Court of Appeals - 9th District of Texas at Beaumont News

Appeals court affirms partial summary judgment, dismissal in dispute over pipeline construction

By Gabriel Neves | Mar 15, 2019

BEAUMONT -- Two landowners, who had a pipeline passing through their land in Liberty County, and who lost the property during construction, have suffered a loss in court.

Appeals court rules report that connected hospital to newborn's death is sufficient

By Charmaine Little | Mar 15, 2019

BEAUMONT -- An appeals court ruled March 7 that an expert report did meet requirements in a health care liability case against Kingwood Medical Center, as it affirmed a lower court’s denial of the center's motion to dismiss.

Appeals court denies rehearing in 'Baby Olivia' wrongful death case

By Gabriel Neves | Mar 12, 2019

BEAUMONT – The Texas Ninth District Court of Appeals recently denied a motion for a rehearing in the case involving "Baby Olivia," whose parents sued Medical Center of Southeast Texas for wrongful death.

9th District Court of Appeals affirms denial of motion to dismiss suit over child care center

By Takesha Thomas | Feb 26, 2019

BEAUMONT – A couple who claimed that their First Amendment rights had been violated when a development prohibited them from operating a child care center from inside their home has lost their appeal to dismiss a suit filed by their homeowners association.

9th District Court of Appeals reverses denial of attorney's motion to dismiss in paving contractor case

By Takesha Thomas | Feb 18, 2019

BEAUMONT – A state appellate court has ruled a lower court erred when it denied an attorney's motion to dismiss a petition against him in a suit between paving contractors.

Justices find Orange County Building Materials did not owe duty to warn man who tripped on boards

By Charmaine Little | Feb 8, 2019

BEAUMONT – On Feb. 7, summary judgment for Orange County Building Materials Inc. was affirmed in an appeals court despite Arthur Simpson Jr.’s argument that he presented enough evidence to prove OCBM had a responsibility to issue a warning about any possible risks before he tripped and fell.

9th District Court of Appeals rules Bliss Builders, man fail to prove arbitrator was partial to plaintiffs

By Charmaine Little | Feb 8, 2019

BEAUMONT – The Court of Appeals in the 9th District of Texas at Beaumont reversed an order that vacated an arbitration award in a fraud case, stating that an alleged friendship between the plaintiff's lawyer and the arbitrator is irrelevant.

9th District rules woman not entitled to attorneys' fees in property dispute

By Charmaine Little | Jan 28, 2019

BEAUMONT – A state appellate court ruled that a lower court was correct in denying a woman's claim for attorneys' fees in a suit against her stepfather over the ownership of a property.

Appeals court rules no additional attorney's fees in Montgomery County property dispute

By Karen Kidd | Jan 21, 2019

BEAUMONT – A woman who wanted additional attorney fees following her successful claim on a deed to a Montgomery County property won't be getting any more than the trial court awarded her, according to a recent appeals court's decision.

TXDOT employee who was terminated after taking scrap metal loses appeal of dismissal of case

By Carrie Salls | Dec 31, 2018

BEAUMONT – The Court of Appeals for the 9th District of Texas at Beaumont upheld an 88th District Court of Tyler County order dismissing a woman’s lawsuit against the Texas Department of Transportation (TXDOT), her former employer, and her supervisor Henry Sawyer, according to a Dec. 20 Appeals Court opinion.

Court vacates turnover order in case between Port Arthur Steam Energy, Oxbow Calcining

By Gabriel Neves | Dec 26, 2018

BEAUMONT – An appellate court has reversed two decisions made by a lower court in a case between two companies over an energy agreement.

9th District reverses order denying U.S. Money Reserve's motion to compel arbitration in employment agreement case

By Gabriel Neves | Dec 26, 2018

BEAUMONT – An appellate court has ruled that a lower court wrongfully denied a precious metal buying company's motion to compel arbitration in a case against two former employees.

9th District Court upholds dismissal of suit against Joe Corley Detention Facility

By Elizabeth Alt | Nov 27, 2018

BEAUMONT – The Court of Appeals of the 9th District at Beaumont affirmed a trial court order dismissing Valentin Ayala-Gutierrez’s suit claiming Civil Rights Act violations, noting Ayala-Gutierrez failed to appear at the hearing that was scheduled to establish why his suit should not be dismissed and never requested any citations to be prepared.

9th District Court of Appeals affirms oil company can’t claim declaratory relief in suit over leases

By Elizabeth Alt | Nov 21, 2018

BEAUMONT – In an opinion issued Nov. 15, the 9th District Court of Appeals at Beaumont affirmed the 172nd District Court's order that found a company can’t file a claim for declaratory relief in a lawsuit over who owns oil and gas leases in Jefferson County.

Justices reverse motion ordering Kongsberg, Bombardier Recreational Products to produce trade secret documents

By Charmaine Little | Nov 19, 2018

BEAUMONT – A lower court shouldn’t have ordered two companies to deliver trade-secret and protected items in a negligence and liability case after an accident, the Court of Appeals for the 9th District of Texas at Beaumont decided on Nov. 8.

9th District conditionally grants INVISTA writ in wrongful death case

By Gabriel Neves | Nov 8, 2018

BEAUMONT – An appellate court has conditionally granted a writ of mandamus for a trial court judge to vacate his order regarding a company to produce a witness for deposition in a wrongful death case.

Upheld: $450K arbitration award against Milani Hinkle and Cole in malpractice case

By Gabriel Neves | Nov 8, 2018

BEAUMONT – An appellate court has upheld a trial court's judgment regarding a nearly $460,000 arbitration award between a law firm and the woman who hired it to represent her in a dental malpractice claim.

Citing lack of jurisdiction, court dismisses suit from friends of a minor injured at Conroe day camp

By Gabriel Neves | Oct 15, 2018

BEAUMONT – An appellate court has dismissed the claims of two individuals filing on behalf of a minor who sustained an eye injury at a city-operated day camp, citing lack of subject matter jurisdiction.

Appellate court tosses discrimination suit against Spindletop Center

By Takesha Thomas | Oct 8, 2018

BEAUMONT – A state appellate court has reversed a trial court's ruling in an age and gender discrimination case against Spindletop Center.

Denial of Beaumont's plea to jurisdiction upheld in case over accident allegedly caused by manhole

By Takesha Thomas | Oct 8, 2018

BEAUMONT – An appeals court has affirmed a trial court's ruling in a case over alleged injuries a man sustained in accident caused by a manhole.

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