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Texas Law
Antonio Sepeda v. The State of Texas

Appellant Antonio Sepeda asserts that the trial court erred in dismissing for want of prosecution his petition for expunction of his criminal records. In four issues, Sepeda contends the trial court erred by (1) dismissing his petition for want of prosecution, (2) refusing to provide requested findings of fact and conclusions of law, (3) failing to hold the required hearing on his motion to reinst... More...   $0 (07-16-2015 - TX)

Margaret Onwudiegwu v. Jaime J. Dominguez

In this appeal from a judgment ordering a property owner to pay a construction
worker damages in quantum meruit for work performed in constructing a new home, the
property owner argues that the county court at law lacked jurisdiction over the claim
and that there is legally insufficient evidence to support the judgment. We conclude that
although the trial court had jurisdiction, th... More...
   $0 (07-16-2015 - TX)

Mayor Annise Parker and City of Houston v. Jack Pidgeon and Larry Hicks

Appellees Jack Pidgeon and Larry Hicks (collectively, Appellees) sued to enjoin Mayor Annise Parker and the City of Houston (collectively, the City) from providing employee benefits to the same-sex spouses of employees legally married in another state. Appellees relied on provisions of the Texas Constitution and Family Code banning recognition of same-sex marriage in Texas, declaring same-
   $0 (07-28-2015 - TX)

Leticia Loya v. Miguel Angel Loya

In this appeal, a wife asserts that the trial court erred in granting summary judgment to her husband on her post-divorce proceeding to divide an employment-related bonus the husband received nine months after their divorce. Because we conclude that the bonus was not considered, divided, or partitioned in the divorce proceedings and the wife raised a fact issue concerning the characterization of t... More...   $0 (07-28-2015 - 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)

Lori Becker-White and Carol Gould v. C. Greg Goodrum

On appeal from a judgment in favor of the plaintiff following a bench trial, the defendants assert that (1) the plaintiff’s sworn-account affidavit did not satisfy the requirements of Texas Rule of Civil Procedure 185; (2) the trial court erroneously prevented the defendants from presenting various types of evidence at trial; and (3) the trial court erroneously prevented the defendants from pursui... More...   $0 (07-30-2015 - 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)

Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes... More...   $0 (07-31-2015 - TX)

Carolyn Northcutt, as Personal Representative of the Estate of James H. Bell v. City of Hearne

In one issue, appellant, Carolyn Northcutt, as personal representative of the estate of James H. Bell, challenges a plea to the jurisdiction granted in favor of appellee, the City of Hearne. Because we conclude that the record does not contain sufficient jurisdictional facts to support a waiver of governmental immunity under section 101.021 of the Texas Civil Practice and Remedies Code, we affirm.... More...   $0 (07-30-2015 - TX)

Jefferson County, Texas v. Ha Penny Nguyen

This appeal concerns an employment dispute between Appellant, Jefferson County (the “County”), and Appellee, Ha Penny Nguyen (Nguyen), a former County employee. The County appeals from a Judgment rendered in favor of Nguyen, following a jury trial wherein the jury found that Nguyen was subjected to adverse employment actions, retaliation for protected speech, and a violation of her
due p... More...
   $0 (07-31-2015 - TX)

Celtic Properties, L.C. v. Cleveland Regional Medical Center, L.P.

Appellant, Celtic Properties, L.C. (Celtic or appellant), the plaintiff in the proceeding below, appeals from an Order Granting Final Summary Judgment to Appellee, Cleveland Regional Medical Center, L.P. (CRMC or appellee), the defendant in the proceeding below.1 This case relates to a dispute between the
1Community Health Systems, Inc. and CHS/Community Health Systems, Inc. were also named as... More...
   $0 (07-31-2015 - TX)

Nueva Generacion Music Group, Inc. v. Isidro Chavez Espinoza, p/k/a Espinoza Paz

This is an appeal from the trial court’s denial of a temporary injunction. Appellant, Nueva Generacion Music Group, Inc. (“Nueva”), sued appellee, Isidro Chavez Espinoza, a musician professionally known as Espinoza Paz (“Espinoza”), for breach of a settlement agreement that attempted to resolve conflicts arising out
of Nueva’s professional representation of Espinoza. Nueva sought a tempo... More...
   $0 (07-30-2015 - TX)

Jordan and Associates v. Lisa Wells

This is an interlocutory appeal from the trial court’s denial of appellant Jordan and Associates’s motion to dismiss based on appellee Lisa Wells’s failure to timely file a certificate of merit as required by Chapter 150 of the Texas Civil Practice & Remedies Code. See TEX. CIV. PRAC. & REM. CODE § 150.002. On
appeal, Jordan argues that the trial court erred by extending the time for fil... More...
   $0 (07-30-2015 - TX)

Neighborhood Centers Inc. v. Doreatha Walker

Appellee and cross-appellant Doreatha Walker sued her former employer, appellant and cross-appellee Neighborhood Centers Inc. (“Neighborhood Centers”), for its alleged retaliation against her for filing a workers’ compensation
claim.1 She also sued Neighborhood Centers under the Whistleblower Protection Act.2 Neighborhood Centers filed a plea to the jurisdiction asserting that it had gov... More...
   $0 (07-30-2015 - TX)

George M. Bishop, et al v. Chappell Hill Service Company, LLC and High Meadows Land & Cattle, LLC

The appellants, George M. Bishop, Doug Bulcao, Senator John Whitmire,
Paula Barnett, Marsha W. Zummo, Juan Carlos Lopez de Garcia, Sara English, Antonio Lopez de Garcia, Peter Eischen, Mark Cegielski, Marilyn Sanders, Tom Holy, Robert Stark, D.O., Beth Stark, Maureen Holy, Jack Edwards, and Julie Edwards (collectively, “the Property Owners”), all own property in or around Chappell Hill i... More...
   $0 (07-30-2015 - TX)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

The State of Texas for the Best Interest and Protection of L.A.

In this accelerated appeal, L.A. complains of an order of commitment for temporary inpatient mental health services. After a jury trial, the trial court ordered L.A. committed to Terrell State Hospital for a period not to exceed ninety days. L.A. contends that the trial court should have dismissed the application for court-ordered mental health services at the commitment hearing because two statut... More...   $0 (07-17-2015 - TX)

Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener

On February 21, 2006, Mondee Stracener filed suit against his siblings, Doug, Bernice L., and Joey Keith, seeking partition of real property in Upshur County, Texas, which they jointly owned. On appeal, Mondee argues, among other things, that the trial court abused its discretion when it adopted the commissioners’ amended report regarding the partition of the property and entered its final decree ... More...   $0 (07-24-2015 - TX)

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

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

Baylor University Medical Center v. Mary Greeson

Baylor University Medical Center appeals an order abating a case and refusing to decide
Baylor’s motion to compel arbitration regarding Mary Greeson’s work place injury claim until
the parties complete discovery outlined in their Rule 11 agreement. In two issues Baylor argues
that (i) the trial court should have compelled Greeson to pursue her claims through arbitration
and (ii) th... More...
   $0 (07-20-2015 - TX)

Azeb Ruder v. William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appeals from the trial court’s order denying her motion to dismiss filed pursuant to Chapter 27 of the Texas Civil Practices and Remedies Code, commonly referred to as the Texas Citizens’ Participation Act (“TCPA”). See generally TEX. CIV. PRAC. & REM. CODE ANN. §§ 27.001–.011 (West 2015). In her first two issues, Ruder contends the trial court erred in denying her motion to dismiss app... More...   $0 (07-20-2015 - TX)

Nancy Rangel v. McMackin-Beam Revocable Trust

Appellant Nancy Rangel and all other occupants appeal from the trial court’s final judgment which held that appellee McMackin Beam Revocable Trust (“Trust”) was entitled to possession of the real property at issue in addition to back rent and attorneys’ fees. Appellant asserts the following arguments: (1) whether the trial court correctly concluded that it had jurisdiction to hear case; (2) if the... More...   $0 (08-03-2015 - TX)

Weinstein & Riley, P.S. v. Larry Blankenship, et al.

In this interlocutory appeal appellant Weinstein & Riley, P.S. (W&R) appeals an order granting class certification.1 In three issues on appeal W&R argues that (1) the trial court lacked subject matter jurisdiction over appellees’ claim, (2) appellees did not establish essential elements of a class action under Texas Rule of Civil Procedure 42, and (3) the certification order does not comply with r... More...   $0 (07-21-2015 - TX)

In the Matter of the Marriage of Maria E. Svalesen and Scott B. Svalesen

This is an appeal from the trial court’s final decree of divorce. In two issues, Scott B. Svalesen asserts the trial court erred in (1) granting the divorce without any evidence satisfying the residence and domicile requirements of section 6.301 of the Texas Family Code and (2) awarding Maria E. Svalesen (Wife) a disproportionate share of the community property. We affirm the trial court’s judgmen... More...   $0 (07-21-2015 - TX)

Jay Sandon Cooper v. Judge Paul McNulty

Before the Court is Jay Sandon Cooper’s July 16, 2015 motion to review the trial court’s July 7, 2015 order sustaining the Collin County District Clerk’s contest to his affidavit of indigence.1 See TEX. R. APP. P. 20.1(j). We affirm the trial court’s order.
Seeking to proceed on appeal without advance payment of costs, Cooper, appearing pro se, filed his affidavit of indigence c... More...
   $0 (07-23-2015 - TX)

Feysal Ayati-Ghaffari and Irana Hagnazari v. Hazawiperi Jackie Gumbodete and Jose Anaya

Hazwiperi Jackie Gumbodete and Jose Anaya (“appellees” or “plaintiffs”) filed this lawsuit in the trial court below against Feysal Ayati-Ghaffari and Irana Hagnazari (“appellants” or “defendants”) seeking damages for loss of personal property allegedly caused by appellants. After considering appellees’ motion for summary judgment, the trial court signed a “Final Summary Judgment” granting appellee... More...   $0 (07-23-2015 - TX)

Stephen Aaron Bergenholtz v. Josephine Donna Eskenazi

Stephen Aaron Bergenholtz (Husband) filed a petition for bill of review seeking to set aside a modified final decree of divorce. Josephine Donna Eskenazi (Wife) filed a motion to dismiss the bill of review. The trial court dismissed Husband’s bill of review, citing Husband’s failure to exercise due diligence in pursuing all available legal remedies against the judgment. In three issues, Husband co... More...   $0 (07-23-2015 - TX)

Tiffany Lynn Fraser v. Timothy Purnell, as Independent Executor, Estate of Tommy Arthur Punell, Deceased

This case presents an appeal from a bench trial in which the trial court found in favor of appellee Timothy Purnell, as Independent Executor of the Estate of Tommy Arthur Purnell, Deceased (Purnell), against appellant Tiffany Lynn Fraser on Purnell’s claims of common law fraud and statutory fraud in a real estate transaction. The trial court awarded damages, pre- and post-judgment interest, and at... More...   $0 (07-23-2015 - TX)

Clyde R. Parks v. Scott A. Seybold

Appellant Clyde R. Parks appeals a judgment granted in favor of appellee Scott A. Seybold to recover a debt owed on a note after suit on the note became barred by limitations. Following a bench trial, the trial court entered a judgment in favor of Seybold based on Parks’s written acknowledgment of the debt. Parks presents five issues on appeal,2 and complains (1) the trial court erred in finding h... More...   $0 (07-23-2015 - TX)

In the Interest of: C.E.C.

Pro se appellant M.C. appeals from the final decree of divorce (the divorce decree) dissolving his marriage with S.C. In five issues, M.C. contends the trial court erred: (1) in the division of the marital estate and the order of child support; (2) in ordering supervised visitation; (3) by failing to sign the divorce decree in a timely manner; (4) by failing to rule on matters other than conservat... More...   $0 (07-27-2015 - TX)

Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

This is an appeal from a judgment following a jury trial in a legal malpractice action. Asserting three issues, Kelley/Witherspoon, LLP, Kevin Kelley, and Nuru Witherspoon contend the evidence is legally and factually insufficient to support the damages awarded and the finding of negligence against Nuru Witherspoon individually. Armstrong International Services, Inc. presents a single issue in a c... More...   $0 (07-27-2015 - TX)

Texas Health and Human Services Commission v. Joseph Mcrae

Texas Health and Human Services Commission appeals the trial court’s denial of its plea
to the jurisdiction. In two issues, the Commission argues the trial court erred in denying its plea
to the jurisdiction because Joseph McRae failed to demonstrate a waiver of the Commission’s
sovereign immunity and McRae did not plead or prove a negligent condition or use of tangible
personal pr... More...
   $0 (07-28-2015 - TX)

LSREF2 Apex (TX) II, LLC v. Gregory Blomquist and Daniel D. Davids, II

LSREF2 Apex (TX) II, LLC (Apex) appeals the trial court’s no-evidence summary
judgment in favor of Gregory Blomquist and Daniel Davids. In two issues, Apex argues the trial
court erred in striking its summary judgment evidence and entering summary judgment in favor
of Blomquist and Davids. We affirm the trial court’s orders granting Blomquist’s and Davids’
motions for summary judgm... More...
   $0 (07-29-2015 - TX)

Stride Staffing v. Antonio Holloway

In this interlocutory appeal, appellant Stride Staffing appeals the trial court’s order denying its motion to compel arbitration. For the following reasons, we reverse the trial court’s order and remand to the trial court for further proceedings.
Stride Staffing is an employment agency that assigned Holloway to work at First Co. First Co. later terminated Holloway’s assignment, and Holloway fi... More...
   $0 (07-29-2015 - TX)

John C. McConnell, M.D. v. Coventry Health Care National Network and First Health Group Corp. and Liberty Mutual Insurance Company

John C. McConnell, M.D., appeals the trial court’s final summary judgment rejecting his causes of action against Coventry Health Care National Network, First Health Group Corp., and Liberty Mutual Insurance Company. In general, McConnell alleged he was wrongfully terminated as a workers’ compensation network provider by Coventry,1 Coventry tortiously interfered with McConnell’s business relationsh... More...   $0 (07-30-2015 - TX)

Henry S. Miller Brokerage, LLC v. Ruth Mae Sanders

Henry S. Miller Brokerage, LLC appeals the trial court’s order vacating an arbitration award. In four issues, Henry S. Miller generally contends the trial court erred in vacating the award and in denying its motion to confirm the award. For the following reasons, we reverse the trial court’s order and render judgment confirming the award.
After Henry S. Miller filed suit against Ruth Mae Sande... More...
   $0 (07-31-2015 - TX)

Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...
   $0 (07-31-2015 - TX)

United States of America v. Jose Stephen Gracia

Beaumont, TX - Registered Sex Offender Guilty of Producing Child Pornography in Jefferson County

A 45-year-old Galveston, Texas man has pleaded guilty to federal child exploitation charges in the Eastern District of Texas. Jose Stephen Gracia pleaded guilty to production of child pornography today before U.S. District Judge Marcia Crone.

According to information presented in cour... More...
   $0 (07-27-2015 - TX)

United States of America v. Heesham Broussard

Tyler, TX - Lake Charles, Louisiana, Man Convicted in Nigerian Mail Fraud Scheme

A 38-year-old Lake Charles, Louisiana, man has been convicted in a Nigerian mail fraud scheme in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Heesham Broussard, also known as Sudan, was found guilty by a jury for conspiracy to commit mail fraud, two counts of mail frau... More...
   $0 (07-29-2015 - TX)

United States of America v. Janet Tapia

Beaumont, TX - Defendant Sentenced for Heroin Transaction at Federal Prison Visitation

A 31-year-old Houston woman has been sentenced for bringing prohibited drugs into a federal prison in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Janet Tapia pleaded guilty on Apr. 28, 2015, to attempting to provide heroin to a federal inmate and was sentenced to... More...
   $0 (08-01-2015 - TX)

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