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Texas Fiduciary Duty Law
 

Super Starr International, LLC, Lance Peterson, and Red Starr, SPR de RL de CV v. Fresh Tex Produce, LLC, Individually and Derivatively on behalf of Tex Starr Distributing, LLC, and Kemal Mert Gumus

Hidalgo County Courthouse - Edinburg, Texas

This appeal concerns an arbitration agreement. Appellants Lance Peterson and his two companies Super Starr International, LLC (the Importer) and Red Starr, SPR de
2
RL de CV (the Grower) grow papayas. Appellants collaborated with appellee Fresh Tex Produce, LLC (Fresh Tex) to distribute the papayas in the United States. Together, appellants and Fresh Tex formed a separate company for distr... More...
   $0 (09-24-2017 - TX)

Miguel Rojas and Lourdes Rojas v. CitiMortgage, Inc.

Cameron County Courthouse - Brownsville, Texas

The trial court granted summary judgment in favor of appellee Citimortgage, Inc. (Citi) and ordered judicial foreclosure of a house owned by appellants Miguel Rojas and Lourdes Rojas. By one issue, which we construe as two, the Rojases argue that
2
summary judgment was erroneously granted because Citi’s foreclosure claim was barred by the statute of limitations and because the ruling confl... More...
   $0 (09-24-2017 - TX)

Zelena Barbay v. Mary McCarty

Hendson County Courthouse - Athens, Texas

Zelena Barbay brought suit against her father’s estate for breach of a family settlement agreement. The trial court granted summary judgment for the estate based upon the estate’s plea of limitations. In one issue, Zelena contends the trial court erred in granting summary judgment. The only question presented is when the statute of limitations began to run. We reverse and remand.
BACKGROUNDMore...
   $0 (09-24-2017 - TX)

Alice Lawson and Jeanie Dell Collins Carr v. Ernest Boyd Collins and Ella Elizabeth Collins

Travis County Courthouse - Austin, Texas

In this consolidated appeal Alice Lawson (Alice) challenges the probate court’s
judgment confirming an arbitration award resolving her will contest, and Jeanie Dell Collins Carr
(Jeanie) challenges the court’s adverse summary judgment in her separate will contest.1 See Tex.
Est. Code § 32.001(c) (final order issued by probate court is appealable to court of appeals). As
urged by Er... More...
   $0 (09-23-2017 - TX)

Edward Bujnoch v. National Oilwell Varco, L.P.

Harris County Courthouse - Houston, Texas

Amanda Bujnoch was a passenger in a vehicle that slid off the roadway and
rolled over after the vehicle encountered some oil-based mud cuttings. Amanda was
ejected from the vehicle and killed. National Oilwell Varco, L.P (NOV) had loaded
the mud into an open-top dump trailer that
2
company (Big Red). Neither Big Red nor NOV ensured that the truckload of mud
had been secured... More...
   $0 (09-23-2017 - TX)

Robert C. Livingston v. Catherine Livingston

Harris County Courthouse - Houston, Texas

This suit arises from the acrimonious relationship between Catherine Livingston and her step-son, Robert Livingston. Catherine sued Robert for assault, false imprisonment, and infliction of emotional distress. A jury found that Robert
2
had not assaulted or falsely imprisoned Catherine, but it did find that Robert had intentionally inflicted severe emotional distress on Catherine and that ... More...
   $0 (09-21-2017 - TX)

United States of America v. Duval County Sheriff's Department

United State District Courthouse - Houston, Texas

Houston, TX - Department of Justice Settles Employment Discrimination Claim on Behalf of U.S. Army Reservist

The United States Department of Justice has resolved a claim that the Duval County Sheriff’s Department violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Army Reservist Jonathan J. Melendez (Melendez) on two occasions and re... More...
   $0 (09-20-2017 - TX)

United States of America, et al. v. Solvay Pharmaceuticals, Inc.

Fifth Circuit Court of Appeals - New Orleans, Louisiana

John King and Tammy Drummond (collectively, “Relators”) appeal the
district court’s grant of summary judgment to Solvay Pharmaceuticals, Inc., on
their False Claims Act (“FCA”) claims and a subsequent ruling that partly
granted court costs to Solvay. For the reasons explained below, we AFFIRM.
2
I. Background
Relators are both former Solvay sales and marketing employees. Th... More...
   $0 (09-15-2017 - TX)

Valentina Sheshtawy, et al. v. J. Gary Gray, et al.

Plaintiffs Valentina Sheshtawy, L. S., Don Peterson, Mackey Peterson,
Lonny Peterson, Edward G. Rizk, and Maxwell Rizk (collectively “Plaintiffs”)
sued Defendants1 asserting claims for (1) conspiracy under the Racketeer
Influenced and Corrupt Organizations Act (“RICO”); (2) common law fraud;
and (3) breach of fiduciary relationship.2 Plaintiffs are comprised of
individuals invo... More...
   $0 (09-14-2017 - TX)

Elizabeth Fret v. Melton Trucklines, Inc. and Darrell Edmond

Fifth Circuit Court of Appeals - New Orleans, Louisiana

In this appeal, Elizabeth Fret (“Fret”) contends the district court erred in granting summary judgment in favor of Melton Truck Lines (“Melton”) and Darrel Edmond (“Edmond”). Because the summary judgment burden never
shifted to Fret with regard to Fret’s simple negligence claim, we REVERSE the
judgment on the simple negligence and respondeat superior claims and
REMAND those claims only... More...
   $0 (09-06-2017 - TX)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased

Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter ... More...   $0 (08-25-2017 - TX)

SCA Promotions, Inc. v. Yahoo!, Inc.

SCA Promotions, Inc. (“SCA”) brought a breach of contract suit against
Yahoo!, Inc. (“Yahoo”), alleging that Yahoo failed to pay contractual
cancellation fees. Yahoo brought various counterclaims. The district court
granted Yahoo’s motion for summary judgment and denied SCA’s motion for
summary judgment on SCA’s breach of contract claim. It granted SCA’s motion
for summary judg... More...
   $0 (08-21-2017 - TX)

G. T. Leach Builders, L. L. C-Residential, G. T. Leach Construction, L. P. and Gary T. Leach v. Sapphire Condominiums Association, Inc.

Appellants G.T. Leach Builders, L.L.C.—Residential (G.T. Leach Builders), G.T.
Leach Construction, L.P., and Gary T. Leach (collectively, G.T. Leach), appeal an order
denying their motion to compel arbitration of appellee Sapphire Condominiums
Association, Inc.’s lawsuit. We affirm.
I. BACKGROUND
Sapphire V.P., L.P. (Sapphire V.P.) was a limited partnership in the business ofMore...
   $0 (08-25-2017 - TX)

John Nelson v. Carlos Pasol and Jovita De Pasol

Appellant John Nelson challenges the trial court’s judgment awarding title to and possession of certain South Padre Island real property to appellees Carlos Pasol and
Jovita De Pasol (collectively the Pasols). We affirm.
I. BACKGROUND
Nelson inherited the subject property from his parents along with an $80,000 mortgage balance. He refinanced the mortgage with Wells Fargo in 2001 and th... More...
   $0 (08-24-2017 - TX)

Caroline H. Martinez, Individually and Trustee of The Caroline H. Martinez Revocable Living Trust v. Robert Martinez

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Background
Chon and Elizabeth Martinez, Caroline’s and B... More...
   $0 (08-24-2017 - TX)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin... More...
   $0 (08-15-2017 - TX)

Damiend Lavar Sullivan v. State of Texas

Damiend Lavar Sullivan (appellant) appeals, through three issues, his conviction
for possessing a controlled substance. The first involves the denial of his motion to
suppress evidence. The second and third concern the State’s proof of the
enhancement allegations and an inaccurate judgment, respectively. We modify the
judgment and affirm it as modified.
B... More...
   $0 (08-16-2017 - TX)

Joseph Hercules Norton v. the State of Texas

On January 27, 2016, pursuant to chapter 64 of the Texas Code of Criminal
Procedure, the trial court entered an order directing the forensic DNA testing of two
items of evidence: (1) a pair of blue jeans taken from Appellant, Joseph Hercules
Norton, and (2) a known sample of the victim’s blood. See TEX. CODE CRIM. PROC. ANN.
art. 64.01-05 (West Supp. 2016).1 Testing resulte... More...
   $0 (08-16-2017 - TX)

Felipe Gonazlez, et al v. UniversalPegasus International, Inc., et al.

Fourteenth District Court of Appeals Courthouse - Houston, Texas

This case involves minority shareholders in a Delaware corporation who
claim that the corporation and its board of directors sought to divest them of their
shares through an attempted restructuring of the company. The minority
shareholders appeal from a summary judgment against them on their claims of
breach of contract, breach of fiduciary duty, and violations of the Texas Securit... More...
   $0 (08-24-2017 - TX)

Savannah Gonzalez and Krystal Gonzalez v. Stephanie Gonzalez

Appellants Savannah Gonzalez and Krystal Gonzalez assert that the trial court erred in granting appellee Stephanie Gonzalez’s motion for summary judgment.1 We reverse the trial court’s judgment and remand.
BACKGROUND
Savannah and Krystal are the shareholders of W.D. Properties, Inc., a company which owned a building in Dallas. On January 26, 2007, W.D. Properties forfeited its Texas corpor... More...
   $0 (08-22-2017 - TX)

Jessica Parker Valentine and Bryan L. Parker v. Interactive Brokers LLC

Appellants, Jessica Parker Valentine and Bryan L. Parker (the “Parkers”), challenge the trial court’s order granting the motion of appellee, Interactive Brokers LLC (“IB”), to vacate an arbitration award. In two issues, the Parkers contend that the trial court erred in vacating the award.
2
We affirm.
Background
In their Second Amended Statement of Claim, the Parkers, pursuant to t... More...
   $0 (08-22-2017 - TX)

John Spellmann, Individually and as Executor of the Estate of Velma Spellmann, Gerald Lewis Sheehan Jr., Jane Lynn Sheehan Michaels, Ralph Koopmann, and Karen M. Koenig v. Janet H. Love and JHL Interests, Ltd.

By two issues, appellants John Spellmann, Individually and as Executor of the
Estate of Velma Spellmann, Gerald Lewis Sheehan, Jr., Jane Lynn Sheehan Michaels,
Ralph Coopmann, and Karen M. Koenig (collectively Spellman, unless otherwise noted)
challenge the trial court’s summary judgment rendered in favor of appellees Janet H. Love
(Janet H. Love or Janet) and JHL Interests... More...
   $0 (08-10-2017 - TX)

In the Interest of J.C.M., a Child

In numerous issues in appellate cause numbers 10-17-00079-CV and 10-17-00081-CV, appellants, Amy and Doug, challenge the trial court’s orders terminating their parental rights to their children, A.N.M. and J.C.M.1 Because we overrule all of Amy and Doug’s issues in both appeals, we affirm the judgments of the trial court.2
I. AMY AND DOUG’S MOTIONS TO DISMISS AND THE TRIAL COURT’S MONITORED-RE... More...
   $0 (08-02-2017 - TX)

M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render... More...
   $0 (08-10-2017 - TX)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas ... More...   $0 (08-08-2017 - TX)

Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial court’s rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, “Dr. Jue”), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol... More...
   $0 (08-08-2017 - TX)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour... More...   $0 (08-10-2017 - TX)

Christopher Ryan Peek v. The State of Texas

In November 2013, Appellant, Christopher Ryan Peek, was granted deferred adjudication community supervision for three years and assessed a $500 fine for the offense of possession of cocaine in an amount of one gram or more but less than four grams.1 Eight months later, the State moved to proceed with adjudication for multiple
1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017). The offen... More...
   $0 (08-01-2017 - TX)

Justin Riordan v. The State of Texas

A jury convicted appellant Justin Riordan of the offense of aggravated sexual assault
of a child and assessed his punishment at confinement for ten years in the Texas Department of
Criminal Justice. See Tex. Penal Code §§ 22.021(a)(1)(B)(i), (2)(B), 12.32. On appeal, appellant
challenges the sufficiency of the evidence supporting his conviction and complains about improper
jury arg... More...
   $0 (08-04-2017 - TX)

University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased

We are asked to decide, under section 101.101(c) of the civil practice and
remedies code, whether certain entries in medical records equate to actual notice
to Appellant University of North Texas Health Science Center, a governmental
unit, of an injury to its patient Pamela Knight—an injury that is alleged to have
triggered a cascade of problems leading to her death. If the... More...
   $0 (08-03-2017 - TX)

Musa ('Moses') N. Musallam v. Amar B. Ali

A jury found that Appellant Musa N. Musallam breached a contract he had
with Appellee Amar B. Ali for the sale of a wholesale distribution company and
awarded Ali $904,924 in damages for past and future lost profits. Musallam
appeals, arguing that the contract is unenforceable as a matter of law and that
1
See Tex. R. App. P. 47.4.
the jury’s lost-pro... More...
   $0 (08-03-2017 - TX)

Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati... More...
   $0 (08-03-2017 - TX)

Milton Rolando Paz v. The State of Texas

The State charged Appellant, Milton Rolando Paz, with capital murder.1
Appellant pleaded not guilty. The jury found him guilty, and an automatic life
1
See TEX. PENAL CODE ANN. § 19.02(b)(1) (West 2011), § 19.03(a)(8) (West Supp.
2016).
sentence was assessed. In three issues on appeal, Appellant argues (1) the trial court
abused its discretion by denying his ... More...
   $0 (08-04-2017 - TX)

Christopher Ryan Peek v. The State of Texas

In November 2013, Appellant, Christopher Ryan Peek, was granted deferred adjudication community supervision for three years and assessed a $500 fine for the offense of possession of cocaine in an amount of one gram or more but less than four grams.1 Eight months later, the State moved to proceed with adjudication for multiple
1 TEX. HEALTH & SAFETY CODE ANN. § 481.115(c) (West 2017). The offen... More...
   $0 (07-31-2017 - TX)

Amy Bolton v. George K. Fisher

While walking to her mailbox on July 10, 2014, Amy Bolton was viciously attacked by two dogs owned by her neighbor, Mataba Kisenda Tucker. After undergoing seven surgeries as a result of the attack, Bolton sued Tucker and her landlord, George K. Fisher, and asserted separate causes of action for negligence, strict liability, public nuisance, and private nuisance. Among other things, Bolton’s petit... More...   $0 (07-26-2017 - TX)

Jeffrey D. Busby v. John Harvey, DVM and Outlaw Equine, L.L.C.

Texas Court of Appeals, Second District Courthouse - Fort Worth, Texas

The resolution of this appeal hinges on whether a trial court abused its
discretion by overruling a motion to disqualify counsel. Appellants Jeffrey D.
Busby, Andrea Busby, and Busby Quarter Horse, L.L.C. appeal the trial court’s
take-nothing judgment in favor of appellees Josh Harvey, DVM (Dr. Harvey) and
Outlaw Equine, L.L.C. Because we conclude that the trial court did not abuse... More...
   $0 (07-31-2017 - TX)

Hassan Chahadeh v. Regions Bank

Texas Court of Appeals - First District Courthouse - Houston, Texas

Appellant, Hassan Chahadeh, challenges the trial court’s summary judgment in favor of appellee, Regions Bank (“Regions”), on its claim for breach of contract and Chahadeh’s counterclaim against it for fraud, aiding and abetting a breach of fiduciary duty, and a declaratory judgment. In three issues, Chahadeh contends
2
that the trial court erred in granting Regions summary judgment, denyin... More...
   $0 (07-31-2017 - TX)

Alandis Montreal Russaw, JR. v. The State of Texas

Jury gives Russaw 65 years for sexual assault of a child

The victim in this case is Russaw’s 11 year-old stepdaughter, “Ariel.” The
discovery of the offense occurred when Ariel was found to be pregnant. DNA tests
revealed that Russaw was the father of Ariel’s child.
Russaw asserts in his first issue that the trial court erred in admitting a photograph
of the man Russaw and Ariel’s mother accused of sexually assaulting Ariel. Speci... More...
   $0 (07-22-2017 - TX)

Raymond Weber v. The State of Texas

Tenth Court of Appeals, Waco, Texas 

Raymond Weber was convicted of theft and sentenced to 180 days in jail. See TEX.
PENAL CODE ANN. § 31.03 (West 2011). That sentence was suspended, and Weber was
placed on community supervision for two years.
Weber’s appellate attorney filed a motion to withdraw and an Anders brief in
support of the motion to withdraw, asserting that this appeal presents no issues of
ar... More...
   $0 (07-22-2017 - TX)

Cathy Jo Almanza v. The State of Texas

IN THE TENTH COURT OF APPEALS

Cathy Jo Almanza appeals from a conviction for the offense of driving while
intoxicated. TEX. PENAL CODE ANN. § 49.04 (West 2011). Almanza complains that her
Sixth Amendment right to a jury trial was violated because one of the jurors was not the
actual juror that was summoned. Because the wrong individual appeared, Almanza
contends that the trial court did not have jurisdic... More...
   $0 (07-21-2017 - TX)

 
 
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