Robert Davis News
14th Court of Appeals reverses in part, remands in part decision over real estate deal
HOUSTON – The 14th Circuit Court of Appeals reversed in part, remanded in part and affirmed in part a judgment by the 190th District Court in Harris County after concluding the trial court should not have submitted any question inquiring into the enforceability of the oral condition between Ali Mokaram and Osama Abdullatif over a commercial real estate deal.
9th Court of Appeals rules trial court did not abuse discretion, court and counsel 'inadvertently lost track of the case'
BEAUMONT – The 9th Court of Appeals denied a petition for a writ of mandamus filed by Charles Curtis Nowell Jr., Mediq-PRN Life Support Services Inc., Hillenbrand Industries, Hill-Rom Holdings Inc. and Hill-Rom Co. Inc. (relators), after the 60th District Court of Jefferson County denied their motion to dismiss for want of prosecution in a personal injury case involving a car accident.
Court orders White Deer ISD to refund property taxes to individual
AUSTIN – On April 11, Attorney General Ken Paxton announced that a final judgment from the 100th District Court of Carson County affirmed a summary judgment against White Deer Independent School District for violating Texas Senate Bill 1 by refusing to offer property owners tax relief granted by the Legislature in 2015.
First District Court affirms dismissal of resident in sexual assault case against Baylor College of Medicine
HOUSTON – The 1st District Court of Appeals affirmed a decision by the 80th District Court of Harris County to dismiss a sexual assault lawsuit against Baylor College of Medicine resident Shafeeq Sheikh, M.D. filed by a former patient, Laura Perilla-Vargas.
Ninth Court of Appeals says trial court erred in denying Sinclair Group's arbitration motion in suit with former manager
BEAUMONT – The 9th Court of Appeals reversed and remanded the decision by the 284th District Court in Montgomery County to deny The Sinclair Group's motion to compel arbitration in their dispute with Henri Haggblom, a former manager of the company.
1st District Court of Appeals denies motion for sanctions in mailing of CCEMS classified documents case
HOUSTON – The 1st District Court of Appeals affirmed a decision by the 165th District Court in Harris County to dismiss Wayne Dolcefino and Wayne Dolcefino Consulting's motion for sanctions against Cypress Creek EMS (CCEMS) after the trial court granted a summary judgment on conversion in favor of the consulting firm.
Supreme Court reverses, remands decision in Texas Clean Air Act case over service deadline
AUSTIN – The Texas Supreme Court reversed and remanded a decision from the 1st District Court of Appeals that dismissed an appeal filed by AC Interests LP against a ruling by the Texas Commission on Environmental Quality (TCEQ) after the service deadline required by the Texas Clean Air Act passed.
Justices affirm in part, suggests remittitur in part in Valero fire case - plaintiffs were awarded $8.4M in damages
HOUSTON – The 14th District Court of Appeals affirmed in part and suggested a remittitur in part in an appeal filed by Critical Path Resources Inc. disputing damages awarded to nine Valero employees.
Paxton files brief with appeals court over Austin's short-term rental policy
AUSTIN – Attorney General Ken Paxton has filed an appellant brief regarding a decision from the 53rd Judicial District Court in Travis County that denied a motion for summary judgment and excluded parts of the state's summary judgment evidence in a case against an Austin city ordinance that phases out short-term rental permits by 2022.
Appeals court affirms no-evidence summary judgment in retaliation and intentional injury case
HOUSTON – Texas' 14th District Court of Appeals affirmed a no-evidence summary judgment by the 334th District Court in Harris County in favor of Pentair Valves & Controls US LP and Kelly Services Inc., citing the appellee, Anthony Simon, failed to provide enough evidence to show there is a genuine issue regarding the material facts of the case.
14th Court of Appeals affirms judgment in injury case, claims plaintiff did not exercise due diligence
HOUSTON – Texas' 14th Court of Appeals overruled Christina Molina's appeal of a summary judgment in favor of John Gears, Robert Morin and All-Star Tire Co. in a personal injury case where the parties were involved in a car accident.
Ninth Court of Appeals affirms summary judgment in Patriot Security trade secrets case
BEAUMONT – Texas' 9th District Court of Appeals at Beaumont affirmed a reformed final judgment in favor of Patriot Security Inc. after plaintiffs Sherman Moore and George Adams filed a motion for a mistrial stating there was no agreement of a settlement between the parties.
9th District rules trial court erred in LGI Land, owners association dispute
BEAUMONT – The 9th Circuit Court of Appeals in Beaumont reversed in part and remanded in part a trial court's decision to award a partial summary judgment and attorney's fees to LGI Land LLC against property owners Benders Landing Estates Property Owners Association Inc. in a breach of contract case.
9th District court rules trial court erred in splitting wrongful death suit
BEAUMONT – The 9th District Court of Appeals at Beaumont has conditionally granted a motion for mandamus relief to relator Jarod Johnson in a wrongful death suit filed against him and three other defendants.