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Texas Fiduciary Duty Law
 

Bruce Hitt v. Frank Zarauskas d/b/a Boondocks Bar & Grill

This is an appeal from an order denying a motion for new trial following a post-answer
default judgment. Because the defendant presented uncontroverted proof entitling him to relief, we
must reverse.
BACKGROUND
Appellant Bruce Hitt is a real-estate broker and investor who, at relevant times,
owned a San Angelo restaurant then known as the “Stillwater Bar & Grill.”1 In 2013, Hit... More...
   $0 (03-29-2017 - TX)

Jane Doe v. Columbia North Hills Hospital Subsidiary, L.P., Columbia North Texas Subsidiary GP, LLC, and HCA Health Services of Texas, Inc.

A court cannot compel arbitration in the absence of a valid arbitration
agreement, and a valid arbitration agreement cannot exist in the absence of
employee notice and acceptance. In re Dallas Peterbilt, Ltd., L.L.P., 196 S.W.3d
2
161, 162 (Tex. 2006); In re AdvancePCS Health L.P., 172 S.W.3d 603, 605 (Tex.
2005). In this appeal from a final judgment confirming an arbitr... More...
   $0 (03-23-2017 - 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
2

Hermann sought to dismiss several of her claims under summary dismiss... More...
   $0 (03-29-2017 - TX)

Brian Cloninger v. The State of Texas

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Eight-year-old D.J. testified late one afternoon, he noticed a truck he had never seen
before in the parking lot of his apartment building. Cloninger was standing at ... More...   $0 (03-23-2017 - TX)

Jose Flores FRANCO v. The STATE of Texas

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The State requested an interpreter for one of its witnesses who primarily spoke Spanish.
The tria... More...
   $0 (03-21-2017 - TX)

David Wayne Smith v. The State of Texas

A grand jury indicted appellant for committing assault. The indictment
alleged that he had a romantic or dating relationship with the victim, that he had
been previously convicted of assault against a member of his family or
household, and that he had been previously convicted of two felony offenses.
Pursuant to a plea bargain agreement, appellant pled guilty, and the trial c... More...
   $0 (03-21-2017 - TX)

Ex parte Elida Uribe

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Lewisville police arrested Uribe, a Mexican citizen, on March 31, 2009,
alleging that she had beat... More...
   $0 (03-16-2017 - TX)

Sergey Efremov v. Geosteering, L.L.C.

Plaintiff/appellee GeoSteering LLC sued defendant/appellant Sergey Efremov seeking a temporary restraining order, a temporary injunction, a permanent injunction, and damages. The trial court entered a temporary injunction in GeoSteering’s favor, and Efremov brought this interlocutory appeal.
2
BACKGROUND
The service of “geosteering” involves monitoring drilling operations using real-ti... More...
   $0 (03-15-2017 - TX)

In the Matter of: Lisa Ann Galaz

Appellants Raul Galaz (“Raul”) and Segundo Suenos, LLC1 appeal the
district court’s judgment awarding actual and exemplary damages to debtor
Lisa Ann Katona, formerly known as Lisa Galaz (“Lisa”). We AFFIRM the
judgment of the district court.
1 “Segundo Suenos” was likely formed with the intention of reading “Segundo Sueños,”
which is Spanish for “Second Dreams.” This opinion w... More...
   $0 (03-13-2017 - TX)

Christopher Richmond v. The State of Texas

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Officers J. Sneed and D. Morelli were on patrol at 1:00 a.m. on August 7,
2015. They were investigating a club... More...
   $0 (03-12-2017 - TX)

Emanuel D. Hayes v. The State of Texas

On November 6, 2013, six young people—appellant, Darion Amos,
“Marcus,” “Zae,” and two girls—knocked on the door of 78-year-old Richard
Chandler, forced their way into his apartment when Chandler opened the door, and
stole several items, including a computer tablet, keys to a truck, and a gold ring
that Mr. Chandler usually wore.
During the home invasion, Chandler was kn... More...
   $0 (03-11-2017 - TX)

Linda Ann Parrish Richardson and Gary Bruce Richardson, co-trustees of the M.C. Parrish, Jr. Testamentary Trust, et al. v. Donald Roger Mills, et al

The heirs, devisees, and assigns of Robert Lindsay and June C. Harris1 (Appellants) filed a motion for rehearing. We grant the motion, withdraw our December 30, 2016 opinion and judgment, and substitute the following opinion and a corresponding judgment in their place.
This suit involved the construction of a 1906 instrument pertaining to the minerals under certain property and a 1908 release.... More...
   $0 (02-08-2017 - TX)

Harvey Harwell v. Bell Investment Corporation

Harvey Harwell appeals the trial court’s order granting a directed verdict and final judgment that Harwell take nothing in his suit against Bell Investment Corporation. Because the trial court erred in granting Bell’s motion for directed verdict, the trial court’s order and judgment is reversed, and this case is remanded to the trial court for further proceedings.
Harwell v. Bell Investment Co... More...
   $0 (03-09-2017 - TX)

State Farm Lloyds v. Dennis Webb

State Farm Lloyds (“State Farm”) appeals the trial court’s judgment in favor
of Dennis Webb following a jury trial. In five appellate issues, State Farm challenges
the legal and factual sufficiency of the evidence supporting the jury’s bad faith
findings and award of extra-contractual damages, as well as the trial court’s
admission of expert testimony, exclusion of evidence, refusa... More...
   $0 (03-09-2017 - TX)

Nemoria Coria v. Christopher Jide Ogidan and Moses Gbolabo

Appellant Nemoria Coria purchased a home from appellees Christopher Jide Ogidan and
Moses Gbolabo. She later sued appellees for breach of contract and DTPA violations. The trial
court entered a take-nothing judgment in favor of appellees. In four issues, appellant argues the
trial court erred by (1) entering a take nothing judgment when the undisputed evidence
established appellees... More...
   $0 (02-28-2017 - TX)

Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac... More...   $0 (03-03-2017 - TX)

Christopher Michael Hughes v. AGE Industries, Ltd.

Christopher Michael Hughes appeals the trial court’s order granting a temporary injunction in favor of Age Industries, Ltd. (“AI”). Hughes contends the trial court erred in granting the temporary injunction because: (1) AI’s petition failed to meet the requirements of TEX. R. CIV. P. 682; (2) the temporary injunction does not maintain the status quo; (3) AI failed to plead a proper cause of action... More...   $0 (03-09-2017 - TX)

Bradley B. Ware v. Texas Commission on Environmental Quality

Bradley B. Ware appeals a district court judgment affirming an order of the Texas
Commission on Environmental Quality (TCEQ) denying an application by Ware to extend and
expand water rights previously granted him under a ten-year “term permit.” We will affirm the
district court’s judgment.
BACKGROUND
Regulatory context
This case arises under the regime of water-rights regul... More...
   $0 (03-03-2017 - TX)

Aida Collins-Basemore v. Home Depot U.S.A., Inc.



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This is a premises liability case. Appellant Aida Collins-Basemore sued
Appellee Home D... More...
   $0 (02-23-2017 - TX)

Ty Howerton v. Dr. Michael N. Wood and Cindy Wood

Appellant Ty Howerton appeals from the trial court’s final judgment that confirmed an arbitration award entered in favor of appellees Dr. Michael N. Wood and Cindy Wood (the Woods). We affirm the trial court’s judgment.
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
This appeal arises from a home renovation that went horribly wrong. In
2010, the Woods bought a home in Mansfield, Te... More...
   $0 (02-23-2017 - TX)

Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join... More...
   $0 (02-16-2017 - TX)

Jashim Uddin Ahmed v. Mark Sosa

We consider whether the portion of a judgment rendered on a jury verdict for past medical expenses must be reduced in light of a health care provider’s post-verdict, prejudgment agreement to reduce its lien against the plaintiff’s recovery of the same. It does not. We will affirm.
Appellee Mark Sosa was hospitalized at John Peter Smith Hospital (JPS) for approximately six days in late 2011 aft... More...
   $0 (02-16-2017 - TX)

James Brand v. Shaunte Degrate-Greer

This case involves a landlord-tenant dispute. In eight issues, Appellant
James Brand appeals the judgment rendered by the trial court in the suit brought
against him by his former tenant, Appellee Shaunte Degrate-Greer (Degrate-
Greer), for breach of contract and for violations of the property code. Because
we hold that Brand was legally entitled to withhold $129 of Degrate-Greer’s... More...
   $0 (02-09-2017 - TX)

Eugene and Mary McClain v. State Farm Fire and Casualty Company

Appellants Eugene and Mary McClain (the McClains) appeal the trial court’s orders granting appellee State Farm Fire and Casualty Company (State Farm) judgment as a matter of law on the McClains’ claims that State Farm had a
1See Tex. R. App. P. 47.4.
2
duty to defend. Concluding that State Farm had no duty to defend the McClains
as a matter of law, we affirm the trial court’s summa... More...
   $0 (03-02-2017 - TX)

Betty Jo Tillis v. Home Servicing, L.L.C.

In this forcible detainer case, appellant Betty Jo Tillis appeals the trial
court’s judgment granting possession of certain real property to appellee Home
Servicing, LLC (Home Servicing). In two related issues, Tillis contends that the
trial court lacked subject matter jurisdiction to grant Home Servicing possession
of the property because she presented evidence that the security i... More...
   $0 (03-02-2017 - TX)

Tim Wooters v. Unitech International, Inc.

In this appeal from a judgment for conspiracy to breach a fiduciary duty, we determine whether sufficient evidence supports a finding that a non-employee conspired to aid an employee’s breach of fiduciary duty to his employer. Unitech International, Inc. sued two former employees when it discovered that those
2
employees had stolen Unitech’s trade secrets in preparation for launching a com... More...
   $0 (01-26-2017 - TX)

The City of Houston v. Randall Kallinen

In this appeal, we determine whether the City of Houston must pay
attorney’s fees to compensate a citizen who pursued and won access to
information under the Texas Public Information Act. Invoking the PIA,
Randall Kallinen asked the City of Houston to disclose information regarding


2

a traffic-light camera study that the City had commissioned. The City g... More...
   $0 (02-28-2017 - TX)

Thanh Tran and Nancy Tran v. David Tran

Appellants, Thanh Tran and Nancy Tran, appeal the trial court’s order
sustaining the special appearance of appellee, David Tran. In three issues,
Thanh and Nancy contend that the trial court erred in granting David’s special
appearance because David (1) waived his special appearance; (2) failed to


2

negate all potential bases for personal jurisdiction; an... More...
   $0 (03-06-2017 - TX)

Rudy Rubio v. The State of Texas

Sex Offender

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K.H. testified that after parking her car near a friend’s house, appellant approached
her claiming he was an undercover police officer and told her she needed to step out of
her car because he needed to search it. According to K.H., when she complied, appellant
asked her to put her hands on top of the hood of the car, and he performed a search of
her body “like a regular cop.”... More...
   $0 (03-03-2017 - TX)

Mikael Alexander Salvaggio v. The State of Texas

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In his first issue on appeal, Appellant maintains that the trial court violated his due process rights under the United States Constitution when it misstated the minimum punishment to which he could be subjected at two years rather than the correct minimum punishment of fifteen years, when it failed to tell him that he was not eligible for community supervision, and when it failed to admonish him ... More...   $0 (03-03-2017 - TX)

The State of Texas v. Joel Garcia

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The Accident

On December 24, 2014, El Paso Police Officer Steven Torres arrived between 1:52 a.m.
and 1:55 a.m. on the scene of a serious car accident at the intersection of Joe Battle Boulevard
and Vista Del Sol Drive. Torres described the scene as “hectic” and “chaotic” and noted that one
vehicle was completely engulfed in flame... More...
   $0 (03-01-2017 - TX)

Lonnie Delmar Gadson v. The State of Texas

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This case arises from a high speed police chase of Appellant during which he struck a
police cruiser with his pickup truck, not once, but twice. Officer William Rogers was inside the
police cruiser at the time of the first impact, but was just outside the cruiser when the second
impact occurred. Following Appellant’s eventual apprehension, the State charged him with
aggravate... More...
   $0 (03-01-2017 - TX)

Andre McGill Jackson, Jr.

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When Andre McGill Jackson, Jr. fled afoot following a bank robbery, Detectives David
Feucht and Nicholas Grace cut off his escape in the unmarked white Dodge Ram pickup truck in
which they were riding. After the vehicle came to a stop blocking Jackson’s intended escape route,
Feucht exited the vehicle and Jackson fired one shot from his .357 pistol, the bullet from this one
sh... More...
   $0 (03-01-2017 - TX)

Kevin Dewayne Johnson v. The State of Texas

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Ignacio Lopez worked as a loss prevention officer for a JCPenny store. Sephora is a
department within the JCPenny store and Lopez’s duties included protecting Sephora’s
merchandise. Sephora is a “high shrink department” from which many items are stolen.
Lopez monitored the JCPenny sales floor in person and with closed-circuit cameras. In
July 2015, a sales associate alerted... More...
   $0 (03-01-2017 - TX)

Ryan Colin Otey v. The State of Texas

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Ryan Colin Otey waived a jury and pleaded guilty to aggravated sexual assault of an
elderly person. After finding appellant guilty, the trial court assessed punishment at thirty years’
imprisonment. On appeal, appellant’s attorney filed a brief in which she concludes the appeal is
wholly frivolous and without merit. The brief meets the requirements of Anders v. California,
3... More...
   $0 (03-01-2017 - TX)

Kafir Deshawn Kabbara, Jr.

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Zackery Louis Williamson waived a jury and pleaded guilty to aggravated robbery with a
deadly weapon. After finding appellant guilty, the trial court sentenced him to ten years in
prison. On appeal, appellant’s attorney filed a brief in which she concludes the appeal is wholly
frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S.
738... More...
   $0 (03-01-2017 - TX)

Sean David Craig v. The State of Texas

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After a grand jury indicted Craig for possession of a controlled substance, specifically
cocaine, Craig filed a motion to suppress, alleging the State illegally obtained evidence. The trial
court held an evidentiary hearing on Craig’s motion, and San Antonio Police Department (SAPD)
officer Rafael Medel testified for the State.
Officer Medel testified that on July 7, 2015, aro... More...
   $0 (02-28-2017 - TX)

Vernard Brown v. The State of Texas

>

Sex Offender

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Brown is the biological father of the victim in this case, C.H. Prior to C.H. turning
eleven years old, C.H. had never met Brown. According to the testimony from trial, after C.H. had
lived with her aunt for some time, Brown contacted C.H., started visiting her, and obtained legal
custody over C.H. Once Brown obtained custody of C.H., C.H. moved into the home of Brown’s
mother, ... More...
   $0 (02-28-2017 - TX)

Phillip Turner v. Lieutenant Driver

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Plaintiff-Appellant Phillip Turner was video recording a Fort Worth
police station from a public sidewalk across the street when Defendants-
Appellees Officers Grinalds and Dyess approached him and asked him for
identification. Turner refused to identify himself, and the officers ultimately
handcuffed him and placed him in the back of a patrol car. The officers’
supervisor, Def... More...
   $0 (02-28-2017 - TX)

Jesus Reynaldo Gonzales v. The State of Texas

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A jury convicted Appellant Jesus Reynaldo Gonzales of the offense of
assault on a family or house member by impeding the normal breathing or the
circulation of blood while having a prior conviction for an offense of an assault on
a member of his family. Tex. Penal Code Ann. § 22.01(b-1) (West Supp. 2016).
After Appellant pled true to the two habitual offender paragraphs, the ... More...
   $0 (02-27-2017 - TX)

   
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