s and D.S.C.’s parental rights, the Texas Department of Family and Protective
Services (the Department) alleged that each parent: (1) knowingly placed or knowingly allowed the
ch... More...
   $0 (08-30-2017 - TX)

Grant Rawston Headifen v. Vanessa Harker

Travis County Courthouse - Austin, Texas

Grant Rawston Headifen appeals the district court’s judgment denying his petition
for bill of review. Headifen contends that the trial court erred because he demonstrated that he had
a meritorious ground of appeal, which he was prevented from presenting by official mistake,
unmixed with fault or negligence on his part. Because we hold that Headifen failed to exercise due
diligence ... More...
   $0 (08-30-2017 - TX)

State of Texas v. Randy Abundio Barron

Lamesa, TX - Jury Convicts Defendant of Tampering With or Fabricating Evidence

The State of Texas charged Randy Abundio Barron, age 31, with tampering with or fabricating physical evidence.... More...
   $0 (08-25-2017 - TX)

Marda Whitney v. El Paso Independent School District

Marda Whitney sued the El Paso Independent School District (EPISD) under the Texas
Whistleblower statute. TEX.GOV’T CODE ANN. § 554.002 (West 2012). The case comes to us after
the trial court granted EPISD’s motion for summary judgment. For the reasons explained below,
we affirm.
Whitney was a long t... More...
   $0 (08-23-2017 - TX)

Miguel Ponce and Chrystal Ponce v. James Diaz, Jr. and Mary Diaz

Texas Court of Appeals, Second District Courthouse - Fort Worth, Texas

Appellants Miguel Ponce and Chrystal Ponce filed a motion for rehearing of our July 13, 2017 memorandum opinion and judgment. We deny the motion
1See Tex. R. App. P. 47.4.
for rehearing but withdraw our July 13, 2017 opinion and substitute the following in its place.
In one legal sufficiency issue and five factual sufficiency issues, the Ponces appeal the trial court’s judgment f... More...
   $0 (08-25-2017 - TX)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased

Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

Jodie Kelly v. Seth A. Nichamoff

Fifth Circuit Court of Appeals - New Orleans, Louisiana

This interlocutory appeal arises out of the district court’s denial of Defendant-Appellant Seth Nichamoff’s motion to dismiss based on his assertion of Texas’s attorney immunity. Plaintiff-Appellee Jodie Kelly’s complaint alleges that Nichamoff conspired with two other Defendants to defraud her into purchasing undervalued shares of Legacy Automation, Power & Design, Inc., a Texas company owned by ... More...   $0 (08-18-2017 - TX)

Marvin Ray Yates, et al. v. Bryan Collier, et al.

Fifth Circuit Court of Appeals - New Orleans, Louisiana

This appeal presents yet another chapter in a long saga of challenges to conditions of confinement in prisons throughout this circuit. The plaintiffs are inmates in the Wallace Pack Unit, a prison operated by the Texas Department of Criminal Justice. They allege violations of the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act due to the high temperatures in the p... More...   $0 (08-25-2017 - TX)

Ricky Moore v. David D. Moore

Fifth Circuit Court of Appeals - New Orleans, Louisiana

Plaintiff Ricky Moore appeals the district court’s denial of his motion for preliminary injunction to enjoin the enforcement of two rules affecting his ability to speak in a public park. We find no error on the part of the district court and therefore AFFIRM.
I. Background
This dispute centers on Plaintiff Ricky Moore’s speech rights in Klyde Warren Park, a 5.2-acre park that connects down... More...
   $0 (08-25-2017 - TX)

SCA Promotions, Inc. v. Yahoo!, Inc.

SCA Promotions, Inc. (“SCA”) brought a breach of contract suit against
Yahoo!, Inc. (“Yahoo”), alleging that Yahoo failed to pay contractual
cancellation fees. Yahoo brought various counterclaims. The district court
granted Yahoo’s motion for summary judgment and denied SCA’s motion for
summary judgment on SCA’s breach of contract claim. It granted SCA’s motion
for summary judg... More...
   $0 (08-21-2017 - TX)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

John Nelson v. Carlos Pasol and Jovita De Pasol

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...
   $0 (08-24-2017 - TX)

Caroline H. Martinez, Individually and Trustee of The Caroline H. Martinez Revocable Living Trust v. Robert Martinez

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Chon and Elizabeth Martinez, Caroline’s and B... More...
   $0 (08-24-2017 - TX)

Coye Q. McMillan v. Joe Harris, Individually and as Representative of the Estate of Randi Harris

This interlocutory appeal concerns the adequacy of expert reports under the
standards that apply to health care liability claims. See Tex. Civ. Prac. & Rem. Code.
Ann. § 74.351 (West 2017). Dr. Coye Q. McMillan appeals the trial court’s order
denying his motion to dismiss a health care liability claim brought by Joe Harris,
individually and as representative of the estate of Randi ... More...
   $0 (08-17-2017 - TX)

Marda Whitney v. El Paso Independent School District

Marda Whitney sued the El Paso Independent School District (EPISD) under the Texas Whistleblower statute. TEX.GOV’T CODE ANN. § 554.002 (West 2012). The case comes to us after the trial court granted EPISD’s motion for summary judgment. For the reasons explained below, we affirm.
Whitney was a long time teacher in EPISD. For the time-period at issue, she taught a computer l... More...
   $0 (08-24-2017 - TX)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Damiend Lavar Sullivan v. State of Texas

Damiend Lavar Sullivan (appellant) appeals, through three issues, his conviction
for possessing a controlled substance. The first involves the denial of his motion to
suppress evidence. The second and third concern the State’s proof of the
enhancement allegations and an inaccurate judgment, respectively. We modify the
judgment and affirm it as modified.
B... More...
   $0 (08-16-2017 - TX)

Hercules Darnell Lawton v. The State of Texas

Following an open plea of guilty, Appellant, Hercules Darnell Lawton, was
convicted of possession of marihuana in an amount of four ounces or more but less
than five pounds, a state jail felony.1 Punishment was assessed at two years
confinement, suspended in favor of five years community supervision, and a $5,000
   $0 (08-16-2017 - TX)

Joseph Hercules Norton v. the State of Texas

On January 27, 2016, pursuant to chapter 64 of the Texas Code of Criminal
Procedure, the trial court entered an order directing the forensic DNA testing of two
items of evidence: (1) a pair of blue jeans taken from Appellant, Joseph Hercules
Norton, and (2) a known sample of the victim’s blood. See TEX. CODE CRIM. PROC. ANN.
art. 64.01-05 (West Supp. 2016).1 Testing resulte... More...
   $0 (08-16-2017 - TX)

Albert Ridgeway v. The State of Texas

Sixth Court of Appeals of Texas - Texarkana, Texas

Albert Ridgeway was convicted by a jury of aggravated sexual assault of a child and was
sentenced to twenty-five years’ imprisonment. Ridgeway’s sole point of error on appeal alleges
that the evidence is insufficient to establish his guilt.1 Because we conclude otherwise, we affirm
the trial court’s judgment.
I. Standard of Review
The standards ... More...
   $0 (08-24-2017 - TX)

Frank A. Trevino and Sidelia Trevino v. The City of Pearland

Brazoria County Courthouse - Angelton, Texas

This appeal arises out of a dispute between a city and property owners in
connection with the city’s land acquisition. The owners of one piece of property
conveyed a portion of their property to the city for an agreed-upon price. When the
city and the property owners clashed over the amount the city would pay the owners
for expenses related to the relocation of their business, liti... More...
   $0 (08-24-2017 - TX)

Felipe Gonazlez, et al v. UniversalPegasus International, Inc., et al.

Fourteenth District Court of Appeals Courthouse - Houston, Texas

This case involves minority shareholders in a Delaware corporation who
claim that the corporation and its board of directors sought to divest them of their
shares through an attempted restructuring of the company. The minority
shareholders appeal from a summary judgment against them on their claims of
breach of contract, breach of fiduciary duty, and violations of the Texas Securit... More...
   $0 (08-24-2017 - TX)

Savannah Gonzalez and Krystal Gonzalez v. Stephanie Gonzalez

Appellants Savannah Gonzalez and Krystal Gonzalez assert that the trial court erred in granting appellee Stephanie Gonzalez’s motion for summary judgment.1 We reverse the trial court’s judgment and remand.
Savannah and Krystal are the shareholders of W.D. Properties, Inc., a company which owned a building in Dallas. On January 26, 2007, W.D. Properties forfeited its Texas corpor... More...
   $0 (08-22-2017 - TX)

Janette Hampton v. Barbara Miskell

Appellant Janette Hampton sued appellee Barbara Miskell to recover damages for injuries she sustained in a motor vehicle accident. A jury found Miskell’s negligence proximately caused the accident, but awarded Hampton only a fraction of the damages she sought. In a single issue, Hampton contends the trial court abused its discretion by allowing expert testimony about the speed Miskell’s vehicle wa... More...   $0 (08-21-2017 - TX)

Elicia Bailey v. Jeremy Gasaway

In this appeal from a suit to modify the parent-child relationship, Elicia Bailey, acting
pro se, appeals from the trial court’s final order that appointed Jeremy Gasaway the sole managing
conservator of the parties’ child, appointed Bailey possessory conservator with child support
obligations, and limited Bailey’s access and possession of the child to supervised visitation at
spec... More...
   $0 (08-22-2017 - TX)

In re the Commitment of Michael Edward Perdue

The State filed a petition to commit Michael Edward Perdue as a sexually
violent predator (SVP). A jury found that Perdue is an SVP, and the trial court
rendered a final judgment and a civil-commitment order. Perdue appeals,
contending in one issue that the trial court erroneously granted the State’s motion
for partial directed verdict on whether Perdue is a “repeat sexually violen... More...
   $0 (08-17-2017 - TX)

Melissa Patino-Perez, Individually and as Representative of the Estate of Marcelino Patino, Maria Patino-Perez and Ector Patino v. Nicholas K. Howland

Appellants, Melissa Patino-Perez, individually and as representative of the estate of Marcelino Patino, Maria Patino-Perez, and Ector Patino (collectively, “the Patinos”), challenge the trial court’s judgment, rendered after a trial to the court, in their suit for negligence and wrongful-death1 against appellee, Nicholas K. Howland. In four issues, the Patinos contend that the evidence is factuall... More...   $0 (08-22-2017 - TX)

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