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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 02-11-00209-CV
Regular Panel Decision
Sep 13, 2012

in the Interest of A.B. and H.B., Children

This case involves an appeal by D.B. (Father) against the termination of his parental rights to his children, A.B. and H.B., after a jury trial. This is the second time the case has been before the court, with the previous judgment also being reversed and remanded. The court finds the evidence factually insufficient to support the termination grounds under Texas Family Code sections 161.001(1)(D) and (E), which relate to knowingly placing or allowing children to remain in endangering conditions/surroundings, or engaging in endangering conduct. Specific allegations addressed include H.B.'s failure to thrive, Father's hostile behavior, and the condition of Father's homes. While the court affirms the legal sufficiency of the evidence for termination grounds and the children's best interest, it determines that the factual insufficiency for endangerment necessitates a reversal and remand for a new trial. The dissenting opinion argues that the en banc majority's opinion (A.B. 3) improperly contradicts prior rulings on factual sufficiency.

Parental Rights TerminationChild NeglectPhysical AbuseFactual SufficiencyLegal SufficiencyBest Interest of ChildDomestic ViolencePsychological EvaluationFoster CareTexas Family Law
References
47
Case No. 07-15-00442-CV
Regular Panel Decision
May 13, 2016

in the Interest of D.E.B., S.B., J.B., Children

The Texas Department of Family and Protective Services sought to terminate the parental rights of the mother of D.E.B., S.B., and J.B. The trial court ordered termination of parental rights for S.B. and J.B., but not D.E.B. The mother appealed, challenging the sufficiency of evidence to support the finding that termination was in the best interest of S.B. and J.B. The Court of Appeals affirmed the termination order, citing the mother's long history of inability to provide for her children's physical and emotional needs, protect them from danger, and successfully complete court-ordered service plans. The court found that the evidence was legally and factually sufficient to support the best interest finding.

Termination of Parental RightsChild WelfareBest Interest of ChildFamily LawChild NeglectParental UnfitnessSufficiency of EvidenceAppellate ReviewDue ProcessTexas Law
References
13
Case No. 2021 NY Slip Op 02391 [193 AD3d 932]
Regular Panel Decision
Apr 21, 2021

Matter of Zamir F. (Ricardo B.)

The Administration for Children's Services appealed an order from the Family Court, Kings County, which had dismissed petitions alleging that Ricardo B. neglected Zamir F. through sexual abuse and derivatively neglected his other children, Elijah B., Jordan B., Jeremiah B., and Messiah B. The Appellate Division, Second Department, reversed the Family Court's order. It found that the petitioner had sufficiently established neglect and derivative neglect by a preponderance of the evidence, concluding that the testimony of the petitioner's child sexual abuse expert reliably corroborated Zamir's out-of-court statements. The court also determined that the Family Court had erred in its credibility assessment, particularly in preferring the father's expert's testimony. The matter was remitted to the Family Court for a dispositional hearing and the issuance of a dispositional order.

Child NeglectSexual AbuseDerivative NeglectFamily Court Act Article 10Corroboration of Child StatementsExpert TestimonyCredibility AssessmentAppellate ReviewParental DutiesRisk of Harm
References
8
Case No. MISSING
Regular Panel Decision

Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A A-1 Rent All

Garry Rollins, a maintenance technician at Texas College, was injured in October 2013 after falling from a scissor lift. He and Carla Rollins (the Rollinses) sued Texas College, a nonsubscriber to worker's compensation, for negligence, and MPF Investments, LLC d/b/a "A-1 Rent All" (from whom one of the lifts was rented) for negligence and negligent entrustment. The trial court granted summary judgments for Texas College and MPF, striking a letter from Dr. Barnett (Garry's physician) as inadmissible hearsay. On appeal, the Rollinses challenged the striking of evidence and the granting of summary judgments. The appellate court affirmed the trial court's decision, finding the doctor's letter inadmissible and that the Rollinses provided no evidence of causation for Texas College or that Garry fell from MPF's lift. The motion to reopen evidence was also denied because the evidence was not new or diligently sought.

Summary JudgmentNegligencePersonal InjuryMedical EvidenceHearsayCausationExpert TestimonyPreexisting ConditionAppellate ReviewAbuse of Discretion
References
23
Case No. 02-25-00220-CV
Regular Panel Decision
Oct 23, 2025

1 Solar Solution, LLC and Mohammad Ali Samana v. S&A Wholesale Inc., D.B.A. Trendy Energy Solutions and Trendy Communications

Appellee S&A Wholesale Inc., d/b/a Trendy Energy Solutions and Trendy Communications (Trendy), obtained a default judgment against Appellants 1 Solar Solution, LLC and Mohammad Ali Samana. Appellants argued that the trial court abused its discretion by failing to set aside the default judgment, claiming they satisfied the Craddock factors. The trial court denied their motion. The appellate court reviewed the denial of the new-trial motion for abuse of discretion and affirmed the trial court's decision, finding that the appellants' explanation for failing to answer did not negate conscious indifference.

Default JudgmentCraddock FactorsMotion for New TrialAbuse of DiscretionConscious IndifferenceAccident or MistakeAppellate ReviewTexas Civil ProcedureFailure to AppearLegal Representation
References
23
Case No. 2-03-261-CV
Regular Panel Decision
Dec 16, 2004

in the Interest of B.T., M.J.R.B., T.B., and M.T., Children

This case involves an appeal by a Father and Mother against the trial court's judgment terminating their parental rights to their four children: B.T., M.J.R.B., T.B., and M.T. Both parents asserted claims of ineffective assistance of counsel and challenged the factual sufficiency of the evidence supporting the termination. Father also argued that the trial court's termination order was void due to alleged procedural failures, specifically regarding the one-year deadline for trial and the fourteen-day adversary hearing requirement. The Court of Appeals for the Second District of Texas, Fort Worth, reviewed these contentions. The court found no merit in the ineffective assistance of counsel claims, determined that the evidence clearly and convincingly supported the endangerment findings and that termination was in the children's best interest, and concluded that the procedural issues raised did not deprive the trial court of jurisdiction. Consequently, the appellate court affirmed the trial court's judgment terminating the parental rights of the Father and Mother.

Parental Rights TerminationIneffective Assistance of CounselChild EndangermentBest Interest of the ChildFactual SufficiencyAppellate ReviewDue ProcessFamily LawTexas Family CodeTemporary Managing Conservator
References
26
Case No. 13-12-00498-CV
Regular Panel Decision
Apr 18, 2013

Juan Alfredo Martinez v. Arthur Beckwith and Benton Beckwith D/B/A B & B Farms

Juan Alfredo Martinez appealed the trial court's summary judgment in favor of Arthur Beckwith, who was sued alongside Benton Beckwith d/b/a B&B Farms for work-related injuries. Martinez raised three issues on appeal: lack of proper notice for the summary judgment hearing, Arthur Beckwith's alleged waiver of the Texas Workers' Compensation Act (TWCA) affirmative defense, and an error in granting summary judgment. The appellate court affirmed the trial court's judgment, concluding that Martinez was not prejudiced by the notice issue, Arthur Beckwith had properly pled his TWCA defense, and summary judgment was appropriate as Beckwith conclusively established his TWCA defense, which Martinez failed to rebut with genuine issues of material fact regarding his employment and insurance coverage.

Summary JudgmentWorkers' Compensation ActAffirmative DefenseAppellate ProcedureNotice RequirementWaiverEmployment LawWork-Related InjuryDue ProcessTexas Court of Appeals
References
23
Case No. MISSING
Regular Panel Decision
Mar 12, 1991

Downing v. B & B Machine Repair, Inc.

Plaintiff William Downing, a lumber yard worker, sued B & B Machine Repair, Inc. after severing his thumb while operating a table saw that lacked a safety guard. The plaintiff alleged negligence, claiming B & B failed to procure a replacement guard as requested by his employer 16 months before the incident. The Supreme Court, Bronx County, denied B & B's motion for summary judgment on the negligence claim, citing material issues of fact regarding the availability of replacement guards, as refuted by the plaintiff's expert. This appellate court affirmed the denial of summary judgment, finding B & B's arguments lacked merit. A dissenting opinion argued for dismissal, contending B & B's contractual obligation was vague, its actions were not the proximate cause of the injury, and the employer was primarily at fault for using an unsafe saw.

Summary JudgmentNegligenceStrict Products LiabilityWorkplace InjuryTable Saw AccidentSafety GuardProximate CauseDuty of CareContractual ObligationExpert Witness
References
3
Case No. 14-15-00882-CV
Regular Panel Decision
Dec 28, 2015

in the Interest of K.I.B.C., a Child

This is an appellant's brief challenging the termination of parental rights of C.B. to her child, K.I.B.C. The Texas Department of Family and Protective Services (DFPS) initiated the case due to concerns about neglectful supervision and domestic violence. After an initial conservatorship order, the trial court later terminated C.B.'s parental rights based on Texas Family Code Section 161.001(1)(E) and (O). C.B. argues that the evidence was legally and factually insufficient to support the termination grounds and that the termination was not in K.I.B.C.'s best interest, requesting a reversal and remand.

Parental Rights TerminationChild WelfareFamily Law AppealLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDomestic ViolenceParental Mental HealthNon-compliance with Service PlanChild's Best InterestTexas Family Code 161.001
References
21
Case No. MISSING
Regular Panel Decision

Gregory B. v. Gregory F.

This consolidated appeal addresses whether incarcerated parents "permanently neglected" their children under Social Services Law § 384-b (7) (a), thus justifying the termination of parental rights. In Matter of Gregory B., the father, incarcerated since 1980, proposed long-term foster care for his children until his release, which was rejected. Similarly, in Matter of Willie John B. and Matter of Delores B., the father, incarcerated since 1979, also offered indefinite foster care after relatives were found unwilling or unable to provide care. The Court of Appeals affirmed the termination of parental rights in all cases, holding that while 1983 statutory reforms acknowledged special circumstances for incarcerated parents, they did not excuse them from planning for their child's future. The Court concluded that indefinite foster care is not a "viable plan" as it is inconsistent with the purpose of foster care and deprives children of the essential permanency required for proper growth and development.

Permanent NeglectParental Rights TerminationIncarcerated ParentSocial Services LawFoster CareAdoptionChild WelfareFamily LawCourt of AppealsJudicial Review
References
14
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