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Case Law Database

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

Case No. MISSING
Regular Panel Decision

McFarland v. Citibank (South Dakota), N.A.

Alvin S. McFarland appealed the trial court's decision to grant Citibank (South Dakota), N.A.'s motion for summary judgment in a credit card debt collection suit and deny McFarland's cross-motion. Citibank sued McFarland for unpaid credit card debt based on an "account stated" cause of action, among other claims. McFarland challenged the competency of Citibank's affidavit evidence and argued that "account stated" was not applicable to credit card collections. The appellate court affirmed the trial court's judgment, finding the affidavit competent and confirming that an "account stated" cause of action is appropriate for credit card debt collection in Texas.

Credit card debtSummary judgmentAccount statedAppellate reviewAffidavit competencyBusiness records exceptionPersonal knowledgeImplied contractTexas civil procedureDebt collection law
References
22
Case No. la-is^aoogo-CV
Regular Panel Decision
Apr 09, 2015

in the Matter of the Marriage of Edsel A. Dixon and Heather D. Dixon, and in the Interest of Ashley Lynn Dixon, a Child

This document is an Affidavit of Indigency filed by EJscrd A. Dixon (Cause Number la-is^aoogo-CV) on April 9, 2015, in Tyler, Texas. The applicant requests a waiver of court fees due to financial hardship, declaring no monthly net income after taxes and no stated amount received from public benefits, despite checking boxes for various entitlements such as SSI, Food Stamps, and Medicaid. Dixon's occupation is listed as a Welder/Mechanic for Kentuckiana Real Estate. The affidavit details monthly expenses, including $305.00 for rent, $250.00 for food, and $200.00 for utilities, totaling $755.00. Assets reported include $50.00 in cash and $150.00 in bank accounts, with a total property value of $200.00.

AffidavitIndigencyCourt FeesFinancial HardshipWaiver RequestPublic BenefitsIncome StatementExpense ReportAsset DeclarationNotarized Document
References
0
Case No. MISSING
Regular Panel Decision
Jan 28, 2015

Tom J. Jones, and All Occupants v. Dinh Tran & Sonny & Anna, LLC

This document is an Affidavit of Indigency, also known as a Pauper's Oath or Affidavit of Inability to Pay Court Costs. It is used by a petitioner to request the court to waive court fees, asserting an inability to pay due to indigency or receipt of public benefits. The affidavit requires the petitioner to provide current, complete, and true financial information, including income sources and amounts, public benefits received, dependents, property, debts, and monthly expenses. The document warns that false statements can lead to prosecution and states that the court may conduct a hearing to verify the financial information before approving or denying the request for fee waiver. The case involves I. J. Doubs as the petitioner and Jerry D. Crawford as the respondent, filed in the 14th Court of Appeals, Houston, Texas, on January 28, 2015.

Affidavit of IndigencyCourt Costs WaiverPauper's OathFinancial DisclosurePublic BenefitsFee ExemptionTexas Civil ProcedureIndigent LitigantJudicial AdministrationCivil Litigation
References
0
Case No. MISSING
Regular Panel Decision

Wilie v. Signature Geophysical Services, Inc.

Jerry and Natalie Wilie, individually and as next friends of their children, appealed a summary judgment granted in favor of Signature Geophysical Services, Inc. and Elexco Corporation. The appeal stemmed from an automobile accident caused by Signature's employee, Jack Sonnier, while he was driving to pick up his paycheck after consuming alcohol. Appellants argued Sonnier was within the course and scope of his employment, challenged a misspelling of a defendant's name, and questioned the competency of summary judgment evidence due to defective affidavits. The appellate court affirmed the summary judgment, holding that Sonnier was not in the course and scope of employment while commuting to work, distinguishing the case from injuries occurring on employer premises. The court also found the misspelling non-prejudicial and disregarded the defective affidavits but still concluded summary judgment was properly granted.

Respondeat SuperiorSummary JudgmentCourse and Scope of EmploymentCommuting RuleSpecial Mission ExceptionEmployer LiabilityAutomobile AccidentNegligenceAppellate ReviewTexas Civil Procedure
References
25
Case No. 526849
Regular Panel Decision
Dec 20, 2018

Vergine v. Phillips

In this appeal, plaintiffs Joanne Vergine and her husband challenged the Supreme Court's decision to deny their cross-motion to amend their bill of particulars to include posttraumatic stress disorder (PTSD) as a serious injury and to grant defendant's motion for summary judgment, dismissing the complaint. The central issue was whether a licensed clinical social worker (LCSW) is competent to diagnose PTSD for purposes of establishing a serious injury under Insurance Law § 5102 (d). The Appellate Division, Third Department, reversed the Supreme Court's order, concluding that an LCSW is indeed competent to render such an opinion. The court found that the LCSW's affidavit presented a genuine issue of material fact regarding Vergine's causally-related PTSD, thus warranting the denial of defendant's summary judgment motion and the granting of plaintiffs' cross-motion to amend.

PTSD diagnosisserious injury claimautomobile accident liabilitysummary judgment motionlicensed clinical social worker competencepsychological injurymedical evidenceappellate procedureInsurance Law § 5102(d)mental health professional
References
9
Case No. 13-14-00716-cv
Regular Panel Decision
Jan 13, 2015

Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District

This document is an Affidavit of Indigency filed by Victor Quijanq, requesting the court to waive court fees due to his inability to pay. He provides detailed financial information including his monthly net income of $1600 as a self-employed individual and $150 in public benefits (SSI, Medicaid). He lists his dependents as Maria Amaya, Estefania Quijano, Jesus Quijano, Juan Quijano, and Ana Quijano, and details his assets (cash, vehicle) and monthly expenses (rent, food, utilities). The form clarifies that the court may or may not approve the request and might require a hearing.

IndigencyCourt FeesAffidavitPauper's OathFinancial DisclosurePublic BenefitsExpensesDependentsTexas Law HelpCivil Procedure
References
0
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. 05-15-00801-CV
Regular Panel Decision
Jul 23, 2015

Jay Sandon Cooper v. Judge Paul McNulty

Jay Sandon Cooper appealed an order from the 219th Judicial District Court of Collin County, which sustained a contest to his affidavit of indigence. Cooper, appearing pro se, sought to proceed on appeal without advance payment of costs, claiming monthly income of $2,586 against expenses averaging $2,704. The trial court found Cooper had sufficient discretionary funds to pay appellate fees, noting he paid no mortgage, rent, or insurance, and a significant portion of his expenses were litigation-related. The Fifth District Court of Appeals at Dallas affirmed the trial court's order, concluding there was no abuse of discretion, and directed Cooper to pay for the clerk's and court reporter's records.

indigenceappellate procedureaffidavit contestcourt costspro se litigantfinancial abilitytrial court orderabuse of discretionTexas appellate law
References
4
Case No. MISSING
Regular Panel Decision

Panio v. Sunderland

This case concerns appeals related to the validity of absentee and affidavit ballots from the November 2, 2004 general election for the 35th State Senatorial District, contested between Republican candidate Nicholas Spano and Democratic candidate Andrea Stewart-Cousins. The court modified the Appellate Division's order, ruling that 163 affidavit ballots cast in the correct polling site but wrong election district, 45 absentee ballots by poll workers, and 20 affidavit ballots with missing election district information, all due to ministerial errors by the Board of Elections, must be counted. Conversely, 457 affidavit ballots cast at the wrong polling place and three affidavit ballots where votes were already recorded for those voters were properly excluded. The decision emphasizes balancing statutory duties with voter rights, ensuring that ministerial errors do not disenfranchise eligible voters.

election lawballot validityaffidavit ballotsabsentee ballotsministerial errorvoter disenfranchisementpolling siteelection districtNew York State Senateelection dispute
References
8
Case No. 19-1032
Regular Panel Decision
Mar 12, 2021

in the Matter of the Marriage of Angelina Sandoval and Angel Sandoval and in the Interest of A.M.S., a Child

This case involves an appeal of a no-answer default judgment in a divorce proceeding between Angelina Sandoval and Angel Sandoval. Angel, the husband, sought a new trial, asserting equitable grounds under the Craddock standard and arguing improper service of process. The trial court initially denied his motion, sustaining a hearsay objection to his affidavit, a decision affirmed by the court of appeals which cited formal defects in the affidavit. However, the Supreme Court of Texas reversed this decision. The Supreme Court ruled that the trial court erred by rejecting Angel's affidavit as hearsay, clarifying that facts based on personal knowledge are not hearsay. Furthermore, the higher court found that any formal defects in the affidavit's jurat were waived by the opposing party's failure to object at the trial court level, and Angel's affidavit provided a reasonable, uncontroverted explanation for his failure to answer, setting forth a meritorious defense concerning separate property.

DivorceDefault JudgmentMotion for New TrialCraddock StandardEquitable GroundsService of ProcessHague Service ConventionAffidavit AdmissibilityHearsay ObjectionSeparate Property
References
22
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