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Texas False Imprisonment Law
 
James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen... More...   $0 (11-19-2014 - TX)

R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a... More...   $0 (09-22-2014 - TX)

Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
2
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha... More...
   $0 (07-31-2014 - TX)

Jason Barnett v. Charles Michael Havard Jr.

Appellant Jason Barnett appeals the trial court’s judgment in favor of appellee Charles Michael Havard Jr., which declared the scope of an easement and the respective rights of Barnett as owner of the servient estate and Havard as owner of the dominant estate. Barnett challenges the trial court’s interpretation of the express easement and the trial court’s dismissal of his trespass and negli... More...   $0 (06-12-2014 - TX)

Cowboys Concert Hall-Arlington v. Bruce Jones

Appellant Cowboys Concert Hall–Arlington, Inc. (Cowboys) appeals from the trial court’s judgment entered in favor of appellee Bruce Jones (Bruce) after a jury verdict. We affirm the trial court’s judgment in part but reverse the trial court’s gross-negligence and exemplary-damages judgment and render a take-nothing judgment on those issues. We also reverse the trial court’s judgment
<... More...
   $0 (05-01-2014 - TX)

Azel Garrison Goolsbee v. HEB Grocery Company, Oscar Moreno, Juanita L.Sandoval, R. Irvin, and Unidentified HEB Grocery Company Employees

Azel Garrison Goolsbee, appeals the trial court’s order granting summary judgment to appellees, HEB Grocery Company (“HEB”), Oscar Moreno, Juanita

2

L. Sandoval, R. Irvin, and unidentified HEB Grocery Company employees on Goolsbee’s claims. We affirm.

Background

Bellaire Police Officer Juanita Sandoval responded to a reported theft at an HEB grocery store in Sep... More...
   $0 (08-29-2013 - TX)

The Board of Trustees of the Galveston Wharves v. E. L. O'Rourke

In this interlocutory appeal, E.L. “Ted” O’Rourke sued the Board of Trustees of the Galveston Wharves (“the Wharves”) for invasion of privacy and

2

civil conspiracy, and O’Rourke also asserted claims for declaratory and injunctive relief and sought compensatory and punitive damages. The Wharves filed a plea to the jurisdiction, asserting that O’Rourke’s claims against... More...
   $0 (05-30-2013 - TX)

Deana Pollard Sacks v. Brian Weil Zimmerman

Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi... More...   $0 (04-04-2013 - TX)

City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar... More...
   $0 (03-19-2013 - TX)

Soon Phat, L.P. v. Juvenal Alvarado

This consolidated matter encompasses three appeals, multiple parties, and a multitude of appellate issues in connection with a fight that occurred during an attempt to tow a pickup truck from an apartment complex parking lot. We affirm the trial court’s judgment in part, and reverse and render in part.

OVERVIEW

Wrecker driver Brock Keith Dion and his helper, Samuel Lee Thompson, at... More...
   $0 (01-18-2013 - TX)

Wendell H. Taylor v. Lubbock Regional MHMR

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa... More...
   $0 (01-13-2013 - TX)

Wendell H. Taylor v. Lubbock Regional MHMR

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa... More...
   $0 (01-09-2013 - TX)

Tamika Nashae Davis v. Prosperity Bank

This is an appeal from a summary judgment in favor of a bank on claims for alleged false imprisonment, malicious prosecution, and defamation arising from the bank’s handling of an incident involving a counterfeit check. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs/appellants Tamika Nashae Davis and her mother Elizabeth Ann Davis (collectively... More...
   $0 (10-27-2012 - TX)

DSW Masters Holding Corp. and Mike LeBlanc v. Detective J. Tyree, Individually, National Insurance Crime Bureau, Jay Norris, Individually, Charles Roberts, Individually, Allstate Insurance Company, Geico Insurance Company, Kenneth Burton, AA Wrecker Service and Detective Josh Boyd

This appeal stems from an investigation and prosecution related to allegedly illegal business practices in repairing damage to automobiles. In seven issues, appellants and plaintiffs at trial, DSW Masters Holding Corp. (DSW) and Mike LeBlanc (LeBlanc), who is DSW’s president, ask us to reverse the trial court’s judgment granting the motions for summary judgment filed by the appellees listed ab... More...   $0 (10-04-2012 - TX)

Alamo Country Club Owners Association v. James Shelton

By seven issues, consisting of 21 sub-issues, appellants, Alamo Country Club Owners Association (ACCOA) and Melvin Staples, appeal from a final judgment in favor of appellee, James Shelton. We reverse and render in part and affirm in part.

I. BACKGROUND

In 1995, Shelton and his wife Cheryl purchased Lot #260 located at 332 Diana Drive in Alamo, Texas.1 Lot #260 is located in Alamo Co... More...
   $0 (08-30-2012 - TX)

Leslie Burton v. Carter Bloodcare

Appellant Leslie Burton appeals the trial court’s final summary judgment, which the court rendered in favor of appellees Carter BloodCare, Employment Practices Solutions, Inc. (EPS), and Susan Sorrells. Appellant contends in five issues that the trial court erred by granting summary judgment against her claims for age discrimination, false imprisonment, intentional infliction of emotional distr... More...   $0 (01-05-2012 - TX)

Darren Bradley Swain v. Corporal Jason Hutson

In three points, pro se Appellant Darren Bradley Swain appeals from the trial court’s grant of motions to dismiss for want of jurisdiction filed by Appellees Arlington Municipal Court Judges Stewart Milner and Rosalia Maddock and Arlington Municipal Court Clerk Norma Williams (the judicial employees); Arlington Police Corporal Jason Hutson, Officer Dora DeWall,[2] Sergeant Daniel Henning, and Ci... More...   $0 (12-22-2011 - TX)

Stephen Fontenot v. Tiffany Stinson

On December 12, 2008, Tiffany Stinson filed an original petition in this case against Fontenot. The petition included claims for various intentional torts, including slander, civil conspiracy, ―trespass, assault and battery, intentional infliction of emotional distress, wrongful arrest, false imprisonment, and malicious prosecution.‖ On December 29, 2008, Stinson filed a complaint in federal d... More...   $0 (12-08-2011 - TX)

James Lee Sweed v. Jay L. Nye

James Lee Sweed brings this restricted appeal complaining of the trial court’s dismissal for want of prosecution. For the reasons that follow, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

On August 12, 2005, Sweed filed suit against James L. Nye, District Attorney Jaime Esparza, the Office of the District Attorney, the State of Texas, and the Texas Attorney... More...
   $0 (08-25-2011 - TX)

Clifton Deadmon v. Dallas Area Rapid Transit

Clifton Deadmon appeals the trial court's order granting Dallas Area Rapid Transit's plea to the jurisdiction and motion to dismiss the case with prejudice. In a single issue, he contends the trial court erred by granting DART's plea to the jurisdiction because DART waived its governmental immunity by asserting section 101.106 of the Texas Civil Practice and Remedies Code as a ground for dismissin... More...   $0 (08-11-2011 - TX)

Galen D. Barker v. Halliburton Company

In this appeal, we consider whether the district court erred by concluding that Plaintiff-Appellant Galen Barker could not, as a matter of law, maintain a loss of consortium claim because the claim arose from a civil rights violation against his wife. We agree with the district court’s conclusion and AFFIRM that court’s summary judgment order.

I

Plaintiff-Appellant’s wife, Trac... More...
   $0 (07-06-2011 - TX)

Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S... More...   $0 (06-23-2011 - TX)

TTHR, L.P. d/b/a Presbyterian Hospital of Denton v. Amanda Coffman

TTHR, L.P. d/b/a Presbyterian Hospital of Denton (Presbyterian) appeals the denial of its motion to dismiss filed pursuant to Texas Civil Practice and Remedies Code section 74.351(b). See Tex. Civ. Prac. & Rem. Code Ann. § 74.351 (Vernon 2011). Presbyterian asserts that the suit filed against it by Appellee Amanda Coffman was a health care liability claim, subject to the requirements of chapter... More...   $0 (03-24-2011 - TX)

Austin Brice v. Stephen Hanna and The Other Place, LLC

Appellant Austin Brice appeals from the trial court's orders granting summary judgment in favor of appellees Stephen Hanna and The Other Place, LLC ("TOP") in Brice's suit for false imprisonment and malicious prosecution in connection with his arrest for public intoxication. We reverse the orders granting summary judgment and remand for further proceedings.


BACKGROUND

On the... More...
   $0 (12-10-2010 - TX)

Texas Cypress Creek Hospital, L.P. v. Marshelia Hickman

In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital (“Cypress Creek”), complains of the trial court’s denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman’s expert reports do not sati... More...   $0 (12-02-2010 - TX)

Alexander McGregor Hunting v. BASF Corporation

Plaintiff-Appellant Alexander M. Hunting (“Hunting”) appeals the district court’s order dismissing his case against Defendant-Appellee BASF Corporation (“BASF”). Because we find no abuse of discretion, we AFFIRM.

I. BACKGROUND

On or about October 17, 2006, Hunting impermissibly walked onto BASF’s property in order to inquire about securing employment with BASF. Huntin... More...
   $0 (10-14-2010 - TX)

Hardin County Sheriff's Department v. Justin W. Smith

The Hardin County Sheriff's Department ("the County") appeals the denial of its plea to the jurisdiction in a tort suit filed by Justin W. Smith. We reverse the order and render judgment dismissing the case.

Smith's petition alleged he was the victim of mistaken identity. Smith alleged he entered an Austin office of the Texas Department of Public Safety ("DPS") to renew his driver's license... More...
   $0 (07-30-2009 - TX)

Lainie Whitmire v. National Cutting Horse Association

In three issues, Appellant Lainie Whitmire appeals the summary judgment entered against her and in favor of Appellee National Cutting Horse Association (the NCHA). We will affirm in part and reverse and remand in part.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The NCHA

The NCHA is a non-profit association wh... More...
   $0 (07-23-2009 - TX)

Cameron County, Texas v. Francisco Ortega

Appellant, Cameron County, Texas (the "County"), brings this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. By one issue, the County asserts that the trial court erred in denying its plea to the jurisdiction because it is immune from suits based on the doctrine of sovereign immunity. We reverse the trial court's order and render judgment dismis... More...   $0 (07-02-2009 - TX)

Michael LeBlanc v. Detective C.D. Riley

Appellant Michael LeBlanc appeals the trial court=s order granting appellee Detective C.D. Rileys (sic - The Second District of Texas publishes its reports with various and sundry symbols substituted for the intended ones.) first amended motion for summary judgment. In three issues, appellant contends that the trial court generally failed to follow Texas summary judgment principles, erred in its ... More...   $0 (04-02-2009 - TX)

Dillard's, Inc., Jennifer Watson and Shane Watson v. Shirley Newman and Jill Walker

This case presents the issue of whether official immunity extends to a governmental employee privately working as an off-duty security guard. Appellant, Shane Watson, presents a sole issue in this interlocutory appeal from an order denying summary judgment. Appellees, Shirley Newman and Jill Watkins, filed suit against Watson, and others, alleging he committed a variety of intentional torts causin... More...   $0 (11-21-2008 - TX)

Raymond A. Singleton, et av. v. Kenneth L. Casteel

In this interlocutory appeal, appellants the City of League City, Texas ("the City") and League City police officers Raymond Singleton and Walter Hammann (collectively "the officers") appeal the trial court=s order denying their motion to dismiss. In their sole issue on appeal, appellants contend the trial court erred in denying their motion to dismiss the claims filed by appellee, Kenneth Castee... More...   $0 (09-25-2008 - TX)

Bernice M. DeRouen v. The Falls County Sheriff's Department, and Ricky Scaman, Deputy Sheriff

Bernice M. DeRouen sued the Falls County Sheriff’s Department and Deputy Sheriff Ricky Scaman, in his individual and official capacities, alleging false imprisonment and injuries suffered during her arrest and transport to jail. The County filed a plea to the jurisdiction and a no-evidence motion for summary judgment, which the trial court granted.[1] DeRouen, acting pro se, contends that the ... More...   $0 (07-26-2008 - TX)

Pleasant Glade Assembly of God, et al. v. Laura Schubert

This appeal concerns the tension between a church's right to protection under the Free Exercise Clause of the First Amendment and a church member's right to judicial redress under a claim for intentional tort. U.S. Const. amend. I; see also Tex. Const. art. I, 6. The court of appeals generally affirmed the judgment in favor of the church member, concluding, among other things, that the church wa... More...   $0 (06-28-2008 - TX)

Ashanti Davis and Ashley Davis v. Dillard's Department Store, Inc.

Asserting various theories of recovery, Ashanti Davis and Ashley Davis sued Dillard's Department Store, Inc. for damages allegedly sustained by them as a result of an incident that occurred while they were in a Dillard's store. Ashanti and Ashley appeal from the trial court's summary judgment entered in favor of Dillard=s. We affirm.

Ashanti and Ashley claim that, while they were shopping ... More...   $0 (05-06-2008 - TX)

Gary D. Gallardo v. Joe D. Tackitt, Sheriff of Wilson County

Garry David Gallardo appeals the trial court's order granting a plea to the jurisdiction and dismissing the underlying cause. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the trial court's judgment in this memorandum opinion.

Sovereign immunity from suit defeats a trial court's subject matter jurisdiction and thus is properly asserted... More...   $0 (04-04-2008 - TX)

Ruben Nunez v. Idalia Jimenez

On February 18, 2001, Idalia Jimenez entered the Heights Meat Market in Laredo, Texas. According to Jimenez, she took her six children, who ranged in age from thirteen to one, into the store with her. Another store patron, Sylvia De La Garza, allegedly witnessed Jimenez strike her thirteen-year-old son, pull the hair of one of her daughters, and punch another son in the head. Garza called 911... More...   $0 (12-14-2007 - TX)

City of San Antonio v. Polanco & Company, LLC

This appeal arises out of a contract between the City of San Antonio and Polanco & Company, L.L.C., by which Polanco agreed to provide food concession services at several City-owned golf courses. After a dispute arose regarding the City's termination of the contract, Polanco sued the City. The City claimed immunity from suit and filed a plea to the jurisdiction seeking dismissal of Polanco's s... More...   $0 (11-05-2007 - TX)

Laura Ramirez and Adolfo Ramirez v. Fifth Club, Inc.; David A. West; and Louis a/k/a Louis Medrano

This case stems from an altercation at an Austin nightclub. Luis a/k/a Louis Medrano and David A. West were employed to work as security personnel for the club. Roberto, Adolfo, and Laura Ramirez (1) were all allegedly assaulted by West or Medrano. Following a ten-day jury trial, a jury found Fifth Club and West liable for injuries to Roberto but determined that West and Medrano were not liable... More...   $135000 (04-30-2004 - TX)

Kevin M. Pritts v. City of Round Rock, Round Rock Police Department, and Jeffrey Floyd

Appellant Kevin M. Pritts sued appellees the City of Round Rock, Round Rock Police Department, and Jerry Floyd for false arrest, complaining that he was wrongfully subjected to a pat-down search and briefly placed in handcuffs. Appellees moved for summary judgment, contending that they were immune from liability because Floyd, the Round Rock Police Officer involved, acted in good faith in perfo... More...   $0 (03-27-2004 - TX)

 
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