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Texas Circumstantial Evidence Law
 
Nicole Burton v. Freescale Semiconductor, Inc., et

Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency. Beginning in 2009, Burton worked for Freescale as one such “temp” employee. In 2009 and 2010, Burton received generally positive-to-neutral performance reviews. In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the pl... More...   $0 (08-11-2015 - TX)

Wendy Schreiber v. State Farm Lloyds

In this insurance-coverage case, the trial court rendered judgment that the insured take nothing based on the jury’s verdict in favor of the insurer. The verdict included a finding that the fire that destroyed the insured’s home was intentionally caused with the insured’s prior knowledge or participation. On appeal, the insured asserts that the trial court reversibly erred in prohibiting her from ... More...   $0 (07-28-2015 - TX)

The Kroger Co. v. Christopher Milanes

Appellant, The Kroger Company, a non-subscriber to workers’
compensation insurance, appeals from a final judgment in favor of appellee
Christopher Milanes, a Kroger employee who was seriously injured while cutting
meat. In its first two issues, Kroger contends the trial court erred when it
submitted Milanes’s claim to the jury on a general negligence theory rather than a
premis... More...
   $0 (07-30-2015 - TX)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

In the Interest of D. L. D., Jr., L. L.S., J. J. S., H. N. S., children v. Department of Family and Protective Services

Following a bench trial, the trial court signed a judgment terminating the parent–child relationship between J.T.D. (“Mother”) and her four minor children:
2
D.L.D., L.L.S., J.J.S. and H.N.S.1 On appeal, Mother presents two issues. She claims that the evidence was not legally or factually sufficient to support the trial court’s judgment, and she alleges that the trial court engaged in misc... More...
   $0 (07-23-2015 - TX)

$201,100.00 U. S. Currency v. The State of Texas

The State initiated forfeiture proceedings to seize $201,100 in United States currency from James Harold Leonard, Nicosa Desha Kane, and Lisa Olivia Leonard (“appellants”). The trial court found that: (1) appellants were the “possessors and/or owners” of the $201,100; (2) the $201,100.00 is contraband; and (3) “[a] substantial connection exists between the $201,100.00 and criminal activity defined... More...   $0 (07-16-2015 - TX)

In the Interest of K.N.M.M., a Child

Appellant, L.N.W.B., is the mother of the child K.N.M.M.1 and had her parental rights to K.N.M.M. terminated by final judgment of the trial court on the 20th day of February, 2015. L.N.W.B. has appealed, contending that the evidence is insufficient to find by clear and convincing evidence any of the predicate acts alleged by the Department of Family and Protective Services or, that termination of ... More...   $0 (07-13-2015 - TX)

In the Interest of L.L.W., S.Y.W. and L.D.L., children

Appellant mother (“Mother”) appeals from a trial court’s order terminating her parental rights. The Texas Department of Family and Protective Services (“the Department”) moved to terminate Mother’s parental rights on numerous grounds. See TEX. FAM. CODE ANN. §§ 161.001(A)–(G), (I)–(K), (N)–(R), 161.003 (West 2014). After a hearing, the trial court found Mother’s parental rights should be terminate... More...   $0 (07-15-2015 - TX)

Art Reyna v. Irene Baldridge and Kathy Hill

Appellant Art Reyna was sued by Appellees Irene Baldridge and Kathy Hill for libel per se based on a printed campaign advertisement distributed shortly before a Leon Valley City Council election in May 2013. Reyna moved to dismiss Appellees’ suit under the Texas Citizens Participation Act (TCPA), but the trial court denied his motion, and he filed this interlocutory appeal. Because Appellees estab... More...   $0 (07-15-2015 - TX)

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased v. Mary Adams as Independent Executor of the Estate of Bettie Maxey, Deceased

James L. Janes, Sam Britton Pyland, Jr. as Independent Executor of the Estate of Lucy Pyland, Deceased, and Dennis Spence Janes as Independent Executor of the Estate of Woodrow Wilson Janes, Deceased appeal from a denial of their contest of the will of Bettie Maxey, who had passed away in 2011. The appellants complain that the evidence
Janes v. Adams Page 2
was legally and factually insuff... More...
   $0 (07-09-2015 - TX)

In the Interest of Z.R.M., child

Marla appeals the trial court’s order terminating her parental rights to her child, Ryan, arguing that the evidence was legally and factually insufficient to support a finding that termination was in the child’s best interest.1 We affirm.
BACKGROUND
The Texas Department of Family Services became involved in this case in November 2013, after receiving a neglectful supervision referral about... More...
   $0 (07-08-2015 - TX)

In the Interest of LG, a child

Appellant mother (“Mother”) appeals the trial court’s order terminating her parental rights to her child, L.G. Mother does not challenge the sufficiency of the evidence to support the trial court’s findings under section 161.001(1) of the Texas Family Code (“the Code”), but contends the evidence is legally and factually insufficient to support the trial court’s finding that termination was in the ... More...   $0 (07-08-2015 - TX)

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)

 
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