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Texas Law
Mark Bernhard v. City of Aransas Pass, Texas

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
C.S.); and (3) the duty owed to him b... More...
   $0 (07-17-2014 - TX)

Christus Spohn Health System v. Minerva Lopez

Appellant, Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi—Shoreline (“Spohn”), appeals from the trial court’s denial of its motion to dismiss a health care liability claim filed by appellee, Minerva Lopez, individually as wrongful death beneficiary of Humberto Lopez, deceased, on behalf of the estate of Humberto Lopez, deceased, and on behalf of all w... More...   $0 (07-17-2014 - TX)

In the interest of K.L.C., L.M.C., P.D.C., and T.A.C., children

This is an appeal from an order terminating the parental rights of the parents of K.L.C., L.M.C., P.D.C., and T.A.C. The children’s mother and P.D.C.’s father each filed a notice of appeal.1 We affirm.
I. Issues
P.D.C.’s father presents five issues for review. The mother presents six points of error for review. In all five of his issues, the father challenges the legal
1The fathe... More...
   $0 (07-17-2014 - TX)

In the interest of M.C.M., a child

Appellant, Ryan Chase Mohler, appeals an order in which the trial court modified the parent-child relationship in relation to his son, M.C.M. He contends that the trial court abused its discretion when it imposed a geographical restriction on his right to determine the child’s primary residence and that it erred when it entered an order that contained a different restriction from the court’s o... More...   $0 (07-17-2014 - TX)

In the Matter of the Marriage of Kriss Camp and Belinda Camp

Appellant Kriss Camp, an indigent inmate appearing pro se, appeals the judgment of the trial court declaring his marriage to appellee Belinda Camp, n/k/a Belinda Ingram, void. We will affirm the judgment of the trial court.
This is the second appeal of litigation concerning the relationship of Camp and Ingram. In 2011, in Camp’s absence, the trial court rendered a divorce decr... More...
   $0 (07-18-2014 - TX)

In the Interest of J.D., a Minor Child

John Henry Dupree’s failure to obey a court order requiring him to make child support payments and to provide medical support for J.D. resulted in Dupree being placed on community supervision. Because Dupree thereafter continued missing these payments, the trial court revoked his community supervision and ordered him committed to the Cass County jail for 180 days.1 On appeal, Dupree attacks the ... More...   $0 (07-16-2014 - 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)

Pamela Lou Burden v. Steven Bradley Burden

Pamela Lou Burden, the ex-wife of Steven Bradley Burden, appeals her eviction from his Delta County house, by claiming common-law marriage, denial of a fair trial, and a continued right to possession during this appeal due to indigence. We affirm the eviction, because (1) Pamela is not entitled to stay in possession during this appeal, (2) the lack of a common-law marriage has been established, an... More...   $0 (07-17-2014 - TX)

William B. Blaylock and Elaine C. Blaylock v. Thomas P. Holland and Kimberly Holland

This appeal concerns a trial court’s denial of an award of trial court costs to appellants William B. Blaylock and Elaine C. Blaylock (the Blaylocks). In two issues, the Blaylocks assert the trial court was without jurisdiction to exceed the prior mandate of this Court by denying the Blaylocks their trial court costs and the trial court was without discretion to deny the Blaylocks their trial co... More...   $0 (07-14-2014 - TX)

Rex Peterson v. La Costa Villas, L.L.C. et al

Rex Peterson appeals the no-evidence and traditional summary judgment granted in favor of La Costa Villas, L.L.C. and Westdale Asset Management, LTD. In three issues, Peterson contends the trial court erred by granting summary judgment because: (1) appellees maintained control of the premises, and thus owed a duty to Peterson; (2) the stairs were in violation of the applicable building code and ap... More...   $0 (07-15-2014 - TX)

Len Rao v. The American Arbitration Association

Len Rao appeals the trial court’s granting of a plea to the jurisdiction filed by the
American Arbitration Association. In two points of error, Rao argues the trial court erred in
granting AAA’s plea to the jurisdiction because (1) the arbitral immunity doctrine does not apply
to AAA’s actions and (2) AAA does not have jurisdiction to arbitrate the alleged arbitration
clause.... More...
   $0 (07-21-2014 - TX)

Cellular Sales of Knoxville Inc. v. Martin E. McGonagle

Appellee Martin E. McGonagle as landlord and appellant Cellular Sales of Knoxville, Inc. as tenant were parties to a commercial lease. A jury found that McGonagle “fail[ed] to comply with the Lease Agreement by failing to make access to the premises leased by Cellular Sales ADA compliant” and awarded Cellular Sales $30,242 in damages. The jury also found that the amount of reasonable attorney... More...   $0 (07-21-2014 - 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)

Richard Myers v. Hall Columbus Lender, LLC

Appellee Hall Columbus Lender, LLC (Lender) sued appellant Richard Myers for
breaching contracts in which Myers promised to defend Lender against certain claims. In
response to Lender’s motion for summary judgment, Myers argued as a matter of contract
interpretation that he was not in breach because his duty to defend had not been triggered. The
trial judge granted a partial summ... More...
   $0 (07-21-2014 - TX)

United States of America v. Terry Glenn Sillers, et al.

HOUSTON, TX – Two Aryan Brotherhood of Texas (ABT) gang members have pleaded guilty to racketeering charges related to their membership in the ABT’s criminal enterprise.

U.S. Attorney Kenneth Magidson and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division made the announcement.

Kenneth Michael Hancock, of Dallas, pleaded guilty today... More...
   $0 (07-18-2014 - TX)

United States of America v. Tomas Steven Quinones

El Paso, TX - Tomas Steven Quinones, age 48, was sentenced to 225 months in federal prison followed by ten years of supervised release for production of child pornography announced United States Attorney Robert Pitman and Homeland Security Investigations (HSI) Special Agent in Charge Dennis Ulrich.

On August 29, 2013, HSI agents executed a search warrant at the defendant’s residence an... More...
   $0 (07-14-2014 - TX)

United States of America v. Charles Hattenbach and Kathryn Hubbert

Waco, TX - Two individuals await sentencing after pleading guilty to federal charges in connection with a postal theft scheme involving more than 50,000 pieces of mail and over $500,000 in other U.S. Government property from U.S. Post Offices in approximately 80 cities and towns across Texas announced U.S. Attorney Robert Pitman and U.S. Postal Inspection Service (USPIS) Inspector in Charge Robert... More...   $0 (07-17-2014 - TX)

United States of America v. Lisa L. Hollier

DALLAS, TX — A licensed pharmacist, who along with four co-defendants was convicted at trial earlier this year for their roles in a “pill mill” operation in Dallas, was sentenced this afternoon, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Lisa L. Hollier, 44, of Sunnyvale, Texas, was sentenced by U.S. District Judge Barbara M. G Lynn to 60 months in ... More...
   $0 (07-14-2014 - TX)

United States of America v. Lawrence Hart

DALLAS, TX — Lawrence Hart, 37, was sentenced by U.S District Judge David C. Godbey to serve 15 months in federal prison and ordered to pay $8,619 in restitution following his guilty plea in April 2014 to felony and misdemeanor offenses stemming from his role as a caseworker for an outreach program managed by the City of Dallas’s Housing Department. Hart must surrender to the Bureau of Prisons... More...   $0 (07-16-2014 - TX)

United States of America v. Estela Martinez

DALLAS, Texas — A Dallas woman, Estela Martinez, 54, was sentenced today to 12 months and one day in federal prison following her guilty plea in August 2013 to one count of making a false statement, under penalty of perjury, related to bankruptcy filings. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas, whose office has been placing increased emphasis on investigating and prose... More...   $0 (07-18-2014 - TX)

State of Texas v. Harold Lewis, III

Houston, TX - The State of Texas charged Harold Lewis, III, age 23, with capital murder for the shooting death of Bellaire police officer Jimmie Norman and the shooting of innocent bystander Terry Taylor during a traffic stop on Christmas Eve 2012. Lewis' led police on a high speed chase before being stopped. Lewis had an outstanding warrant for marijuana possession and his .380 caliber was stole... More...   $0 (07-18-2014 - TX)

PMSALS 1 LLC v. American Opportunity for Housing Perrin Oaks LLC; American Opportunity for Housing Inc, David Starr, Fidelity National Title Insurance Company

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC”), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
AOH LLC is the maker of a $2,500,000 promissory note which was... More...
   $0 (07-16-2014 - TX)

In the Estate of Aminta Perez-Muzza, Deceased

Veronica Peña appeals the trial court’s dismissal of her lawsuit contesting the will of Aminta Perez-Muzza. The trial court dismissed the contest: (1) because Veronica lacked standing to contest the will; and (2) to sanction Veronica for false statements she filed with the trial court and this court. Because we conclude that neither ground warranted dismissal, we reverse the judgment of the tri... More...   $0 (07-16-2014 - TX)

In the Matter of A.J.R.P.

A.J.R.P., a juvenile, appeals an order of adjudication and disposition in which A.J.R.P. was found to have engaged in delinquent conduct and was committed to the Texas Juvenile Justice Department. A.J.R.P. was charged with aggravated robbery and, in one issue on appeal, contends the evidence is legally insufficient to support the jury’s verdict. We affirm.
T.S., a high school ... More...
   $0 (07-18-2014 - TX)

B. L. M. v. J. H. M., III

B.L.M. (Beth) appeals the termination of her parental rights to P.M. and B.M., her
two daughters with J.H.M., III (Jack).1 After a two-day bench trial, the trial court found that Beth
had endangered her children and that termination of her parental rights was in their best interest. See
Tex. Fam. Code §§ 161.001(1)(D)-(E), (2) (termination of parental rights). On appeal, Beth
con... More...
   $0 (07-18-2014 - TX)

Kalsoom Ahmad v. Ishfaq Ahmad

Appellant Kalsoom Ahmad appeals from the trial court’s final divorce decree. In a single issue, Kalsoom complains that the trial court abused its discretion in its division of the parties’ marital estate. We affirm.
1See Tex. R. App. P. 47.4.
Kalsoom and Appellee Ishfaq Ahmad were married in Pakistan in 1987. The parties were married for twenty-six years and had tw... More...
   $0 (07-18-2014 - TX)

Judy Coward v. H.E.B., Inc.

Judy Coward sued HEB Grocery Company to recover damages for injuries she sustained when she slipped and fell on a puddle of water while shopping at the grocery store. The trial court granted HEB’s motions for traditional and no-evidence summary judgment. On appeal, Coward contends that the trial court erred
in granting summary judgment to HEB because she had raised a genuine issue of m... More...
   $0 (07-15-2014 - Tx)

Karen Murray, Individually and as Representative of the Estate of Jean Pierre Anthony Jackson Smith v. Pinnacle Health Facilities XV D/B/A Woodridge Nursing and Rehabilitation

Appellant, Karen Murray, individually and as representative of the Estate of Jean Pierre Anthony Jackson Smith, challenges the trial court’s rendition of
summary judgment in favor of appellee, Pinnacle Health Facilities XV doing business as Woodridge Nursing & Rehabilitation (“Pinnacle”), in Murray’s suit against Pinnacle for the wrongful death of Smith, her child. In her sole is... More...
   $0 (07-15-2014 - TX)

Zurich American Insurance Company v. Sandra A. Debose

Appellant, Zurich American Insurance Company, appealed an administrative decision regarding coverage of worker’s compensation insurance to the trial court. Both parties filed motions for summary judgment. The trial court granted the motion for summary judgment filed by appellee, Sandra A. Debose, and denied
Zurich American’s motion. In five issues, Zurich American argues (1) Zurich A... More...
   $0 (07-15-2014 - TX)

Ricardo Estrada v. The State of Texas

Appellant, Ricardo Estrada, pleaded guilty to a jury to three counts of the felony offense of aggravated sexual assault of a child. See TEX. PENAL CODE ANN. § 22.021(a)(1)(B) (West 2011). The jury assessed punishment and, in accordance with the jury’s assessment, the trial court sentenced appellant as follows: (1) for
count one, appellant was sentenced to10 years’ imprisonment with ... More...
   $0 (07-17-2014 - TX)

Wallace Debes v. General Star Indemnity Company

Appellant Wallace Debes challenges the trial court’s summary judgment in
favor of appellee General Star Indemnity Company (“General Star”). In one issue,
Debes asserts that the trial court erred in granting summary judgment in favor of
General Star on Debes’s breach of contract claim because genuine issues of
material fact exist as to whether Debes was a third-party benefic... More...
   $0 (07-10-2014 - TX)

In the interest of M.H., A.H., and D.W. H., III, children

This is an appeal from an order terminating the parental rights of the mother and father of M.H., A.H., and D.W.H., III. The mother timely filed an appeal.1 In four points of error on appeal, she challenges the sufficiency of the evidence to support termination. We affirm.
I. Issues on Appeal
In all four points of error, the mother contends that the trial court’s findings were not suppor... More...
   $0 (07-10-2014 - TX)

Jay Anthony v. The Board of Adjustment of the City of Stephenville, Texas

The zoning ordinance of the City of Stephenville is the centerpiece of this litigation. The manner in which the City applied it to property owned by Jay Anthony is the subject of this appeal. In a writ of certiorari proceeding filed by Anthony following adverse Board of Adjustment action, the trial court granted the City’s plea to the jurisdiction and motion for summary judgment, and it denied t... More...   $0 (07-10-2014 - TX)

Justin Slavik v. The State of Texas

Appellant Justin Slavik appeals his conviction for assault (family violence by impeding breath or circulation), a third-degree felony. See TEX. PENAL CODE ANN § 22.01(b)(2)(B) (West, Westlaw through 2013 3d C.S.). Pursuant to a plea-bargain agreement, appellant judicially confessed to the offense and was placed on deferred- adjudication community supervision for a period of three years. The State... More...   $0 (07-10-2014 - TX)

Sharrod Johnson v. The State of Texas

By two issues, appellant Sharrod Johnson appeals the revocation of his community supervision resulting from an adjudication of guilt for family violence assault enhanced to a felony of the third degree due to an allegation of a prior conviction for the same offense. TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2) (West, Westlaw through
2013 3d C.S.). We affirm.
Pursuant... More...
   $0 (07-10-2014 - TX)

Francheska V. Jaganathan v. The State of Texas

Appellant Francheska V. Jaganathan appeals the trial court’s denial of a motion to suppress. Appellant alleges that the evidence was seized during an unlawful detention. Because the arresting officer lacked reasonable suspicion to detain appellant for violating the “Left Lane for Passing Only” sign, we conclude that the trial court committed harmful error when it denied appellant’s motion ... More...   $0 (07-08-2014 - TX)

Kevin Johnson v. Heckmann Water Resources (CVR)

The district court granted Defendants–Appellees’ motion for summary judgment, finding that they did not violate the overtime wage requirements of the Fair Labor Standards Act (“FLSA”) by using a Monday through Sunday workweek to calculate overtime compensation. We affirm.
Plaintiffs–Appellants Kevin Johnson (“Johnson”) and Brad Smith (“S... More...
   $0 (07-14-2014 - TX)

United States of America v. Christopher Dale Harrison

BEAUMONT, TX – A 33-year-old Port Neches, Texas man has been sentenced to 25 years in federal prison for child pornography violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Christopher Dale Harrison pleaded guilty on Nov. 19, 2013 to production of child pornography and was sentenced to 300 months in federal prison today by U.S. District J... More...
   $0 (07-10-2014 - TX)

United States of America v. Carlo Lee Reyes and Alicia Castaneda a/k/a Alicia Palomo

Del Rio, TX - United States District Judge Alia Moses sentenced 41-year-old CARLO LEE REYES (aka “El Raton”) to 240 months in federal prison, and 39-year-old ALICIA CASTANEDA (aka “Alicia Palomo”) to 33 months in federal prison announced Robert Pitman, United States Attorney for the Western District of Texas, Homeland Security Investigations (HSI) Special Agent in Charge Janice Ayala, and ... More...   $0 (07-12-2014 - TX)

United States of America v. Rahatul Ashikim Khan a.k.a. “Rahat Khan,” “Authentic Tauheed 19

Austin, TX - Rahatul Ashikim Khan (a.k.a. “Rahat Khan,” “Authentic Tauheed 19,” and “AT19”), age 23, pleaded guilty to attempting to provide material support and resources to terrorists, announced Robert Pitman, United States Attorney for the Western District of Texas, Christopher Combs, Federal Bureau of Investigation Special Agent in Charge of the San Antonio Division, and John Carl... More...   $0 (07-02-2014 - TX)

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