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Texas Circumstantial Evidence Law
 
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)

United States of America v. Moses Coppin

Moses Coppin and Tameka Bennett appeal a jury verdict finding them guilty on multiple criminal charges. We VACATE Coppin’s and Bennett’s convictions on Count One for conspiracy. We AFFIRM their convictions on the remaining counts. We REMAND for resentencing.

FACTS AND PROCEDURAL HISTORY

Around noon on October 29, 2010, Alicia Madrigal allowed two men in green vests posing as term... More...
   $0 (06-02-2014 - TX)

Richard Brumfield v. Texas Department of Transportation

Appellant Richard Brumfield appeals the trial court’s order granting the motion for summary judgment and plea to the jurisdiction of Appellee Texas Department of Transportation (TxDOT). We will affirm.

In late June and early July 2010, TxDOT performed a “mill and overlay” to repair cracks in the northbound service road near the entrance ramp to SH 360.

1See Tex. R. App. P. 47.4... More...
   $0 (05-29-2014 - TX)

Michael O. Pickens v. Elizabeth Cordia, Pamela Pickens, T. Boone Pickens, Jr. and Thomas B. Pickens, III

Appellant Michael O. Pickens is the brother of appellees Elizabeth Cordia, Pamela Pickens, and Thomas B. Pickens III, and the son of appellee T. Boone Pickens Jr. Appellees sued Michael for invasion of privacy by public disclosure of private facts, defamation, statutory libel, and intentional infliction of emotional distress for remarks he published about them on a blog. In addition, Pamela brough... More...   $0 (05-22-2014 - TX)

BNSF Railway Company v. James E. Phillips

Upon consideration of Appellant BNSF Railway Company’s motions for rehearing and reconsideration en banc, Appellee James E. Phillips’s response, and BNSF’s reply, this court denies the motion for reconsideration en banc in a separate order today, and we deny the motion for rehearing. However, we withdraw our prior opinions and judgment of August 1, 2013 and substitute the following.

... More...
   $1901000 (05-22-2014 - TX)

Samantha Pietszak v. William Fletcher

When Samantha Pietszak and William Fletcher divorced, the trial court granted both parents joint managing conservatorship of their son, A.F., and gave Pietszak the right to determine his primary residency. Approximately two years later, Fletcher moved to modify the conservatorship order. Pietszak appeals the

2

trial court’s modified order, which preserves the parents’ joint m... More...
   $0 (05-15-2014 - TX)

The University of Texas Health Science Center at Houston v. Teresa McQueen and Clarence McQueen, Jr.

In this health care liability case, appellant the University of Texas Health Science Center at Houston (“UTHSCH”) challenges on interlocutory appeal the trial court’s denial of its plea to the jurisdiction based on sovereign immunity in favor of appellees Teresa McQueen and Clarence McQueen. Concluding that the trial court erred when it denied UTHSCH’s plea to the jurisdiction, we reverse ... More...   $0 (05-06-2014 - TX)

Cowboys Concert Hall-Arlington v. Bruce Jones

Appellant Cowboys Concert Hall–Arlington, Inc. (Cowboys) appeals from the trial court’s judgment entered in favor of appellee Bruce Jones (Bruce) after a jury verdict. We affirm the trial court’s judgment in part but reverse the trial court’s gross-negligence and exemplary-damages judgment and render a take-nothing judgment on those issues. We also reverse the trial court’s judgment
<... More...
   $0 (05-01-2014 - TX)

The City of Keller v. Kimberlee Diane Meadors Hall and A. Thomas Hall

In this case, we consider whether Appellant the City of Keller established as a matter of law that the trial court had no jurisdiction over the inverse condemnation claim brought by Appellees Kimberlee Diane Meadors Hall and A. Thomas Hall. The Halls sued the City alleging that various actions by the City caused repeated flooding of their property. The City filed a plea to the jurisdiction, which ... More...   $0 (05-01-2014 - TX)

Melina Ortiz-Guevara v. City of Houston

A City of Houston employee, Officer Lemant Monroe, rear-ended Melina Ortiz-Guevara’s stopped car, causing her car to propel forward and strike another car. Another City of Houston employee, Officer S. Boone, investigated the incident and prepared an accident report. The accident report states that Officer Monroe “failed to control speed striking” Ortiz-Guevara, listing the sole factor or con... More...   $0 (04-22-2014 - TX)

Julio M. Aguilera v. Delmis S. Aguilera

JulioMarcos Aguilera appeals from a final judgment of divorce, chiefly complaining about the property division, conservatorship order, and child support. In an opinion dated February 26, 2014, we abated and remanded this appeal to the trial court for the entry of findings pursuant to section 154.130(b) of the Texas Family Code. See TEX. FAM. CODE ANN. § 154.130(b) (West 2014). The trial court has... More...   $0 (04-23-2014 - TX)

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)

 
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