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Texas Circumstantial Evidence Law
 
Bexar County v. Leticia Votion

Appellant Bexar County was sued by Leticia Votion for injuries she suffered when she allegedly tripped and fell in a Bexar County facility. Bexar County filed a plea to the jurisdiction, but it was denied. In this interlocutory appeal, Bexar County argues the trial court erred because, under the Texas Tort Claims Act (TTCA), it conclusively established it did not timely receive notice of the claim... More...   $0 (05-20-2015 - TX)

In the Int of MC, MC, MC, MC, and MC, Children

Appellant father (“Father”) and appellant mother (“Mother”) separately appeal the trial court’s order terminating their parental rights to their five children. On appeal, neither parent challenges the sufficiency of the evidence to support the trial court’s findings relating to the statutory grounds for termination. Rather, both contend the evidence is legally and factually insufficien... More...   $0 (05-18-2015 - TX)

In the Interest of J.R. and T.R.

Appellant father (“Father”) and appellant mother (“Mother”) separately appeal the trial court’s order terminating their parental rights to their children, J.R. and T.R. On appeal, neither Father nor Mother challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code. Rather, Father raises a single issue contending his... More...   $0 (05-06-2015 - TX)

First Transit, Inc. and Hollis (Simon) Silmon v. Hector Alfara, Dan Toltectl, Individually and a/n/f of D.I.T and a/n/f D.T. and David Cantu

This case arises from a multiple-vehicle accident involving a Metro Park’N’Ride bus. Appellants First Transit, Inc. and Hollis Silmon present four issues on appeal. In their first two issues, appellants contend the evidence is legally and factually insufficient to support the jury’s finding that (1) Silmon was involved in the accident and (2) the accident occurred in the manner alleged. In t... More...   $0 (04-07-2015 - TX)

In the Interest of E.L., M.R., and H.R., Children

Appellant, R.R., contends by seven issues that the evidence was insufficient to
support the trial court’s judgment involuntarily terminating his parental rights with respect
to M.R. and H.R.1 We affirm.
1 We refer to appellant and the children by their initials in accordance with rule of appellate
procedure 9.8. See TEX. R. APP. P. 9.8(b)(2) (providing that, in an appeal arising ... More...
   $0 (04-09-2015 - TX)

In the Interest of D.R.F., a Child

This is an accelerated appeal from the trial court’s order terminating appellant’s parental rights to her six-year-old son, D.F.R. On appeal, appellant asserts the evidence is insufficient to support the trial court’s findings that she failed to comply with the provisions of a court order that specifically established the actions necessary for her to obtain return of D.F.R., and that termina... More...   $0 (04-15-2015 - TX)

Dudley McAfee v. Monte Glen Yancey

In two issues, appellant Dudley McAfee appeals the trial court’s final protective order, contending that the evidence is legally and factually insufficient to support it. We affirm.
1See Tex. R. App. P. 47.4.
2
Background Facts2
Appellant has a romantic relationship with Karie Carr. Carr and appellee Monte Glen Yancey previously dated each other. Their relationship produced a chi... More...
   $0 (03-05-2015 - TX)

Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w... More...
   $0 (02-12-2015 - TX)

In the Estate of Edith Ann Hamner

In this will contest case, we are asked to decide whether the trial court erred by granting a motion for directed verdict favoring the proponent of the testatrix’s 1997 will. In three issues, the appellants argue that the trial court improperly granted the motion for directed verdict, erred by admitting the testatrix’s 1997 will for probate, and erred by denying a post-trial motion, which aske... More...   $0 (02-05-2015 - TX)

In The Estate of James M. Luthen, Deceased

This appeal concerns James M. Luthen's will and trust. The trial court granted
traditional summary judgment in favor of appellee Donald Ley,1 the named executor in
Luthen's will, and against appellants Patrick James Luthen, individually and as next
I Donald Ley is married to Luthen's daughter Sandra Ley.
friend of Andrew Luthen, and Rachel Luthen (collectively "contestants").2 Cont... More...
   $0 (11-24-2014 - TX)

Chrisondath Badall v. Rukmin Durgapersad

Appellees, Rukmin, Susan, Reshma, and Rehka Durgapersad (collectively, “the Durgapersads”) filed suit against appellant, Chrisondath Badall, asserting a
2
cause of action for the wrongful death of Ramdath Durgapersad. A jury found in the Durgapersads’ favor, and the trial court entered judgment based on the jury’s verdict. In five issues on appeal, Badall challenges the trial court... More...
   $0 (12-02-2014 - TX)

James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen... More...   $0 (11-19-2014 - TX)

Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Deana Pollard Sacks sued Thomas Hall and Gregory R. Travis for invasion of privacy. The trial court granted Hall’s and Travis’s no evidence and traditional motions for summary judgment against Sacks. On appeal, Sacks identifies eight issues in which she asserts that the trial court erred in granting the motions for summary judgment.
2
We affirm.
Background Summary
Deana Pollard... More...
   $0 (11-20-2014 - TX)

Hua Xu v. David K. Lam a/k/a Ka Pun Lam a/k/a Ka P. Lam a/k/a David Lam a/k/a Kapun Lam and Jia Tian a/k/a Angela Tian

This is a dispute between a real estate investor and the two agents who managed her properties. Hua Xu (the “Investor”) sued David K. Lam and Jia Tian (collectively, the “Agents”), seeking damages for breach of contract, fraud, and breach of a fiduciary duty. After a trial by jury, the Agents moved for a directed verdict, which the trial court granted on the basis of limitations.
2
... More...
   $0 (11-06-2014 - TX)

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group v. Lisa Ramirez

Albert Ralph Velasquez, Associated Transportation Services, LLC, and P5 Management Group appeal the trial court’s judgment awarding Lisa Ramirez damages and attorney’s fees based on the jury’s verdict that Velazquez committed fraud.
BACKGROUND
In May 2008, the City of San Antonio issued a request for proposals “for the provision of prompt, reliable and efficient towing services for... More...
   $0 (10-15-2014 - TX)

United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith

Appellants seek reversal of the trial court’s order denying their motion to compel
arbitration against plaintiff and former employee Thomas Smith. We affirm.

BACKGROUND

Smith alleges that Appellant unlawfully terminated him on the basis of age during a
series of workforce reduction layoffs that targeted only older employees. Smith further alleges
that he refused to ... More...
   $0 (09-17-2014 - TX)

Golden Corral Corporation d/b/a Golden Corral and Corral Group, Incorporated v. Cynthia Trigg

In this appeal, Golden Corral Corporation d/b/a Golden Corral and Corral Group, Incorporated (collectively, Golden Corral) contend the warning they provided to their customers concerning the presence of liquid on the floor in their restaurant discharged the duty they owed their invitees as a matter of law. Following a jury trial, the jury found Golden Corral negligent in a slip and fall case. Subs... More...   $0 (09-04-2014 - TX)

In the Interest of R.S.D. a child

The trial court terminated appellant’s parental rights on the grounds that appellant constructively abandoned her child; failed to comply with a court order that specifically established the actions necessary for her to obtain the child’s return; and knowingly engaged in criminal conduct that resulted in her conviction of an offense and confinement or imprisonment and inability to care for the... More...   $0 (09-03-2014 - TX)

Annie East v. Southwest Cimm's Inc. d/b/a Burger King #1002 a/k/a Cimm's Incorporated

Appellant, Annie East, challenges the trial court’s rendition of summary judgment in favor of appellee, Southwest Cimm’s Inc., doing business as Burger King #1002, also known as Cimm’s Incorporated (“Cimm”), on her claim against
2
Cimm for premises liability. In her sole issue, East contends that the trial court erred in granting Cimm summary judgment.
We reverse and remand.<... More...
   $0 (08-28-2014 - 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)

Daniel Valdez v. Recon Services, Inc.

Appellant Daniel Valdez sued appellee Recon Services, Inc., his former employer,
alleging wrongful termination in retaliation for his having filed a workers’ compensation claim.
Recon filed a motion for summary judgment, which the trial court granted, dismissing Valdez’s suit.
Valdez appeals, arguing that fact issues remained as to each element of his claim and that the trial
c... More...
   $0 (08-20-2014 - TX)

In the Interest of C. R. M., A. L. T., and L. N. T., Children

Appellant, T.L.M., challenges the trial court’s termination of her parental rights to A.L.T. and L.N. T. 1 In her sole issue on appeal, T.L.M. argues that the
1 T.L.M. does not challenge the portion of the trial court’s order regarding C.R.M. None of the fathers or the grandparents who intervened are parties to this appeal.
2
evidence was legally and factually insufficient to suppo... More...
   $0 (08-21-2014 - TX)

Union Pacific Railroad Company v. Estate of Geronimo Gutierre

In this Federal Employers’ Liability Act (“FELA”) case,1 Union Pacific Railroad Company appeals from the final judgment rendered on the jury’s verdict in favor of the estate of Geronimo Gutierrez, deceased, Amelia Gutierrez and Adrian Gutierrez, individually in their capacities as dependents of Geronimo Gutierrez, deceased, and Amelia Gutierrez, in her capacity as administratrix of the est... More...   $0 (08-21-2014 - TX)

KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat... More...
   $0 (08-12-2014 - TX)

Nickey Vanexel v. The State of Texas

A jury found appellant Nickey Van Exel, a/k/a Nickey Vanexel,1 guilty of murder and assessed punishment of sixty years’ imprisonment and a $10,000 fine. The trial judge rendered judgment on the jury’s verdict. Appellant raises four issues on appeal. We affirm.
I. BACKGROUND
In July 2011, the State indicted appellant for capital murder, alleging that he shot and killed Bradley Eyo in th... More...
   $0 (08-04-2014 - TX)

The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to... More...
   $0 (08-08-2014 - 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)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
2
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

In the Interest of S.C., a child

Appellant, R.C., appeals the trial court’s order terminating her parental rights to her daughter S.C.1 By a single issue, she maintains the evidence is legally and factually insufficient to support the trial court’s finding that termination of her parental rights was in S.C.’s best interest as specified in section 161.001(2) of the Texas Family Code. We affirm.
1 To protect the parent's ... More...
   $0 (07-23-2014 - TX)

The Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga... More...   $0 (07-16-2014 - TX)

John Stillwell v. Halff Associates, Inc., and Diane Popken

John L. Stillwell appeals from a summary judgment granted in favor of Halff Associates, Inc. and Dianne Popken in his wrongful termination lawsuit. On appeal, Stillwell contends the trial court erred in granting summary judgment and in overruling his objections to Halff’s summary judgment evidence. Concluding that fact issues exist, we reverse the trial court’s judgment and remand this case to... More...   $0 (07-15-2014 - TX)

In the Estate of Joseph T. Marek, II deceased

After Joseph T. Marek 11 died intestate, his sister, Patricia Diane Barreld, filed an
application to declare heirship identifying herself and another brother as the decedent’s only
heirs. Debora Anderson intervened, claiming that she and Marek had an informal marriage.
After a trial before the court, the trial court determined that Anderson was Marek’s surviving
spouse and awar... More...
   $0 (07-07-2014 - TX)

Sergio Martinez Ramos v. The State of Texas

Sergio Martinez Ramos was indicted for three offenses—evading arrest or detention in a motor vehicle, aggravated assault against a public servant, and driving while intoxicated (third offense or more)—and he was alleged to have used or exhibited a deadly weapon in committing each of these offenses. He pleaded guilty to evading arrest or detention, and the jury convicted him of the DWI and aggr... More...   $0 (06-29-2014 - TX)

In the Interest of J.K.B. and J.D.B., Minor Children

Roy1 filed suit to terminate the parent-child relationship between him and J.K.B. and J.D.B., pursuant to Texas Family Code section 161.005. See TEX. FAM. CODE ANN. § 161.005 (Vernon 2014). The statute permits a man to terminate the parent-child relationship with a child if he satisfies certain statutory criteria

1 We refer to the parties involved by either first names only or initials to ... More...
   $0 (06-26-2014 - TX)

American Risk Management Company, Inc. v. Ahmad Abousway and Ibrahim Abousway

This is an appeal from a judgment awarded to homeowners Ahmad and Ibrahim Abousway, who submitted a claim for loss of property following a fire. The appellant insurance company challenges the sufficiency of the evidence to support the trial court’s judgment and findings of fact and conclusions of law. We affirm.

2

BACKGROUND

Ahmad and Ibrahim Abousway had a homeowner insuran... More...
   $0 (06-17-2014 - TX)

Nichole Turner v. The State of Texas

A jury convicted appellant Nichole Turner of intentionally or knowingly causing serious bodily injury to her boyfriend’s five-year-old son, see Tex. Penal Code § 22.04(a)(1), and sentenced her to 35 years in the Texas Department of Criminal Justice, see id. § 12.32. In three points of error on appeal, appellant asserts that the evidence is insufficient to support her conviction, the omission o... More...   $0 (06-17-2014 - TX)

Gordon Westergren & Mark Sparks v. Johnnie Glenn Jennings, Jr.

In this appeal, we consider whether the trial court erred in imposing sanctions against appellant and his attorney pursuant to Chapter 10 of the Civil Practices and Remedies Code. We vacate the trial court’s order.

2

BACKGROUND

The Real Estate Contracts

Sometime before April 2006, plaintiff, Gordon Westergren, conceived an idea to develop a rail-served warehouse devel... More...
   $0 (06-12-2014 - TX)

College of the Mainland v. Bruce Glover

This is a case of alleged gender discrimination. Bruce Glover claims that his employer, the College of the Mainland (the “College”), gave preferential treatment to female colleagues in matters concerning their compensation. The College moved to dismiss, claiming that the trial court lacked jurisdiction because Glover had not timely pursued his administrative remedies. On alternative grounds, t... More...   $0 (06-05-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

Timothy Lee Seaver v. The State of Texas

Timothy Lee Seaver appeals his conviction for possession of a controlled substance, over one gram and under four grams of methamphetamine, a third degree felony enhanced to a second degree felony.1 A jury found Appellant guilty and sentenced him to ten years’ confinement in the Texas Department of Criminal Justice - Institutional Division. For the reasons that follow, we affirm the judgment of t... More...   $0 (06-08-2014 - TX)

 
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