Appellant, Humble Emergency Physicians, P.A. (“Humble”), challenges the trial court’s rendition of summary judgment in favor of appellees, Memorial Hermann Healthcare System, Inc. (“Memorial”), TeamHealth, Inc. (“TeamHealth”), ACS Primary Care Physicians-Southwest, P.A. (“ACS”), and THW Emergency Management of Houston, Inc. (“TH West”), in Humble’s suit against Memorial for

This is the second appeal arising from this residential construction-defect dispute. This Court previously affirmed summary judgment as to several of the plaintiffs’ claims as limitations barred. Hixon v. Tyco Int’l, Ltd, No. 01-04-01109-CV, 2006 WL 3095326, at *10 (Tex. App.—Houston [1st Dist.] Oct. 31, 2006, no pet.). We reversed and remanded, however, the portion of the trial court’s

David and Betsy Fuller bought land in Tyngsboro, Massachusetts in 1991, and built on it their single-family residence where they have lived ever since. In 2003, the Fullers refinanced their mortgage, obtaining a $256,500 loan from Encore Credit Corp. ("Encore"). Although scheduled to close a day earlier, the loan in fact closed on August 12, 2003. Later that year the mortgage was assigned to Deuts

Plaintiff David Geras, a former employee of Defendant IBM, appeals from the district court’s Rule 12(b)(6) dismissal of his contract claims against IBM for commission payments and separation pay. The district court concluded that Plaintiff’s contract claim for commission payments failed because IBM’s employee incentive plan did not constitute an enforceable contract. As for Plaintiff’s cla

JN Auto Collection, Corp. (“JN”) appeals a directed verdict in favor of U.S. Security Insurance Company (“US”). We reverse.

JN is a used car dealer in the business of buying and selling repaired vehicles, some of which have state-issued certificates of destruction. For several years, US sold general liability garage keepers insurance to JN. In May 2006, US added an endorsement to it

Defendant-appellant Jon R. Hughes appeals from the denial of his motion to suppress evidence obtained during a "knock and talk" interview, an ensuing search, and further interrogation at a later date. His appeal presents nuanced questions concerning the nature of the interview, the voluntariness of his statements, the legitimacy of his consent to the search, and the workings of the inevitable disc

Larry Moree (the Husband) appeals a final judgment of dissolution of marriage which incorporated the provisions of a mediated settlement agreement (MSA) that he entered into with Sheila Moree (the Wife). We affirm the final judgment insofar as it dissolves the parties' marriage. However, we reverse the trial court's ruling denying the Husband's objection to and motion to set aside or reform the MS

¶1 The Complainant alleges that the Respondent, Robert S. Flaniken charged an unreasonable fee to a client, Peggy Hepler. A hearing was held before the Trial Panel of the Professional Responsibility Tribunal (PRT) on April 24, 2003. In their report of May 21, 2003, the PRT concluded the OBA failed to meet its burden of proof in the matter. We agree.

Background Information

¶2 Peggy

After the Department of Labor (DOL) had granted an alien employment certification to AMS & Associates, Inc., thereby clearing a path for its employee Abdulaziz Sugule to apply for an immigrant visa, the Department of Homeland Security (DHS) revoked the DOL’s certification on the ground of fraud. The DHS based its finding on three documents in which Sugule represented to two private parties he wa

These appeals involve an insurance coverage dispute over commercial crime insurance Hartford Fire Insurance Company issued to Pioneer Industries. After Pioneer's chief financial officer (CFO) died, Pioneer discovered he had embezzled more than $500,000 from the company during the eleven years prior to his death. Pioneer sued Hartford after the latter refused to pay a claim for the loss. The distri

In this accelerated interlocutory appeal, appellant Max Protetch, Inc. (Protetch) challenges the trial court’s denial of its special appearance. Concluding the court has personal jurisdiction over Protetch, we affirm.

Background

Appellee John A. Herrin is a resident of Houston. Protetch is a New York corporation authorized to fabricate, promote, price, and sell limite

In this breach of contract and negligent hiring, training, and retention case, appellant Michael B. Wansey, individually and d/b/a Rio Grande Defensive Driving School, challenges the jury's verdict in favor of appellee Cheryl D. Hole. By eight issues,[1] Wansey argues that: the evidence at trial was legally and factually insufficient to support the jury's finding that (1) Wansey negligently hire

Best Auto appeals the take-nothing summary judgment rendered on its claims against Autohaus, LLC d/b/a Ewing Autohaus (Ewing). Best Auto brings seven issues contending the trial court erred by sustaining Ewing's objections to Best Auto's summary judgment evidence and by granting Ewing's motion for summary judgment on Best Auto's claims for fraud, negligent misrepresentation, and violation of the T

The issue presented in this appeal is whether defendants who successfully defended claims arising from a real estate transaction should have been awarded attorney’s fees and costs under the parties’ earnest money contract. The trial court refused to award attorney’s fees and costs under the contract, relying on the Texas Supreme Court’s decision in Intercontinental Group P’Ship v. KB Hom

Robert Earl Warnke filed negligence, fraud, and negligent misrepresentation claims against Nabors Drilling USA, L.P., NDUSA Holdings Corporation, and Bruce Wilkinson arising out of his workplace injury and his claim for workers’ compensation.[1] The trial court granted summary judgment against Warnke disposing of all claims and all parties. Warnke contends the trial court erred in granting sum

The action arose out of a residential real estate transaction. Steven R. White sued Heng Ly Lim, Rachel Sunnora Lim, Karla Yates and Action Real Estate, LLC alleging fraud, negligent misrepresentation, breach of contract, and violation of Residential Property Condition Disclosure Act.

The claims made and defenses asserted. The Supreme Court, in a 9-0 Opinion, determined that only the

Peltier Chevrolet, Inc., apparently upset with multiple lawsuits brought against it by the Weinstein Law Firm, sought sanctions against Jeffrey Weinstein, the principal in the firm, James Owen, his employee or associate, and Danny Dike, their client. This is an appeal from an award of sanctions on behalf of Peltier against Weinstein, Owen, and Dike.

I. FACTUAL AND PROCEDURAL HIS

Plaintiff, the personal representative of his wife's estate, brought this action seeking a declaration that he is a shareholder of defendant Public Safety Center, Inc., and, for that reason, is entitled to inspect the corporation's records. Plaintiff alleged that his wife, prior to her death, had been promised a share of ownership in defendant in exchange for her service to the company and that sh

With limited exceptions, this court’s jurisdiction to consider an otherwise timely appeal depends on whether the district court has entered a final judgment in the action below. NRAP 3A(b)(1). A final judgment is generally defined as one that resolves all of the parties’ claims and rights in the action, leaving nothing for the court’s future consideration except for post-judgment issues.

Ronald Lurie, proceeding pro se,1 appeals from the district court’s grant of summary judgment in favor of Marlin Oil Corporation (Marlin). The court concluded Lurie was unjustly enriched when Marlin mistakenly paid him $135,625.35 for his interests in an oil and gas well. Lurie also appeals from the court’s grant of declaratory judgment authorizing Marlin to offset future payments to Lurie unt

What we have here is an interlocutory appeal from an order denying the motion of Kurt Torster and GEA Group, AG requesting that the cause be arbitrated per the Federal Arbitration Act, i.e. 9 U.S.C. §§1-16. The dispute between the parties has travelled a rather long and winding road. Originally initiated in state court, it sojourned through federal territories via removal and bankruptcy statute

The Terraces at Cedar Hill, L.L.C. and The Terraces Addition Homeowners Association, Inc. appeal the trial court's judgment ordering foreclosure of the mechanic's lien held by Gartex Masonry and Supply, Inc. Appellants bring four issues asserting the trial court erred in ordering foreclosure of the mechanic's lien because (1) Gartex's lien affidavit did not comply with section 53.054 of the Texas

In this False Claims Act (“FCA”) appeal, relator Mary Cafasso challenges orders of the district court dismissing her qui tam complaint, rejecting her proposed amended pleading, granting summary judgment on remaining claims, and awarding attorneys’ fees.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cafasso alleges that her former employer General Dynamics C4 Syst

This matter presents an issue which it seems no reported decision has addressed: Which statute of limitations applies to an action for malicious prosecution against an attorney? We conclude that the limitations period applicable to actions against attorneys under section 340.6 of the Code of Civil Procedure applies rather than the general statute of limitations applicable to actions for malicious

This case requires us to determine the extent to which a federal consumer protection law, the Interstate Land Sales Full Disclosure Act (“ILSA”), 15 U.S.C. §§ 1701-20, protects individual buyers or lessees who purchase or lease lots in large, uncompleted housing developments. Defendants-Appellees, developers or agents who sold condominium units to Plaintiffs-Appellants, claim that those sale