Mandamus Law
 
In the Interest of L.R and A.R

The mother of two minor children, L.R. and A.R., appeals the denial of her petition to modify the parent-child relationship. In a single issue, she contends that the trial court abused its discretion when it denied her discovery request for documents that she claims are relevant to the financial resources of the children’s father. See Tex. Fam. Code Ann. §§ 154.062, 154.067 (West 2008 & Supp. ... More...   $0 (10-01-2013 - TX)

Jonathan Clark Burk v. State of Oklahoma ex rel. Department of Corrections

¶1 The record indicates the Appellant, Jonathan Clark Burk (hereinafter "Burk") pled no contest to sex offenses in New Mexico on April 20, 1999.1 On May 20, 1999, Burk was sentenced to nine years incarceration with two years on parole on Count I and three years incarceration with two years on parole on Count II.2 All but four years of his sentence were suspended and upon his release Burk was to b... More...   $0 (10-01-2013 - OK)

Brayden Scott v. Oklahoma Secondary School Activities Association

¶1 The questions presented on appeal are whether the district court: 1) applied the incorrect standard of review in determining whether the actions of the Oklahoma Secondary School Activities Association (OSSAA) warranted the issuance of a permanent injunction; and 2) erred in its determination that there was no substantial likelihood of Petitioner Brayden Scott (Scott) prevailing on his claim th... More...   $0 (10-01-2013 - OK)

City of McKinney v. Hank's Restaurant Group, L.P.

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,... More...
   $0 (09-18-2013 - TX)

Jeffery Janner and Meg Janner v. Kelsey A. Richardson

Jeffery and Meg Janner filed a petition in intervention in their son Joel Neal Janner’s divorce proceeding, seeking access to their grandchild, D.K.J. Joel had died nearly seven months before the Janners sought to intervene in the case. The trial court, concluding that it had lost jurisdiction over the proceeding when Joel

2

died, dismissed the Janners’ petition and the suit ... More...
   $0 (08-29-2013 - TX)

City of Houston v. Randall Kallinen and Paul Kubosh

This interlocutory appeal arises from a suit for writ of mandamus brought under the Texas Public Information Act (“TPIA”). Randall Kallinen and Paul Kubosh (“appellees”) filed a mandamus suit against the City of Houston (“the City”) seeking the public disclosure of various documents requested regarding the

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City’s red light camera installations. After a series of rulin... More...
   $0 (08-29-2013 - TX)

Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

2

Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...
   $0 (08-29-2013 - TX)

Edward Baldridge v. Chuck Brauner

We originally issued our opinion and judgment in this appeal on June 27, 2013. Appellant Edward Baldridge has moved for en banc reconsideration. We

2

withdraw our previous opinion and judgment, and issue this opinion and a new judgment in its place. We dismiss the motion for en banc reconsideration as moot.1

After Edward Baldridge’s employment was terminated by Spring Branch... More...
   $0 (08-29-2013 - TX)

Sakwe Balintulo v. Daimler, A.G.

The question presented is whether to issue a writ of mandamus to resolve in favor of the defendants this long-lived litigation under the Alien Tort Statute (“ATS”)—a statute, passed in 1789, that was rediscovered and revitalized by the courts in recent decades to permit aliens to sue for alleged serious violations of human rights occurring abroad. The statute was first deployed in 1980 again... More...   $0 (08-21-2013 - NY)

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu and Tzyy-Wen-Hzy v. City of San Antonio

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy (“Appellants”), appealed the determination of the City of San Antonio’s Dangerous Structure Determination Board

04-10-00836-CV

(“DSDB”) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim against ... More...
   $0 (08-14-2013 - tx)

Harris & Greenwell, L.L.P. v. Jennifer Hilliard

Appellant Harris & Greenwell, LLP (“H&G”), a law firm, represented appellee Jennifer Hilliard in a proceeding to enforce alimony obligations allegedly agreed to by Jennifer’s ex-husband, Bob Hilliard. After the representation concluded, H&G sued Jennifer for her failure to pay fees and Jennifer made various counterclaims. Following trial, judgment was rendered in favor of Jennifer. H&G now c... More...   $0 (08-01-2013 - TX)

Hale Land and Cattle Company, Inc. v. Silvaris Corporation, d/b/a Low Grande Lumber and Alcalosa Forwarding, Inc.

This consolidated interlocutory appeal and petition for writ of mandamus arise out of the realignment of parties for purposes of trial and denial of Hale Land and Cattle Company’s motion to transfer venue. Because we conclude Hale affirmatively waived any objection to the request for

04-13-00083-CV & 04-13-00320-CV

realignment which forms the basis of its venue challenge, we overru... More...
   $0 (07-31-2013 - TX)

Fiduciary Trust International of California v. Michael J. Brown

In 1992, Raymond Sandler, then an attorney at Sandler & Rosen, drafted wills for Willet Brown and his wife Betty Brown. Willet‟s will established a marital trust that was expected to generate several million dollars in annual income. The will named Betty as the marital trust‟s income beneficiary for life; upon her death, the principal of the trust was to be transferred into an Exemption Equiva... More...   $0 (08-01-2013 - CA)

Victor H. Tamayo v. Sheriff Omar Lucio

A trial court dismissed appellant Victor Tamayo’s case by granting a plea to the jurisdiction filed by the appellee, Cameron County Sheriff Omar Lucio in his official capacity. In two issues, Tamayo argues that: (1) governmental immunity did not bar

2

his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t... More...
   $0 (07-19-2013 - TX)

Michael Lesem v. Liane Mouradian

In this child custody and child support modification proceeding, Michael Lesem filed a motion for enforcement against his ex-wife, Liane Mouradian, after she allegedly failed to return their minor son, J.M.L., to Michael’s possession.

2

Liane filed a motion for modification and also requested that the trial court decline jurisdiction and transfer the case to Florida, where she had ... More...
   $0 (07-14-2013 - TX)

Edward Baldridge v. Chuck Brauner

After Edward Baldridge’s employment was terminated by Spring Branch Independent School District (“District”) Police Department, he filed suit claiming

2

that the District and its Chief of Police, Chuck Brauner (Brauner, collectively with District, appellees) violated Government Code section 614.023 and sought declaratory and injunctive relief.1 The trial court denied appellant... More...
   $0 (06-29-2013 - TX)

State of Arizona v. Inter Tribal Council of Arizona

The National Voter Registration Act requires States to “accept and use” a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl... More...   $0 (06-17-2013 - AZ)

Hawkeye Land Company v. City of Coralville, Iowa

Hawkeye Land Company (Hawkeye) appeals from the district court ruling denying its application for a permanent injunction.1 Hawkeye seeks to prevent the city of Coralville, Iowa (Coralville) from constructing a street extension over railroad tracks in which Hawkeye claims an interest, and argues the district court erred in denying its application for injunction. Because we find that Hawkeye has an ... More...   $0 (06-12-2013 - IA)

Rick L. Schwartz v. Provident Life and Accident Insurance Company

An insured sued disability insurers alleging deceptive claims handling practices in violation of the unfair competition law (UCL) based upon the insurers’ former practice of wrongfully denying benefits to some insureds. (Bus. & Prof. Code, § 17200 et seq.)1 The trial court found that the insured, who was never denied benefits, lacked standing to pursue a UCL cause of action because the insured ... More...   $0 (05-21-2013 - CA)

Elite Door & Trim, Inc. v. Deidree Tapia d/b/a Tapia Construction

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El... More...   $0 (05-22-2013 - TX)

Darby Kyle d/b/a South Coast Roofing and Repair, LLC v. Alma Zepeda

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast”), challenge the trial court’s post-answer default judgment rendered in favor of

2

appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside ... More...
   $0 (05-23-2013 - TX)

Fauzia Din v. John F. Kerry, Secretary of State

United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only

4 DIN V. KERRY

that the visa had been denied under 8 U.S.C. § 1182(a)(3)(B), a broad provision that excludes aliens on a variety of terrorism-related grounds. ... More...
   $0 (05-23-2013 - CA)

Rehak Creative Services, Inc. v. Ann L. Witt

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi... More...
   $0 (05-21-2013 - TX)

Annelise M Clark v. Penn Square Mall Limited Partnership et al.

Annelise M Clark and Robert J. Clark sued Penn Square Mall Limited Partnership et al. on a personal injury theory.

The claims made and defenses asserted are not available.

Court Minutes:

01/02/2013 226 Minute Entry for proceedings held before Magistrate Judge Robert Bacharach: In Chambers Discovery Conference held on 1/2/2013. (lb) (Entered: 01/03/2013)

01/03/2... More...
   $1 (03-11-2013 - OK)

Leonard Hornsby and Sue Allen v. Tarrant County College District

In three issues, Appellant Leonard Hornsby appeals the trial court‘s summary judgment for Appellee Tarrant County College District (TCCD) and its order disqualifying his attorney, Appellant Sue Allen. In two issues, Allen

__________________

1See Tex. R. App. P. 47.4.

2

appeals her disqualification. We affirm the trial court‘s judgment as to Hornsby and we dismiss Al... More...
   $0 (05-16-2013 - TX)

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