Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a... More...   $0 (11-03-2009 - TX)

Appellant, Janell S. Marin appeals from a judgment in favor of appellee, IESI TX Corporation ("IESI"). The judgment was rendered in accordance with the jury's findings that Marin committed forgery, misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's admission of evidence, the legal and factual sufficiency of the evidence, and the award o... More...   $0 (10-15-2009 - TX)

Plaintiffs are current and former students of Burleson High School, located in Burleson, Texas. In response to previous incidents, the high school adopted a policy prohibiting the display of the Confederate flag on school grounds. When plaintiffs A.M. and A.T. came to school at the beginning of the spring 2006 semester carrying purses adorned with large images of the Confederate battle flag, admin... More...   $0 (10-10-2009 - TX)

In this products liability action, Sico America, Inc.[1] appeals a judgment entered on a jury verdict in favor of James R. Willis, individually and as next friend of John Willis. In two issues, Sico challenges (1) the district court=s decision to apply Minnesota law instead of the Texas statute of repose; and (2) the legal sufficiency of the evidence to support the jury=s negligence finding. We ... More...   $0 (09-10-2009 - TX)

This is an interlocutory appeal challenging (1) the adequacy of an expert report prepared by William W. Spangler, M.D., FACEP addressing the alleged negligence of Appellant Abel Salas, M.D. and (2) the trial court=s failure to award attorney=s fees after dismissing with prejudice Appellee Teagan Thiel=s claims against Appellant Granbury Minor Emergency Clinic. For the reasons set forth below, we ... More...   $0 (08-27-2009 - TX)

Appellants James Clifton Vestal, M.D., Urology Associates of North Texas (AUANT@), Brenda Goldston, and USMD Hospital at Arlington, L.P. (AUSMD@) appeal from the trial court=s denial of their motions to dismiss the claims of Appellees Norman E. Wright, Jr. and Jacklyn Wright for failure to comply with section 74.351 of the Texas Civil Practice & Remedies Code.[2] Because we hold that the expert... More...   $0 (08-31-2009 - TX)

Appellant, Dale Dardeau, appeals a summary judgment granted in favor of appellees, West Orange-Cove Independent School District ("CISD" or "District"), Superintendent Dr. O. Taylor Collins (hereinafter "Collins"), Harry Barclay, Pete Amy, Nancy Byers, and Eric Mitchell (collectively "appellees"). We determine whether the trial court erred in granting appellees' motion for summary judgment on Darde... More...   $0 (07-30-2009 - TX)

Joy B. Adams and Ellyson Abstract & Title Company, L.L.C. appeal from a judgment rendered in favor of David Bruce McFadden as Independent Executor of the Estate of Freida H. McFadden. (1) We affirm the judgment with regard to liability and damages. We reverse that portion of the judgment awarding attorneys' fees and remand for a new trial on that issue.

FACTUAL SUMMARY

In1982 or... More...   $0 (07-29-2009 - TX)

Texas exempts from its sales tax "[p]eriodicals that are published or distributed by a religious faith and that consist wholly of writings promulgating the teaching of the faith and books that consist wholly of writings sacred to a religious faith." Tex.Tax Code Ann. § 151.312 (1982). The question presented is whether this exemption violates the Establishment Clause or the Free Press Clause of th... More...   $0 (02-21-1989 - TX)

Luis D. Zertuche appeals a summary judgment that affirms an order of the Bexar County Civil Service Commission upholding Zertuche's termination from employment. Although Zertuche presents three separate issues in his brief, his complaint is that the trial court erred in affirming the Commission's order because: (1) the adverse action against him was forfeited by Gabriel Perez's failure to attend t... More...   $0 (07-22-2009 - TX)

This interlocutory appeal arises from a medical negligence case. The defendant health care providers challenge the trial court's denial of motions to dismiss under Chapter 74 of the Texas Civil Practice and Remedies Code, which provides that parties pursuing medical negligence claims must file a preliminary expert report outlining the breach of duty and resulting damages that give rise to the clai... More...   $0 (07-29-2009 - TX)

The Texas Religious Freedom and Restoration Act (TRFRA), Tex. Civ. Prac. & Rem. Code ch. 110, prevents the state and local Texas governments from substantially burdening a person’s free exercise of religion unless the government can demonstrate that doing so furthers a compelling governmental interest in the least restrictive manner. In this case, we must decide if the city of Euless, Texas, may... More...   $0 (07-31-2009 - TX)

The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S... More...   $0 (07-03-2009 - TX)

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.â€�1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

Plaintiffs-Appellants Curtis L. Delancey and Marian D. Delancey (“Plaintiffsâ€�) sued Defendant-Appellee the City of Austin (“the Cityâ€�) seeking monetary damages under the Uniform Relocation Assistance and Real Property Acquisition Policy Act (“URAâ€�), 42 U.S.C. § 4601 et seq. The district court granted summary judgment in favor of the City, holding that the URA does not provide a privat... More...   $0 (06-03-2009 - TX)

This is an accelerated appeal, in a medical malpractice dispute, from the trial court’s denial of motions to dismiss, under section 101.106(f) and chapter 74 of the Texas Civil Practice and Remedies Code. Plaintiff Andre Glenn sued Defendants Dr. April Hain and Physician Assistant Terry A. Leonard who were employed by Bexar County Hospital District d/b/a University Health Systems (UHS). Glenn ... More...   $0 (05-20-2009 - TX)

“Sovereign immunity protects the State from lawsuits for money damages.â€� Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). But “an action to determine or protect a private party’s rights against a state official who has acted without legal or statutory authority is not a suit against the State that sovereign immunity bars.â€� Fed. Sign v. Tex. S. Univ., 951 S... More...   $0 (05-05-2009 - TX)

Ann J. Schneider appeals the district-court judgment affirming an order issued by the Board of Trustees of the Employees Retirement System of Texas ("the Board") that denied her insurance claim for long-term disability benefits because (1) she filed her claim late and (2) her alleged disability arose from a preexisting condition excluded by the insurance policy. On appeal, Schneider contends that... More...   $0 (04-03-2009 - TX)

Appellant, Safwat Kamel, appeals from a judgment dismissing his health-care-liability suit and related claims against appellee, Dr. Tiffany Sotelo. We determine whether the trial court erred in granting Sotelo's motion to dismss the claims against her under Texas Civil Practice and Remedies Code section 101.106, specifically, under section 101.106(f). See Tex. Civ. Prac. & Rem. Code Ann. § 101.1... More...   $0 (03-27-2009 - TX)

Section 25.082(d) provides for a mandatory moment of silence to be observed in Texas schools in which a student may “as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.â€� TEX. EDUC. CODE § 25.082(d). The provision, which became effective September 1, 2003, is a subsection of a broader statute ... More...   $0 (03-17-2009 - TX)

Global Evangelism Educational Ministries, Inc. d/b/a Cornerstone Christian Schools ("Cornerstone") brings this interlocutory appeal from the trial court's order denying its motion to compel arbitration. We reverse and remand.

Cornerstone operates a private school in San Antonio, Texas, and hired Appellee Brandon Caddell as a teacher and athletic coach. Cornerstone and Caddell entered into a... More...   $0 (02-18-2009 - TX)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (02-21-2009 - TX)

This is an interlocutory appeal in a medical negligence suit challenging the trial court’s order denying motions to dismiss filed by Appellants Nancy Benish, R.N., F.N.P.-C; Christine Lashell Hopson, R.N.; and Leonard T. Dingler, M.D. Because Appellees Amanda Grottie, individually and as heir to and representative of the estate of Amarissa Grottie, deceased, and Cody Grottie, individually and a... More...   $0 (02-21-2009 - TX)

Plaintiffs-appellees Andy Fred Harvey, Sr., individually and as personal representative of the estate of Alberta Lavon Harvey, deceased; and Evelyn Block, Judy Erway, Edward Russell Harvey, Sr., Albert Leon Harvey and James E. Harvey, (1) sued defendants-appellants Ramin Moheb, M.D. ("Moheb") and Ramin Moheb, M.D., P.A. d/b/a Greater Orange Women's Center ("GOWC") and other defendants for alleged... More...   $0 (01-15-2009 - TX)

Appellant, Dr. Nyla Ptomey, appeals a summary judgment granted in favor of appellee Texas Tech University on each of her claims of unlawful age and sex discrimination and retaliation. Finding by its traditional motion for summary judgment Texas Tech conclusively proved a legitimate, non-discriminatory reason for the adverse employment actions of which Ptomey complains and that the evidence does n... More...   $0 (01-20-2009 - TX)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (01-16-2009 - TX)

Among the issues in this case are three questions of first impression: Whether a trial court may toll the accrual of stautory interest under the Prompt Payment to Contractors Act[1] for periods of delay attributable to the claimant; whether a contractor who prevails on a claim under the Act may recover both 18% prejudgment interest under the Act and common law prejudgment interest; and whether att... More...   $0 (01-08-2009 - TX)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (01-17-2009 - TX)

Among the issues in this case are three questions of first impression: Whether a trial court may toll the accrual of stautory interest under the Prompt Payment to Contractors Act[1] for periods of delay attributable to the claimant; whether a contractor who prevails on a claim under the Act may recover both 18% prejudgment interest under the Act and common law prejudgment interest; and whether att... More...   $0 (01-08-2009 - TX)

Appellees, Santos Salinas and his wife, Argelia Salinas, filed a health care liability claim against John T. Hannigan, a certified registered nurse anesthetist (CRNA), who is not a party to this appeal, and appellant, Fred L. Perez, M.D. In this accelerated appeal, Dr. Perez contends that the trial court abused its discretion in denying his motion to dismiss appellees' health care liability claim... More...   $0 (11-25-2008 - TX)

This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the University of Texas as El Paso ("UTEP"). At issue is the self-care provision of the Family and Medical Leave Act. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Alfredo Herrera was employed by UTEP as a heating, ventilation, and air-conditioning technician from 2002 to 20... More...   $0 (11-25-2008 - TX)

Maria Graciela Saenz Martinez, Individually and as Trustee for the Rolando Rafael Trust, and Pedro I. Saenz Jr. (“appellees�) sought to enforce a mediated settlement agreement by filing traditional and no evidence motions for summary judgment. The trial court granted the motions and Rolando Rafael Saenz (“Saenz�) appeals. We affirm the trial court’s judgment.



BackgroundMore...   $0 (11-07-2008 - TX)

In this interlocutory appeal, Appellants Azle Manor and Azle Manor I, L.L.C. challenge the trial court=s order denying their motion to dismiss Appellee Harold Vaden=s medical malpractice claim for failure to file an adequate expert report under civil practice and remedies code section 74.351. We affirm in part and reverse and render in part.

... More...   $0 (11-10-2008 - TX)

In this interlocutory appeal, appellants, Haroon Ismail Patel, M.D., Paul E. Stobie, M.D., and SheilaYvonne Owens-Collins, M.D., appeal the denial of their motion to dismiss a medical negligence lawsuit filed by appellee, Trena Rodriguez, individually and as representative for the estate of Corina Renee Gutierrez, deceased. (1) By various issues and sub-issues, appellants contend the trial court ... More...   $0 (10-31-2008 - TX)

The Donna Independent School District, the Donna Independent School District Board of Trustees, and Joe Gonzalez, superintendent of schools, (collectively referred to as "the District") bring this interlocutory appeal of the trial court's denial of the District's plea to the jurisdiction of a suit filed by Damon Gracia, appellee. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008). ... More...   $0 (10-26-2008 - TX)

This case concerns Alamo Community College District’s breach of a settlement agreement with a tenured San Antonio College professor, Dr. William Miller, following Miller’s termination from his employment. The trial court awarded Miller $487,237.57 in damages and ordered the Alamo Community College District (“ACCDâ€�) to reinstate Miller to his position at the college (“SACâ€�). Both ACCD a... More...   $0 (10-26-2008 - TX)

Appellants, Dr. Richard and Wanda Gott, appeal the trial court’s judgement dismissing their claims against Rice Consolidated Independent School District (“RCISDâ€�), Superintendent Michael Lanier, Betty Schiurring, Joe Lee Perez, Vivian Spanihel, Carolyn Baird (collectively, “the Individual Defendants,â€� and collectively with RCISD, the “School Defendantsâ€�). Footnote The trial court dis... More...   $0 (10-24-2008 - TX)

This case concerns Alamo Community College District’s breach of a settlement agreement with a tenured San Antonio College professor, Dr. William Miller, following Miller’s termination from his employment. The trial court awarded Miller $487,237.57 in damages and ordered the Alamo Community College District (“ACCDâ€�) to reinstate Miller to his position at the college (“SACâ€�). Both ACCD a... More...   $487237 (10-15-2008 - TX)

Appellant Philip A. Moore, M.D. (Dr. Moore) appeals the trial court=s denial of his motion to dismiss the health care liability claim of appellee Kristy Gatica (Gatica). We originally dismissed this interlocutory appeal for want of jurisdiction. Moore v. Gatica, 253 S.W.3d 291 (Tex. App.CFort Worth 2007) (mem. op.), rev=d, 253 S.W.3d 219 (Tex. 2008). Because the Texas Supreme Court has held tha... More...   $0 (10-09-2008 - TX)

In this accelerated appeal, Christus Health Southeast Texas d/b/a Christus St. Mary Hospital ("St. Mary"), Dubuis Health System, Inc. d/b/a Dubuis Hospital of Port Arthur ("Dubuis"), and Sreedhar Polavarapu, M.D. ("Polavarapu") challenge the trial court's orders denying their motions to dismiss the health care liability claim of Preston Broussard, individually and as next friend of Dorothy Broussa... More...   $0 (09-11-2008 - TX)