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Texas Law
 
Tony Woody v. Madelyn Woody

Appellant Tony Woody and appellee Madelyn Woody each filed post-divorce pleadings seeking enforcement and modification of their final decree of divorce. After a series of trial proceedings on the issues presented in these motions, the trial court entered judgment ordering Tony to pay $771.73 per month in child support and to reimburse Madelyn $3,383.00 in medical expenses, and denying Tony’s mot... More...   $0 (04-14-2014 - TX)

The City of Madisonville v. Theresa Murders and Martina Maldonado

Theresa Murders and Martina Maldonado owned a beauty salon and dog grooming business. They sued the City of Madisonville and its contractor, Brazos Valley Services, for their part in the replacing and repairing of a City sewer line in front of the business. The City filed a plea to the jurisdiction alleging governmental immunity, and Murders and Maldonado amended their petition. The City filed ano... More...   $0 (04-17-2014 - TX)

Janet Bontke v. Cargill Meat Logistrics Solutions, Inc.

Janet Bontke, individually and as guardian of the estate and person of Nolan Bontke (Bontke), appeals from a judgment denying her recovery against Cargill Meat Logistics Solution, Inc. (Cargill Logistics) and Cargill Meat Solutions Corporation (jointly referred to as Cargill) and Tulia Feed Lot, Inc. (the Feedlot). The suit arose from injuries suffered by Nolan Bontke after attempting to load an i... More...   $0 (04-14-2014 - TX)

Kenneth Dale Rodgers v. Mary Elaine Rodgers

Appellant, Kenneth Dale Rodgers, appeals from the Final Decree of Divorce rendered in a suit for divorce filed by Appellee, Mary Elaine Rodgers, following a bench trial. By two issues, he asserts (1) the trial court abused its discretion in the division of property, which (2) materially affected a just and right division of the marital estate. We affirm.

2

STANDARD OF REVIEW

I... More...
   $0 (04-17-2014 - TX)

Mt. Pleasant Independent School District v. Dona K. Elliott

It was the third day of the new school year when the brakes failed on the bus driven by Dona K. Elliott, and Elliott’s kneecap was broken in the ensuing crash.1 The bus was a seventeen-year-old Thomas flat-nose school bus owned by Mount Pleasant Independent School District, transporting District students, and driven by Elliott for her employer, Durham Transportation, Inc. Durham had recently con... More...   $0 (04-17-2014 - TX)

El Paisano Northwest Highway, Inc. v. Irma Arzate

Appellant El Paisano Northwest Highway, Inc. asserts seven issues in its appeal of a no-answer default judgment entered in favor of appellee Irma Arzate. In its first issue, El Paisano complains the trial court erred by granting Arzate’s motion for default judgment; in its remaining issues, it contends the trial court erred by denying its motion for new trial. The background of the case and the ... More...   $0 (04-14-2014 - TX)

Perry Weeks v. Cassandra Cockrum

Perry Weeks appeals the trial court’s summary judgment in favor of Cassandra Cockrum on the ground that Weeks’s personal injury suit was barred by limitations. In a single issue, Weeks argues the statute of limitations was tolled under section 16.063 of the civil practice and remedies code because Cockrum was temporarily absent from the state. We affirm the trial court’s judgment.

BAC... More...
   $0 (04-18-2014 - TX)

Gene DeVoll v. Rebecca Demonbreum

Gene DeVoll appeals an interlocutory order denying his motion to dissolve a temporary injunction. See TEX.CIV. PRAC.&REM.CODE ANN. § 51.014(4) (West 2008). We reverse the order denying the motion to dissolve, and dissolve the temporary injunction order.

BACKGROUND

On March 27, 2013, Rebecca Demonbreun and William Dowds sued DeVoll alleging the fraudulent transfer of certain partners... More...
   $0 (04-16-2014 - TX)

In The Matter of the Guardianship of Carlos Y. Benavides, Jr.

This is an appeal from the trial court’s order on a motion to compel and for sanctions. In the underlying guardianship proceeding, the trial court ordered attorney Richard Leshin to produce the complete contents of his file for the proposed ward to the ward’s appointed attorney ad litem and to pay monetary sanctions of $1,500.00 for failing to provide the file in response to a letter request. ... More...   $0 (04-16-2014 - TX)

Karen D. Griffin v. Union Pacific Railroad Company

This is an appeal of a take-nothing judgment entered by the trial court based on a jury’s verdict in a personal injury lawsuit arising from a collision involving an automobile driven by Karen D. Griffin and a Union Pacific Railroad Company train being operated by engineer Kenneth Piper. The sole issue raised on appeal is whether the trial court abused its discretion in denying a challenge for ca... More...   $0 (04-16-2014 - TX)

City of Austin v. Raymond E. Chandler, et al.

The Appellees—a group of public safety officers over the age of 40 who worked for appellant the City of Austin’s now defunct Public Safety Emergency Management Department (PSEM)—sued the City for age-based employment discrimination. The Appellees asserted that the

1 For convenience, we refer to the Appellees collectively. City’s method of consolidating the PSEM into the Austin Polic... More...
   $0 (04-17-2014 - TX)

Robert James Henry v. Gay Nell Henry

Robert James Henry appeals the district court’s final decree of divorce along with various rulings in the underlying suit filed by Gay Nell Henry (Jones).1 Henry argues that the district court erred by characterizing certain real property as community property, awarding personal property to the parties in possession of same, voiding a gift warranty deed, denying disqualification and recusal moti... More...   $0 (04-18-2014 - TX)

Philip Gregory Byrd v. Phillip Galyen, P.C. d/b/a Bailey & Galyen Attorneys at Law and R. Ketih Spencer

In this appeal, we are asked to extend the sole-proximate-cause bar to legal-malpractice claims arising in the context of a contempt order entered in a civil case. We decline to do so and reverse the trial court’s order granting Appellees a partial summary judgment and remand the case to the trial court for further proceedings.


2

I. BACKGROUND

A. DIVORCE ACTION AND CONTE... More...
   $0 (04-17-2014 - TX)

Joe Burkett, et al. v. Lake Country Property Owners Association, Inc.

Appellants2 own properties in Lake Country Estates, an addition in Tarrant County. They sued Appellee Lake Country Property Owners Association, Inc. (LCPOA) because it “attempt[ed] to enforce [an] invalid restriction against them.” The trial court granted LCPOA’s motion for summary judgment. Appellants now appeal. We will affirm. In February 1971, the Amon G. Carter Foundation conveyed by wa... More...   $0 (04-17-2014 - TX)

Juan Romero v. Geovanni J. Fuentes

Juan Romero and Irma Medrano appeal a trial court’s judgment awarding Geovanni Fuentes and Roberto Fuentes $300, the amount of the Fuenteses’ security deposit on an apartment that they intended to rent from Romero. Romero

2

and Medrano contend that there was insufficient evidence to support the trial court’s judgment. We affirm.

Background

This case arises out of ... More...
   $0 (04-25-2014 - TX)

Country Communityh Timberlake Village, L.P. v. HMW Special Utility District of Harris and Montgomery County

This appeal concerns the acquisition of a piece of real property outside a gated subdivision by a special utility district for use as a utility site and the condemnation of a deed restriction affecting that property. At trial, a jury awarded various individual homeowners, including the developer, in the adjacent subdivision damages for the reduction in value each suffered due to the condemnation. ... More...   $0 (04-15-2014 - TX)

Zachary Onuh v. Freo Texas, LLC

In this forcible-detainer action, appellant, Zachary Onuh, appeals from the trial court’s judgment granting possession of certain real property to appellee, Freo Texas LLC. On February 14, 2014, Freo Texas moved to dismiss Onuh’s appeal as moot, stating that, because Onuh “did not supersede enforcement of the trial

2

court’s judgment,” a writ of possession was issued and â€... More...
   $0 (04-17-2014 - TX)

United States of America v. Devin Wayne McCraney

BEAUMONT, Texas – The former Director of Finance and Comptroller of the Beaumont Independent School District (BISD) have pleaded guilty to federal charges in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Devin Wayne McCraney, 35, of Beaumont, pleaded guilty to the charge of fraud upon programs receiving federal funds today before U.S. District Judge Ron Clark... More...
   $0 (04-14-2014 - TX)

United States of America v. Gary Lynn McDuff

PLANO, Texas – Gary Lynn McDuff, 59, was sentenced to 300 months in prison today for his role in conspiring to defraud investors of almost $11 million in an investment fraud scheme and laundering the proceeds in the Eastern District of Texas, announced U.S. Attorney John M. Bales. United States District Judge Richard A. Schell also ordered the payment of over $6.5 million in restitution to the ... More...   $0 (04-16-2014 - TX)

United States of America v. Kenneth Claude Davenport

BEAUMONT, Texas – A 70-year-old Daisetta, Texas man has been sentenced to five years in federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today. Kenneth Claude Davenport pleaded guilty on Sep. 25, 2013 to possession of child pornography and was sentenced to 60 months in federal prison today by U.S. District Judge Thad Heartf... More...   $0 (04-15-2014 - TX)

United States of America v. Kerry Lynn Sanders

TYLER, Texas - A 29-year-old Dike, Texas man has been sentenced to federal prison for firearms violations in the Eastern District of Texas announced U.S. Attorney John M. Bales today.

Kerry Lynn Sanders pleaded guilty on December 4, 2013, to possessing a stolen firearm and was sentenced to 120 months in federal prison today by U.S. District Judge Leonard Davis.

According ... More...
   $0 (04-16-2014 - TX)

United States of America v. Tony Lynn Thornton

BEAUMONT, Texas – A 53-year-old Kountze, Texas man has pleaded guilty in connection with his role in theft of government property, announced U.S. Attorney John M. Bales.

Tony Lynn Thornton, Sr. pleaded guilty to an Information charging him with theft of government property of a value of less than $1000 today before U.S. Magistrate Judge Keith Giblin.

Accord... More...
   $0 (04-17-2014 - TX)

United States of America v. Jose A. Padilla

McALLEN, Texas – Jose A. Padilla, 54, of Weslaco, has entered a plea of guilty for one count of receipt of a bribe, announced United States Attorney Kenneth Magidson. Padilla was a former deputy commander at the Hidalgo County Sheriff’s Office and served under the leadership of former sheriff Guadalupe “Lupe” Trevino.

Padilla has admitted that during 2011 and 2012, he received cash ... More...
   $0 (04-17-2014 - TX)

United States of America v. Silvestre Barrera-Villegas

McALLEN, Texas – Silvestre Barrera-Villegas, a member of drug trafficking conspiracy originating out Starr County, has been ordered to federal prison for nearly 10 years, announced United States Attorney Kenneth Magidson. Barrera-Villegas, 52, of Camargo, Tamaulipas, Mexico, pleaded guilty Jan. 29, 2014, to his role in smuggling more than 8,000 kilograms of marijuana in 2013.

Today, U.S.... More...
   $0 (04-17-2014 - TX)

United States of America v. Randall David Reed

Austin, TX - 52-year-old Randall David Reed of Dripping Springs, TX, was sentenced to 15 years in federal prison for six robberies, including five banks and one grocery store, and brandishing a firearm during and in relation to a crime of violence announced United States Attorney Robert Pitman and Acting FBI Special Agent in Charge Aaron C. Rouse.

In addition to the prison term, United St... More...
   $0 (04-15-2014 - TX)

United States of America v. Marcelo Alvare

Del Rio, TX -

Marcelo Alvarez, a 55-year-old surveyor and consultant from Eagle Pass, faces up to ten years in federal prison and full restitution to Maverick County after pleading guilty to a bribery charge in connection with an alleged bribery, kickback and bid-rigging scheme announced United States Attorney Robert Pitman and Acting FBI Special Agent in Charge Aaron C. Rouse. ... More...
   $0 (04-15-2014 - TX)

United States of America v. Larry Wayne Kimes

San Antonio, TX - United States Chief District Judge Fred Biery handed down prison sentences to two individuals for their roles in what is believed to be the largest real dollar loss fraud and tax related case ever prosecuted in the Western District of Texas announced United States Attorney Robert Pitman, Acting FBI Special Agent in Charge Aaron C. Rouse and IRS-Criminal Investigation Special Agen... More...   $0 (04-15-2014 - TX)

United States of America v. Larry Wayne Kimes

San Antonio, TX - United States Chief District Judge Fred Biery handed down prison sentences to two individuals for their roles in what is believed to be the largest real dollar loss fraud and tax related case ever prosecuted in the Western District of Texas announced United States Attorney Robert Pitman, Acting FBI Special Agent in Charge Aaron C. Rouse and IRS-Criminal Investigation Special Agen... More...   $0 (04-15-2014 - TX)

United States of America v. Daniel J. Sullivan

Austin, TX - 67-year-old President and Chief Executive Officer of Image Trends, Inc. Daniel J. Sullivan faces up to ten years in federal prison after pleading guilty earlier today to one count of possession of child pornography announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Janice Ayala.

In March 2012, HSI agents executed a ... More...
   $0 (04-16-2014 - TX)

United States of America v. Gary Allen Burgess

Waco, TX - 41-year-old former U.S. Army sergeant Gary Allen Burgess was sentenced to 340 months in federal prison for production of child pornography announced United States Attorney Robert Pitman and Federal Bureau of Investigation Acting Special Agent in Charge Aaron C. Rouse, San Antonio Division.

In addition to the prison term, U.S. District Judge Walter S. Smith, Jr. ordered that Burge... More...
   $0 (04-16-2014 - TX)

United States of America v. Jerry C. Bullard

DALLAS, TX — Jerry C. Bullard, 57, of Mesquite, Texas, was sentenced this afternoon, by U.S. District Judge Sam A. Lindsay, to 33 months in federal prison and ordered to pay $317,779 in restitution, following his guilty plea in February 2012 to one count of conspiracy to commit health care fraud. Bullard worked in the durable medical equipment department of Medistat Group Associates, Inc., an a... More...   $0 (04-14-2014 - TX)

United States of America v. George Ojonugwa and Eseos Igiebor

DALLAS, TX — Two defendants, who were convicted on felony offenses related to their roles in a scheme to use stolen identity information to fraudulently obtain millions of dollars in tax refunds, were sentenced this afternoon in federal court in Dallas.

George Ojonugwa, 32, of Garland, Texas, was sentenced to 174 months in federal prison and ordered to pay $15,979,187 in restitution.More...
   $0 (04-14-2014 - TX)

United States of America v. Steven Edward Robb

ABILENE, Texas — Steven Edward Robb, 59, of Abilene, Texas, appeared today before U.S. Magistrate Judge E. Scott Frost, in federal court in Abilene, and pleaded guilty to one count of receipt of child pornography. Robb, who is on bond, faces a maximum statutory penalty of not less than five years or more than 20 years in federal prison, a $250,000 fine and a lifetime of supervised release. A ... More...   $0 (04-15-2014 - TX)

United States of America v. Tyrell Daniels

LUBBOCK, Texas — Tyrell Daniels, 20, of Abilene, Texas, was sentenced today by U.S. District Judge Sam R. Cummings, to 188 months in federal prison, following his guilty plea in December 2013 to one count of producing child pornography, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Daniels has been in custody since his arrest in November 2013 on a related fe... More...
   $0 (04-16-2014 - TX)

United States of America v. Aaron Robert Wells

AMARILLO, Texas — Aaron Robert Wells, 23, of Borger, Texas, appeared today in federal court, before U.S. District Judge Mary Lou Robinson, and pleaded guilty to one count of transportation of child pornography. Wells, who is on bond, faces a maximum statutory penalty of not less than five years and up to 20 years in federal prison, a $250,000 fine and a lifetime of supervised release. Sentenci... More...   $0 (04-17-2014 - TX)

United States of America v. Luis de la Garza

DALLAS, TX — Serial bank robber Luis de la Garza, 59, of Farmers Branch, Texas, dubbed the “Mesh Mask Bandit,” was sentenced this afternoon by U.S. District Judge Jane J. Boyle to serve a total of 240 months (20 years) in federal prison, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

According to plea papers filed, de la Garza not only admitted committing... More...
   $0 (04-17-2014 - TX)

United States of America v. Victor Garcia-Carrillo

Victor Garcia-Carrillo pled guilty to re-entering the United States illegally and was sentenced to 89 months of imprisonment. The Government declined to move in the district court for a one-level reduction for acceptance of responsibility under United States Sentencing Guidelines Manual (U.S.S.G.) § 3E1.1(b) because Garcia-Carrillo refused to waive his right to appeal. After sentencing, and while... More...   $0 (04-15-2014 - TX)

United States of America v. Ivan Velasquez-Caballero, aka Talivan

McALLEN, Texas - Ivan Velasquez-Caballero, aka Talivan or 50, has entered guilty pleas to conspiracy to possess with intent to distribute controlled substances and conspiracy to launder monetary instruments, announced United States Attorney Kenneth Magidson.

Velasquez-Caballero, 44, of Nuevo Laredo, Tamaulipas, Mexico, has been in custody in the United States since he was extradited to Lare... More...
   $0 (04-07-2014 - tX)

United States of America v. Tevon Harris a/k/a “Da Kidd” and “King Kidd"



HOUSTON – Tevon Harris aka “Da Kidd” and “King Kidd,” 22, of Houston, has entered a plea of guilty on two charges of trafficking children under 18 for commercial sex, announced United States Attorney Kenneth Magidson.

According to the plea agreement, from January through July 2012, Harris forced young girls, who he knew were minors, into prostitution by using force and int... More...
   $0 (04-09-2014 - TX)

United States of America v. Jose Vela and Michael Vela



HOUSTON, TX – Jose Vela, 65, and his Michael Vela, 30, have entered guilty pleas to conspiracy and bribery concerning programs receiving federal funds, announced United States Attorney Kenneth Magidson. Also pleading guilty today in a separate, but related case was Orlando Vela, 33.

Jose and Michael Vela were originally charged along with Omar Vela and others based on their allege... More...
   $0 (04-09-2014 - TX)

 
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