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Texas Law
 
United States of America v. Garry Lee Brown

GREENEVILLE, TN – Garry Lee Brown, 25, of Chattanooga, Tenn., was sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve 150 months in federal prison, for his conviction of conspiracy to distribute crack cocaine.

Beginning in 2011, law enforcement began investigating a large-scale crack cocaine conspiracy originating out of Chattanooga. As part of the conspiracy... More...
   $0 (07-23-2014 - TX)

United States of America v. Tariq Mahmood

TYLER, TX – A Dallas County, Texas, physician has been convicted of 15 counts of health care fraud violations in the Eastern District of Texas, announced U.S. Attorney John M. Bales today.

Tariq Mahmood, 63, of Cedar Hill, Texas, was found guilty by a jury of conspiracy to commit health care fraud, seven counts of health care fraud, and seven counts of aggravated identity theft followi... More...
   $0 (07-24-2014 - TX)

United States of America v. Malcolm Deandre Copeland

San Antonio, TX - A federal jury convicted 22–year-old Malcolm Deandre Copeland for his role in prostituting two minor females last year announced United States Attorney Robert Pitman, Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division and Texas Attorney General Greg Abbott.

The jury convicted Copeland of two counts of sex trafficking of minors. Evidence pre... More...
   $0 (07-23-2014 - TX)

United States of America v. Anthony Dewayne Galloway

DALLAS, TX — Anthony Galloway, 38, of Dallas, was sentenced this morning by U.S. District Judge Sam A. Lindsay to 64 months in federal prison after pleading guilty in February 2014 to one count of bank robbery, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

According to the complaint filed in the case, at approximately 4:00 p.m. on November 15, 2013, a man,... More...
   $0 (07-21-2014 - TX)

United States of America v. Carolyn Joy Clark

DALLAS — Following a nearly two-week-long trial, two local tax preparers were convicted this morning by a federal jury in Dallas, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas

Carolyn Joy Clark, the owner of Action E-File service, a tax preparation business with three locations in Irving and Grand Prairie, Texas, was convicted on one count of assisting in t... More...
   $0 (07-21-2014 - TX)

United States of America v. Jeffrey Watts a/k/a Jeff Watts

FORT WORTH, Texas — A Fort Worth man who was arrested in Oregon, where he fled when a fraudulent oil and gas Ponzi scheme he was running began to unravel, pleaded guilty today to one count of wire fraud, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Jeffrey Watts, aka “Jeff Watts,” 41, appeared before U.S. Magistrate Judge Jeffrey L. Cureton this morni... More...
   $0 (07-23-2014 - TX)

United States of America v. Rocky Joe Williams and Christopher Anthony Lavato

LUBBOCK, Texas — Three defendants charged in unrelated cases appeared yesterday before U.S. District Judge Sam R. Cummings and pleaded guilty to various felony child pornography offenses. In each case, Judge Cummings ordered a presentence investigation report with a sentencing date to be set after the completion of that report. U.S. Attorney Sarah R. Saldaña of the Northern District of Texas ma... More...   $0 (07-25-2014 - TX)

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...   $0 (07-24-2014 - TX)

Shagufta Khan v. Salim Valliani and Agha Juice and Cafe

Shagufta Khan filed this personal injury action, claiming that Salim Valliani had sexually assaulted her when she was fifteen years old. The trial court dismissed the suit with prejudice based on a finding that Khan had “failed to follow the Court’s Orders on several occasions.” We consider two issues on appeal: (1) whether the trial court abused its discretion by assessing a $400 sanction f... More...   $0 (07-24-2014 - TX)

Mindi M., individually and as next friend of S.M., a child v. The Flagship Hotel, Ltd, Flagship Hospitality, Inc., Individually and d/b/a Flagship Hotel

After considering the motion for rehearing, our judgment in this case remains unchanged; however, to address points raised in the motion, we withdraw our opinion from June 26, 2014, and issue this substitute opinion in its place. We deny the motion as moot.
2
Mindi M. sued the Flagship Hotel and a related entity (collectively, the “Hotel”) after her minor son, S.M., was sexually abused... More...
   $0 (07-24-2014 - TX)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...   $0 (07-24-2014 - TX)

IN THE INTEREST OF C.M.S., A CHILD

Appellant M.E.P. challenges the trial court's final order in his suit affecting the parent-child relationship (SAPCR).1 By four issues, which we reorganize and address as two, appellant argues that the trial court: (1) abused its discretion in setting his monthly child support obligation at $1,000 and ordering him to pay $57,000 in child support arrears; and (2) erred in failing to make findings o... More...   $0 (07-24-2014 - TX)

IN RE A. J. K. P., A MINOR CHILD

Appellant, E.P., appeals from the trial court’s denial of his motion to modify child
support. By three issues, appellant contends that: (1) the evidence does not support the
trial court’s finding of fact that his employment contract indicated that his salary provisions
were likely to change; (2) the trial court abused its discretion by concluding that appellant
failed to prove ... More...
   $0 (07-24-2014 - TX)

Office of Attorney General v. Kimberly Ann Parks-Cornelius

The Office of the Attorney General of Texas (OAG) appeals from a default judgment rendered in favor of Kimberly Ann Parks-Cornelius in her suit to recover past due child support. OAG contends the trial court’s judgment should be reversed because there is error apparent on the face of the record. We reverse and render.
BACKGROUND
Parks-Cornelius’s ex-husband was ordered to pay child sup... More...
   $0 (07-23-2014 - TX)

Darlene Fike as next friend of Hunter E. Bodine, a minor child v. Travis Miller, et al.

Darlene Fike, as next friend of Hunter E. Bodine, a minor child, appeals from the trial court’s orders dismissing her suit against Travis Miller, Jim Gregory, and Latexo Independent School District (LISD). Fike contends that she asserted claims that should not have been dismissed. We affirm.
BACKGROUND
Bodine is a student at LISD, and Miller is one of his coaches. Gregory is the superint... More...
   $0 (07-26-2014 - TX)

In the interest of J.W., J.W., J.W., and J.R.W., children

This is an appeal from an order in which the trial court terminated the parental rights of the mother and father with respect to their children—J.W., J.W., J.W., and J.R.W. The mother filed a notice of appeal. We affirm.
The mother presents two issues for review; both relate to the untimely notice provided by the Department of Family and Protective Services of its intent to seek termination ... More...
   $0 (07-24-2014 - TX)

Robbie Dean Anderson, Sr. v. Texas Farm Bureau Mutual Insurance Company

Robbie Dean Anderson, Sr. appeals the trial court’s judgment that granted Texas Farm Bureau Mutual Insurance Company’s motion for summary judgment. The trial court ruled that Anderson take nothing on his uninsured motorist (UM) claim against his own insurer, Texas Farm Bureau. Texas Farm Bureau moved for summary judgment because the pickup that injured Anderson was not a scheduled vehicle on A... More...   $0 (07-24-2014 - TX)

David Eric Molinar v. Lorraine Molinar

This is an appeal in a divorce action between David Eric Molinar and Lorraine Molinar. After a hearing, the trial court granted the divorce, divided certain property, appointed managing and possessory conservators of the parties’ child, and provided for certain rights and obligations in connection with conservatorship of the parties’ minor child. Because he was dissatisfied with the orders of ... More...   $0 (07-24-2014 - TX)

DLA Piper US, LLP v. Chris Linegar

This appeal arises from a lawyer liability case in which the jury found for Chris Linegar on multiple claims centered around alleged misrepresentations made by the law firm of DLA Piper US, LLP1 regarding a loan. The trial court rendered judgment on the jury verdict in favor of Linegar for $1,164,245.40 in damages and
1In its notice of appeal, DLA Piper notes that its correct name is DLA Piper... More...
   $0 (07-24-2014 - TX)

Beatrice Pitre v. Robert Forward Sr. Independent Executor of the Estate of Marie Mahathy Forward

This appeal involves a will contest concerning the estate of Marie Mahathy
Forward. Marie died on November 24, 2008, at the age of ninety-six years old.1 On
December 4, 2008, Robert Forward Sr., Marie’s son and appellee herein, filed an
application to probate Marie’s will executed on November 22, 2002, which left
Marie’s entire estate to Robert (the “2002 Will”). However,... More...
   $0 (07-24-2014 - TX)

Doyle Anderton v. E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane and Lisa K. Lane

Doyle Anderton appeals the trial court’s judgment in favor of E. Douglas Lane, Doris S. Lane, Larry D. Lane, Teri L. Lane, Kelly L. Lane, and Lisa K. Lane (collectively referred to as “Lane”), stemming from Lane’s trespass to try title suit. In a single issue on appeal, Anderton contends no legally sufficient evidence supports the trial court’s finding that Lane adversely possessed a por... More...   $0 (07-23-2014 - TX)

Bill Murray v. Marco Alvarado

Appellant, Bill Murray, appeals a civil judgment entered against him after a jury determined that he had assaulted Appellee, Marco Alvarado. We affirm.
BACKGROUND
Alvarado filed suit against his employer, Mesa Home Improvement, Inc. (Mesa), and Murray, Mesa’s president and sole owner. In his petition, Alvarado asserted that he worked for Mesa as a painter. On October 8, 2009, after being... More...
   $0 (07-23-2014 - TX)

Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an... More...
   $0 (07-25-2014 - TX)

In the Interest of S.C., a child

Appellant, R.C., appeals the trial court’s order terminating her parental rights to her daughter S.C.1 By a single issue, she maintains the evidence is legally and factually insufficient to support the trial court’s finding that termination of her parental rights was in S.C.’s best interest as specified in section 161.001(2) of the Texas Family Code. We affirm.
1 To protect the parent's ... More...
   $0 (07-23-2014 - TX)

In the Interest of A.W.D., a Child

Through three issues, appellant Otis W. Dupre challenges an order confirming registration in Texas of a Kentucky child support order. We will affirm.
Background
On March 25, 2003, a Kentucky circuit court signed a divorce decree in the marriage of Dupre and D.M.S. According to the decree, they are the parents of A.W.D. The decree ordered Dupre to pay $100 a month in child support.
Appe... More...
   $0 (07-23-2014 - TX)

Salem Abraham v. Daniel Greer and Fix The Facts Foundation d/b/a AgendaWise

Is a public official always a public official . . . that seems to be the underlying question in the appeal before us.
Salem Abraham appeals from an order dismissing his lawsuit for libel against Daniel Greer and Fix the Facts Foundation, d/b/a AgendaWise (collectively referred to as AgendaWise). The order of dismissal was entered pursuant to Chapter 27 of the Texas Civil Practice and Remedies ... More...
   $0 (07-25-2014 - TX)

Robert J. & Marilyn Green v. City of Dallas

Robert J. Green and Marilyn Green appeal from a summary judgment in favor of the City of Dallas on the Greens’ bill of review in which they challenged a default judgment rendered against them. For the following reasons, we affirm the trial court’s judgment. We issue this memorandum opinion because the issues are settled in law. TEX. R. APP. P. 47.2(a), .4.
BACKGROUND1
In April 1992 the... More...
   $0 (07-21-2014 - TX)

Gary Ben Stephens, et al v. Union Valley Ranch, LP

In this property dispute, appellants Gary Ben Stephens, Stephens Group, L.P., and
Stephens Group II, L.P. appeal the trial court’s order granting summary judgment to appellee
Union Valley Ranch, L.P. on its claim for declaratory relief. In two issues, appellants argue (1)
appellee’s claim was a suit to try to title and therefore had to be brought as a trespass to try title
acti... More...
   $0 (07-21-2014 - TX)

Momentis U.S. Corporation v. Sheldon Weisfield and Wesley Bishop

In this accelerated appeal, Momentis U.S. Corporation appeals the trial court’s order
denying its motion to compel arbitration. Momentis contends the trial court abused its discretion
by denying its motion because Sheldon Weisfeld and Wesley Bishop entered into an agreement
and, under the terms of the agreement, agreed to arbitrate all disputes. Momentis also argues the
terms of ... More...
   $0 (07-23-2014 - TX)

Subodh Naik and Hema Naik v. Suhas Naik

Subodh Naik (Subodh) appeals the trial court’s judgment in favor of Suhas Naik (Suhas)
in this suit to recover the balance due on a note. In four issues, Subodh contends the trial court
erred by (1) entering judgment against him personally based on a nonrecourse note, (2) finding
the parties agreed to modify the note to remove the restriction regarding personal liability, (3)
ent... More...
   $0 (07-23-2014 - TX)

Lawrence Bailey v. Respironics, Inc. and Respironics Colorado, Inc.

Lawrence Bailey, individually and as representative of the estate of Paula S. Bailey,
deceased, Melissa Bailey and Byron Bailey (Bailey) appeal the trial court’s summary judgment
in favor of Respironics, Inc. and Respironics Colorado, Inc. In four points of error, Bailey
argues the trial court erred in (1) refusing to continue Respironics’ motion for summary
judgment, (2) strik... More...
   $0 (07-23-2014 - TX)

D. Brent Lemon v. Daniel Hagood

D. Brent Lemon appeals the trial court’s judgment in favor of Daniel Hagood following a jury trial in this breach-of-contract suit. The jury found Lemon breached the contract and determined Hagood suffered damages of $97,024.77 and that his reasonable attorney’s fees in the trial court were $125,000. The trial court entered judgment for Hagood on the verdict. Lemon brings ten issues on appeal ... More...   $0 (07-24-2014 - TX)

William B. Ellard v. William B. Ellard

This case stems from personal injury damages sought in a cross-claim by one co-plaintiff against another. Appellant William B. Ellard contends the trial court erred in granting summary judgment on the basis that a party cannot file a cross-claim against a co-party if the statute of limitations would prevent the filing of a petition alleging the same cause of action based on the same facts. We affi... More...   $0 (07-23-2014 - TX)

Alice Labra v. Carlos Labra

This case stems from the trial court’s denial of Appellant Alice Labra’s Petition for Bill of Review filed as a result of a default divorce decree where Appellee Carlos Labra was appointed sole managing conservator of the parties’ minor children. Because Alice failed to meet her burden on the bill of review, we affirm the trial court’s judgment.
FACTUAL BACKGROUND
Alice filed her p... More...
   $0 (07-23-2014 - TX)

Christopher Jenkins v. City of Cedar Park, Texas

Christopher Jenkins challenges the district court’s order granting the City of
Cedar Park’s plea to the jurisdiction in a case arising under the Fire Fighters’ and Police Officers’
Civil Service Act. See generally Tex. Loc. Gov’t Code §§ 143.001–.363 (the Civil Service Act or
the Act). Jenkins, a fire fighter, appealed his indefinite suspension to a hearing examiner, who<... More...
   $0 (07-24-2014 - TX)

Joseph & Debra Domino v. Allmand & Lee, PLLC, Chris Lee, and Weldon R. Allmand

Appellants Joseph and Debra Domino sued appellees Allmand & Lee, PLLC, Chris Lee, and Weldon R. Allmand for legal malpractice, alleging negligent representation in bankruptcy proceedings from November 6, 2009, to February 24, 2010, when the Dominos’ Chapter 13 case was dismissed. The Dominos filed their malpractice suit on November 5, 2012.
2
The appellees filed traditional motions for s... More...
   $0 (07-24-2014 - TX)

Angela Matthews v. Shirley Lenoir

In this interlocutory appeal,1 Angela Matthews appeals the trial court’s order denying her motion to dismiss a wrongful death health care liability claim arising out of her alleged negligence in providing nursing care to Shana Lenoir and her two unborn children. Matthews was employed as a nurse by U.T. Physicians. The trial court held that Shirley Lenoir, Individually and as Personal Representat... More...   $0 (07-22-2014 - TX)

Stephen J. Harper v. Spencer & Associates, P.C.

Stephen J. Harper appeals the trial court’s order granting Spencer’s motion for scire facias to revive a dormant judgment against Harper. Harper contends that the August 2001 writ of garnishment issued by the trial court was not a “writ of
2
execution” that extended the enforceability of the judgment for an additional ten years beyond the date of the writ’s issuance and that, as ... More...
   $0 (07-24-2014 - TX)

Bonnie Johnson v. Vyju Ram, M.D. and Michael J. Bishop, M.D.

Appellants, Bonnie Johnson, individually and as representative of the estate of Jalen Johnson, and Anthony Johnson, challenge the trial court’s rendition of summary judgment in favor of appellees, Vyju Ram, M.D. (“Ram”), and Michael
2
J. Bishop, M.D., P.A., doing business as Grand Parkway Pediatrics (“GPP”), on their health care liability claims against Ram and GPP. In three issu... More...
   $0 (07-24-2014 - TX)

Kiara King v . Sttegast Heights Village

In this forcible-detainer action, appellant, Kiara King, challenges the trial court’s judgment awarding possession of a leased premises to appellee, Settegast Heights Village (“SHV”). King has filed a motion to vacate the trial court’s
judgment and dismiss the appeal, asserting that the only issue on appeal—current actual possession of the leased premises—is moot. See Marshall v. H... More...
   $0 (07-24-2014 - TX)

 
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