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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
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. 04-07-00223-CV
Regular Panel Decision
Oct 03, 2007

Juan Gomez and Rosin, Johnson, Gomez and Seca, Inc. D/B/A Titan Engineering & Surveying Co. v. STFG, Inc. STFG Paving Company STFG Construction Inc. And Carlos Diaz

This interlocutory appeal reviews the trial court's partial denial of a motion to dismiss claims against an engineering firm, Titan Engineering & Surveying Co., by STFG, Inc. The motion to dismiss was based on STFG's failure to file an expert affidavit, a certificate of merit, as required by Section 150.002(a) of the Texas Civil Practice and Remedies Code. The appellate court affirmed the trial court's decision, distinguishing between negligence claims requiring an affidavit and other claims, such as tortious interference and breach of contract, which do not 'arise out of the provision of professional services.' The court further clarified that the statutory requirement to 'dismissal of the complaint' applies only to the specific claims necessitating the affidavit, not the entire lawsuit, thus preventing an unreasonable outcome where unrelated meritorious claims would be dismissed.

Interlocutory AppealMotion to DismissExpert AffidavitCertificate of MeritProfessional ServicesTexas Civil Practice and Remedies CodeStatutory InterpretationAbuse of DiscretionConsolidation of LawsuitsNegligence Claim
References
8
Case No. MISSING
Regular Panel Decision

Millstone Investment & Management, L.L.C. v. BNC Retax, L.L.C.

Millstone Investment & Management, L.L.C. appealed the trial court's denial of its summary judgment motion and the granting of BNC Retax, L.L.C.'s cross-motion. The dispute centered on the validity of tax liens transferred from taxing units (Alief Independent School District and Harris County) to RETax Funding L.P., BNC's predecessor, after TTSF, L.P. # 2 failed to pay property taxes. Millstone argued the liens were invalid because the tax collectors' certificates were not sworn affidavits as required by Texas Tax Code Ann. § 32.06, referencing the Texas Government Code's definition of 'affidavit.' The appellate court affirmed the trial court's judgment, holding that section 32.06(b) did not require the tax collectors to swear to the veracity of their certifications, interpreting the term 'affidavit' in that context as a unique document not subject to the general Government Code definition, especially given the option to attach a seal or sign before a notary.

Tax Lien TransferSummary JudgmentStatutory ConstructionTexas Tax CodeAffidavit InterpretationProperty ForeclosureDelinquent TaxesTax Collector CertificationDeed of TrustAppellate Review
References
18
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. 2015-08-0292
Regular Panel Decision
Oct 12, 2015

Sirkin, Shawn v. Trans Carriers, Inc.

Shawn Sirkin, a 55-year-old resident of Toledo, Ohio, allegedly sustained a shoulder injury while working as a truck driver for Trans-Carriers, Inc., which subsequently denied her claim. Ms. Sirkin filed a Petition for Benefit Determination (PBD) and later a Request for Expedited Hearing (REH) seeking temporary disability and medical benefits. The Court's primary focus was to determine if Ms. Sirkin complied with procedural requirements, specifically the filing of a sufficient supporting affidavit with her REH. The Court found that her submitted 'affidavit' was unsigned and unsworn, thus failing to meet the legal requirements outlined in the Court's rules and Tennessee Rules of Civil Procedure, Rule 72. Consequently, the Court denied Ms. Sirkin's Request for Expedited Hearing on procedural grounds.

Expedited HearingAffidavit RequirementsProcedural ComplianceTemporary Disability BenefitsMedical BenefitsShoulder InjuryTruck DriverWorkers' Compensation LawBurden of ProofStatutory Construction
References
7
Case No. 13-05-559-CV
Regular Panel Decision
Feb 21, 2008

Kirk Wayne McBride, Sr. v. Texas Board of Pardons and Paroles

Kirk Wayne McBride, Sr., an incarcerated individual, appealed the dismissal of his claims by the trial court. McBride alleged violations of his due process rights by the Texas Board of Pardons and Paroles during his parole review hearing. The trial court dismissed his claims without prejudice, citing his failure to comply with chapter 14 of the Texas Civil Practice and Remedies Code, specifically the requirements for an affidavit of previous filings and a certified trust account statement. McBride filed a motion for a new trial, attempting to cure these defects. However, the appellate court found that his submitted affidavit still did not meet the detailed requirements of the statute, particularly regarding the dates of final orders for previously dismissed frivolous lawsuits. Consequently, the appellate court affirmed the trial court's judgment, finding no abuse of discretion in the dismissal.

Inmate litigationFrivolous lawsuitDue ProcessParole review hearingChapter 14 dismissalTexas Civil Practice and Remedies CodePro se litigantAbuse of discretionMotion for new trialAffidavit requirements
References
37
Case No. 535866
Regular Panel Decision
Jun 01, 2023

In the Matter of the Claim of Eleucadio Gallardo

Claimant Eleucadio Gallardo appealed a Workers' Compensation Board decision that denied his application for review due to non-compliance with 12 NYCRR 300.13(b). Gallardo sustained right leg injuries in September 2020 and filed a claim, with Charles J Kling Enterprises LLC and its carrier accepting liability as the employer. After a WCLJ established the claim and awarded benefits, Gallardo sought Board review, arguing Kling Enterprises was incorrectly named and submitting new evidence. The Board denied review, citing Gallardo's failure to object during the hearing and non-compliance with submission requirements for new evidence, specifically the lack of a sworn affidavit. The Appellate Division affirmed the Board's decision, finding no abuse of discretion as Gallardo failed to interpose an objection to the WCLJ's ruling and did not provide the required sworn affidavit for additional evidence.

Workers' Compensation Board ReviewAdministrative AppealFailure to ObjectNew Evidence Submission12 NYCRR 300.13Procedural ComplianceAppellate Division AffirmationEmployer IdentificationCarrier LiabilityWCLJ Decision
References
6
Case No. 2-05-408-CV
Regular Panel Decision
Nov 22, 2006

Texas Municipal League Intergovernmental Risk Pool, a Self-Insured Governmental Entity, and the City of the Colony AND Brandon R. Burns and Juliann Burns, as Guardian for Brandon R. Burns v. Brandon R. Burns and Juliann Burns, as Guardian for Brandon R. Burns, and Texas Workers' Compensation Commission, Intervenor AND Texas Municipal League Intergovernmental Risk Pool, a Self-Insured Governmental Entity, and the City of the Colony

Dennis Hong appealed a jury verdict and trial court judgment in a suit stemming from an automobile accident involving Larry Bennett. Hong argued the trial court erred by admitting Bennett’s medical bill affidavits after Hong filed a timely controverting affidavit under Texas Civil Practice and Remedies Code section 18.001. The appellate court found Hong’s controverting affidavit was sufficient to contest the chiropractic expenses, but not those of a medical doctor, radiologist, or pharmacist. The court concluded that the trial court abused its discretion by admitting both the initial affidavit for chiropractic expenses and the controverting affidavit, rather than requiring expert testimony. Because the jury's damage award was submitted in broad form, it was impossible to ascertain if the award was significantly influenced by the erroneously admitted evidence. Consequently, the appellate court reversed the trial court’s judgment and remanded the case for a new trial.

Automobile AccidentEvidentiary RulingMedical Bill AffidavitsControverting AffidavitTexas Civil Practice and Remedies Code Section 18.001Reasonableness and Necessity of Medical ExpensesExpert TestimonyAbuse of DiscretionHearsay RuleChiropractic Services
References
26
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. 08-06-00234-CV
Regular Panel Decision
Aug 28, 2008

Lawrence Wendell Few v. Catherine Jeanne Few

Lawrence Wendell Few appealed a trial court's order declaring him not indigent and requiring him to pay for the appellate record in his divorce case. Few, representing himself, argued that his indigency was proven by his incarceration and prior affidavits, and that the contest to his indigency affidavit was untimely. The Eighth District Court of Appeals of Texas, El Paso, affirmed the trial court's decision. The court found that Few failed to meet his burden of proof for indigency and that his affidavit was not filed timely. Additionally, the court overruled his recusal motions and other issues for lack of preservation or briefing.

IndigencyAppeal CostsPro Se LitigantAffidavit of IndigenceTimelinessJudicial DiscretionAbuse of DiscretionAppellate ProcedureRecusalProperty Division
References
12
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