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Texas Law
 
The State of Texas for the Best Interest and Protection of N.D.

On September 30, 2014, having found that appellant was mentally ill and met the criteria for court-ordered temporary mental health services, the trial court ordered appellant to be temporarily committed for inpatient mental health services pursuant to section 574.034 of the Texas Health and Safety Code. By separate order, the court authorized treatment with psychoactive medication during appellant... More...   $0 (03-04-2015 - TX)

Ex parte Erin Jui

The Bexar County Sheriff’s Office (the “Sheriff’s Office”) appeals the trial court’s order expunging all records concerning Erin Jui’s arrest for theft. In a single issue, the Sheriff’s Office contends the trial court’s expunction order is not supported by legally sufficient evidence. We affirm the trial court’s order.
The Sheriff’s Office contends Jui was not entitled to e... More...
   $0 (03-04-2015 - TX)

Michael Campbell v. Cesar Perez

This is an appeal from a take-nothing judgment in a rear-end automobile collision suit. In his two issues, Appellant Michael Campbell asserts that the evidence is legally and factually insufficient to support the jury’s findings. We affirm.
1See Tex. R. App. P. 47.4.
2
II. Background
The testimony at trial revealed that both Campbell and Appellee Cesar Perez were headed west on C... More...
   $0 (03-05-2015 - TX)

Danny Griswold and Rhonda Griswold v. EOG Resources, Inc.

This is a summary judgment appeal. Appellants Danny and Rhonda Griswold leased their mineral interest in 31.25 acres of land in Montague County to Appellee EOG Resources, Inc. Subsequently, the Griswolds sued EOG asserting claims for breach of contract and conversion. The Griswolds claimed that EOG had produced and sold minerals pursuant to the lease but had made
2
royalty payments to the ... More...
   $0 (03-05-2015 - 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)

In the Interest of J. M., a minor child

K.M. appeals from the trial court’s judgment terminating her parental rights to her daughter, J.M. In two issues, K.M. contends that (1) the trial court erred in failing to timely appoint her counsel and (2) the evidence was legally insufficient to support the termination of her parental rights. We affirm.
2
Background
In August 2013, when J.M. was six months old, the Department of F... More...
   $0 (03-05-2015 - TX)

United States of America v. Todd Fleming

TYLER, TX - A 54-year-old McKinney, Texas photographer has been sentenced to federal prison for sexual exploitation of children in the Eastern District of Texas.

Todd Fleming pleaded guilty on October 2, 2014, to sexual exploitation of children and was sentenced to 240 months in federal prison today by U.S. District Judge Michael H. Schneider. Fleming will be required to reg... More...
   $0 (03-03-2015 - TX)

United States of America v. Simon Robert Barron

Del Rio, TX - Simon Robert Barron, age 21, a former reserve U.S. Airman temporarily assigned to Laughlin Air Force Base, was sentenced to two concurrent 21-month imprisonment terms for stealing Government property and burglary of a pharmacy.

In addition to the prison sentences, United States District Judge Alia Moses ordered that Barron pay $3,980.11 in restitution and be placed on superv... More...
   $0 (03-03-2015 - TX)

Eugenia Woodard v. Fortress Insurance Company and Ronnie Elmore, D.D.S.

Appellant, Eugenia Woodard, filed suit against appellees, Ronnie Elmore, D.D.S. and Fortress Insurance Company, alleging injuries following some dental work. Fortress Insurance obtained a summary judgment in its favor. Dr. Elmore obtained a dismissal of the claims against him based on Woodard’s failure to file
2
an expert’s report. In her pro se brief on appeal, Woodard complains about... More...
   $0 (03-05-2015 - TX)

James T. Dreiling and Silveroak Land Company, L.P. v. Security State Bank & Trust

Security State Bank & Trust, appellee, sued James T. Dreiling, appellant, for deficiency on a note following a foreclosure. Silveroak Land Company, L.P., appellant, filed a plea in intervention. Security State filed a motion to strike the intervention and a motion for summary judgment on its claim against Dreiling. The trial court granted both motions. On appeal, Silveroak argues the trial court a... More...   $0 (03-05-2015 - TX)

Felicia Nicole Jones v. Macy's, Eric Limbocker, Citibank, and Houston Federal Credit Union

Pro se Appellant Felicia Nicole Jones sued Macy’s and a local store manager, Eric Limbocker, alleging that she was injured during her visit to a
2
Macy’s shoe department when Limbocker dropped metal shoe racks on the floor.1 Although not expressly identified as defendants in her petition or in the style of the case, Jones referenced Citibank, Houston Federal Credit Union (“HFCU”), ... More...
   $0 (03-03-2015 - TX)

Chris Wilmot v. Harry A. Bouknight, Junior

Appellee, Harry A. Bouknight, Jr., sued appellant, Chris Wilmot, for fraudulent inducement relating to an employment contract and, following a bench trial, the trial court rendered judgment in Bouknight’s favor. In five issues on
2
appeal, Wilmot challenges the trial court’s judgment, arguing that (1) Bouknight’s fraudulent inducement claim fails as a matter of law; (2) the evidence ... More...
   $0 (03-03-2015 - TX)

Angelica Garza Duque v. Wells Fargo, N.A.

Angelica Garza Duque sued Wells Fargo, N.A., seeking to enforce a consent judgment to which she is not a party and prevent foreclosure on her home. The parties each filed a traditional motion for summary judgment. The trial court granted Wells Fargo’s motion and denied Duque’s motion. Duque appeals. We
2
hold that Duque lacks standing to enforce the consent judgment and affirm the judg... More...
   $0 (03-03-2015 - TX)

Michael Scott Toney v. Rissie Owens, et al.

Plaintiff-Appellant Michael Toney, a Texas inmate proceeding pro se, brought this action alleging Section 1983 claims and state law claims against Appellees, various prison officials. Toney contends that Appellees violated his right to procedural due process by classifying him as a sex offender. The district court granted Appellees’ motion for summary judgment and denied Toney’s motion for sum... More...   $0 (02-26-2015 - TX)

In Re Commitment of Dwight DeLeon

On motion for rehearing, we withdraw our opinion of February 12, 2015, and issue this substitute opinion.
The State of Texas filed a petition to commit Dwight DeLeon (DeLeon) as a sexually violent predator. See Tex. Health & Safety Code Ann. §§ 841.001-.151 (West 2010 & Supp. 2014). A jury found that DeLeon is a sexually violent predator (SVP), and the trial court rendered a final judgment a... More...
   $0 (02-26-2015 - TX)

In Re: Rosa Maria Trujillo

In this petition for writ of mandamus, Rosa Maria Trujillo contends that the trial court clearly abused its discretion in denying her discovery requests for various medical and counseling records concerning defendant Jorge Llamas-Soforo. Finding the petitioner has failed to provide us with a sufficient record from which to determine abuse of discretion, we deny the writ.
FACTS
Rosa Maria T... More...
   $0 (02-25-2015 - TX)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - TX)

Ehring Enterprises, Inc. et al v. RD Management Corporation

This appeal involves a dispute between two distributors of French skin-care products. The distributor for the Western United States, RD Management Corporation, sued the distributor for the Eastern United States, Ehring Enterprises, Inc., alleging breach of a territorial restriction in a contract and other causes of action.2 After a bench trial, the court found in favor of RD on its contract claim ... More...   $0 (02-25-2015 - TX)

Eric C. Sanders and Carrie L. Sanders v. American Home Mortgage Servicing, Inc.

Appellants Eric C. Sanders and wife, Carrie L. Sanders, brought suit against American Home Mortgage Servicing, Inc. (“American Home”), alleging improper debt collection practices with regard to a residential mortgage. The trial court granted summary judgment in favor of American Home, and on appeal, the Sanderses contend the trial court erred in granting summary judgment in favor of American H... More...   $0 (02-25-2015 - TX)

In the Interest of J.J.S., A Child

Roxanne G.1 appeals the trial court’s order terminating her parental rights to her six-year-old son J.J.S. In its written order, the trial court terminated Roxanne G.’s parental rights based on section 161.001(D), (E), (Q) of the Texas Family Code, finding by clear and convincing evidence that Roxanne G.
(1) knowingly placed or knowingly allowed the children to remain in conditions or surr... More...
   $0 (02-25-2015 - TX)

Comed Medical Systems, Co., Ltd. d/b/a GEMSS Medical and GEMSS North America Inc., f/k/a GEMSS USA Inc. v. AADCO Imaging, LLC and AADCO Medical Inc.

This is an interlocutory appeal of a temporary injunction ancillary to pending
arbitration proceedings. With the exception of one narrow feature of the order that must be
modified, we will affirm the order.
BACKGROUND
The appellants (collectively, “GEMSS”) are affiliated entities that manufacture
medical equipment. In May 2013, GEMSS executed a “Master Distribution Agreem... More...
   $0 (02-26-2015 - TX)

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin

In a land-use dispute, Charles N. Draper, pro se, sued the City of Austin and one of
its employees, Greg Guernsey, “in [Guernsey’s] capacity as Director of Planning and Development
Watershed Protection Review Department.”1 The City and Guernsey filed a motion to dismiss all
claims against him, invoking subsections (a) and (e) of the Tort Claims Act’s election-of-remedies
pr... More...
   $0 (02-25-2015 - TX)

Lucy Gutierrez v. Portfolio Recovery Associates, LLC

This is a restricted appeal from a “no-answer” default judgment that appellee
Portfolio Recovery Associates, LLC (Portfolio) obtained against appellant Lucy Gutierrez.
Gutierrez contends that the trial court erred in rendering the judgment because (1) the service
of citation was fatally defective and (2) Portfolio’s petition failed to state a cause of action and
did not give ... More...
   $0 (02-26-2015 - TX)

Adrian Tijerina v. Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd's Insurance Company and the Texas Department of Insurance, Division of Workers' Compensation

Adrian Tijerina appeals from the trial court’s order granting pleas to the jurisdiction
filed by Texas Property Casualty Insurance Guaranty Association as Receiver for SIR Lloyd’s
Insurance Company (the Association) and the Texas Department of Insurance, Division of Workers’
Compensation (the Division), and dismissing his case for lack of jurisdiction. In two issues, Tijerina
... More...
   $0 (02-26-2015 - TX)

Robert Primo v. Benito Y. Garza and Briar Green Condominium Association

Robert Primo brought this suit to challenge the validity of an agreement between Briar Green Condominium Association and Benito Y. Garza, settling Garza’s wrongful foreclosure suit. Among other settlement terms, Briar Green
2
agreed to waive Garza’s obligation to pay condominium maintenance fees for a
period of two years.
After Garza and Briar Green settled, Primo brought this ... More...
   $0 (02-24-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

United States of America v. Felix Alexandro Pinto, Jr.

BEAUMONT, Texas – A 27-year-old California, Maryland man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Felix Alexandro Pinto, Jr., pleaded guilty on Oct. 10, 2014, to transporting a minor with intent to engage in criminal sexual activity and was sentenced to 144 months in federal pris... More...
   $0 (02-20-2015 - TX)

United States of America v. Raymond Estrada

CORPUS CHRISTI, TX - Raymond Estrada, 35, of Corpus Christi, has been ordered to serve a significant sentence following his conviction of possession with intent to distribute crack cocaine and the court’s finding that he was a career offender, announced U.S. Attorney Kenneth Magidson today. He pleaded guilty Nov. 3, 2015.

Estrada was on serving a term of supervised release following a 2... More...
   $0 (02-18-2015 - TX)

United States of America v. Edgar Loera and Miguel Angel Vives-Marias

LAREDO, TX – A total of 12 drug traffickers have been handed federal prison sentences for their convictions related to a far-reaching drug trafficking conspiracy, announced U.S. Attorney Kenneth Magidson. Edgar Loera and Miguel Angel Vives-Macias were convicted by a federal jury of multiple counts involving heroin and methamphetamine on March 3, 2014, following a five-day trial and less than fo... More...   $0 (02-24-2015 - TX)

United States of America v. Jacqueline Morrison and Gladstone Morrison

FORT WORTH, Texas — A husband and wife who were convicted at trial on multiple felony offenses stemming from their operation of a tax return preparation business in Tarrant County, were sentenced this morning by U.S. District Judge John McBryde, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.

Jacqueline Morrison and Gladstone Morrison, who operated Jacque... More...
   $0 (02-20-2015 - TX)

Ehring Enterprises, Inc. et al v. RD Management Corporation

This appeal involves a dispute between two distributors of French skin-care products. The distributor for the Western United States, RD Management Corporation, sued the distributor for the Eastern United States, Ehring Enterprises, Inc., alleging breach of a territorial restriction in a contract and other causes of action.2 After a bench trial, the court found in favor of RD on its contract claim ... More...   $0 (02-25-2015 - TX)

State of Texas v. Eddie Ray Routh

Stephenville, TX - The State of Texas charged Eddie Ray Routh with two counts of capital murder in the shooting deaths of Chris Kyle and Chad Littlefield. Kyle, a former Navy Seal sniper, and Littlefield took Routh to a shooting range in an attempt to help him cope with emotional problems and were shot it the back by him.

Routh's lawyers asserted insanity as a defense claiming that he wa... More...
   $0 (02-25-2015 - TX)

The Estate of Margaret Klovenski, Jake Klovenski, and Mary Hassler, Individually and as next Friends v. Ashish Kapoor, M.D.,

This healthcare liability case is governed by Texas Civil Practice and Remedies Code chapter 74. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001-.507 (Vernon 2011 & Supp. 2014). Appellants Jake Klovenski and Mary Hassler, individually and on behalf of the Estate of Margaret E. Klovenski, brought wrongful death and survival claims against appellee Dr. Ashish Kapoor, alleging that Dr. Kapoor failed... More...   $0 (02-19-2015 - TX)

Rebecca Gallardo v. Insurance Company of the State of Pennsylvania

Rebecca Gallardo, proceeding pro se, appeals a summary judgment rendered against her regarding her entitlement to supplemental income benefits. In a separate opinion issued this same date, we have determined that part of the summary judgment order is void and have directed the trial court to withdraw that part of the summary
2
judgment order. See In re Gallardo, No. 13-14-00203-CV, 2015 WL... More...
   $0 (02-19-2015 - TX)

Rex Smith v. Kelly Davis and Amber Davis

Rex Smith and Nancy Smith appeal the trial court‘s judgment in favor of Kelly Davis and Amber Davis based on Texas Property Code Section 5.077. The Smiths raise fourteen issues on appeal. We affirm in part, reverse and render in part, and reverse and remand in part.
BACKGROUND
The Smiths own the Tall Oaks Estates Subdivision in Van Zandt County, Texas. In 2003, Rex Smith signed a contrac... More...
   $0 (02-18-2015 - TX)

In the interest of J.R.A.F. and P.F., children

This is an appeal from an order terminating the parental rights of the mother and father of J.R.A.F. and P.F. The father timely filed an appeal. In eight issues on appeal, he challenges the legal and factual sufficiency of the evidence to support termination. We affirm.
The termination of parental rights must be supported by clear and convincing evidence. TEX. FAM. CODE ANN. § 161.001 (West 2... More...
   $0 (02-19-2015 - TX)

In the Interest of V.L.L., J.L.L. and J.J.L.

D.J.L. appeals from an order terminating his parental rights to his minor children, V.L.L., J.L.L., and J.J.L. The trial court found, by clear and convincing evidence, that statutory grounds exist for termination of D.J.L.’s parental rights and that termination of D.J.L.’s parental rights would be in the best interest of the children. See Tex. Fam. Code Ann. § 161.001(1)(D), (E), (O) (West 20... More...   $0 (02-19-2015 - TX)

National Lloyds Insurance Company v. Latosha A. Lewis

National Lloyds Insurance Company (“Lloyds”) appeals the trial court’s judgment in favor of Latosha A. Lewis following a jury trial. In seven appellate issues, Lloyds challenges (1) the legal sufficiency of the evidence supporting the jury’s findings regarding causation, damages for mental anguish, breach of contract, and breach of the DTPA, and exemplary damages, (2) the trial court’s i... More...   $0 (02-19-2015 - TX)

Michael D. Karns v. Jalapeno Tree Holdings, LLC; Mark S. Parmerlee; and Paul Bambrey

Appellant Michael Karns, owner of the El Fenix chain of Mexican food restaurants in the
Dallas-Fort Worth Metroplex, sought to purchase a competing chain of Mexican food restaurants
from Appellees Jalapeno Tree Holdings, L.L.C., Mark S. Parmerlee, and Paul Bambrey
(collectively “Jalapeno Tree”). Although the parties initially agreed to certain terms outlined in a
letter of inte... More...
   $0 (02-21-2015 - TX)

 
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