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

Case No. 12-18-00281-CV
Regular Panel Decision
Sep 27, 2019

in the Interest of B. L. W., a Child

This case involves an appeal by Brandon Lynn Walker against a trial court's order concerning conservatorship and child support for B.L.W., a child he shares with Kamena Taquay Handsborough. Brandon challenged the custody arrangements, child support calculations, the denial of his motion for a new trial, and the refusal to grant additional findings of fact and conclusions of law, as well as his motion to suspend judgment. The appellate court affirmed the trial court's conservatorship decisions, finding no abuse of discretion in appointing both parents as joint managing conservators and Kamena with the exclusive right to designate the child's primary residence. However, the court reversed and remanded the portion of the order regarding child support due to an inconsistency in the ordered amounts, which were not properly supported by evidence or calculation guidelines. All other issues raised by Brandon were overruled.

Child CustodyChild SupportParental RightsAbuse of DiscretionFamily LawConservatorshipMotion for New TrialFindings of FactConclusions of LawMotion to Suspend Judgment
References
43
Case No. 14–15–00925–CV
Regular Panel Decision
Aug 10, 2015

in the Interest of R.S.T., a Child

The Office of the Attorney General of Texas (OAG) appeals a trial court's default judgment in a child support case. The trial court granted Patrick Eugene Bedford's motion to modify a registered Louisiana child support order, subsequently ordering the Harris County Auditor's Office to cease child support arrearage withholdings. The OAG contends the trial court erred in modifying the foreign support order, arguing that Bedford failed to timely contest its registration, and the court lacked jurisdiction under Texas Family Code sections 159.611 and 159.613 without evidence of party residences. Furthermore, the OAG asserts that Bedford used an incorrect legal remedy to challenge the administrative writ of withholding. The OAG seeks a reversal of the trial court's judgment.

Child SupportFamily LawAppellate LawDefault JudgmentJurisdictionForeign Support OrderUIFSAWithholding OrderPaternity DisputeTexas Family Code
References
12
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. MISSING
Regular Panel Decision
Jun 25, 1992

George W. S. v. Donna S.

This case involves a child custody dispute between a father and mother regarding their daughter, born in 1984. The Family Court initially granted the parties joint custody, with the child residing with the father on the condition that he live within a five-mile radius of the former marital residence, and denied the mother's application for sole custody. Both parents have a history of psychological issues and demonstrated significant antagonism towards each other. The appellate court reversed the Family Court's order, finding that joint custody was inappropriate given the parents' inability to cooperate. The matter was remitted to the Family Court for complete psychological evaluations of the parties and the child, and for a de novo hearing before a different judge.

child custodyfamily lawjoint custodypsychological evaluationparental antagonismmental healthappellate reviewremittaldomestic relationsmarital residence
References
11
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. 02-15-00176-CV
Regular Panel Decision
Nov 19, 2015

in the Interest of A.P., a Child

This is an appeal from a trial court's order terminating the parental rights of Mother and Father to their child, Timmy (A.P.). Mother and Father challenged the termination, arguing issues of involuntary relinquishment, ineffective assistance of counsel, and that termination was not in the child's best interest. The Department of Family and Protective Services presented evidence of parental drug use, criminal history, mental health issues, and an unstable home environment, leading to the child's removal multiple times. Both parents eventually signed affidavits of voluntary relinquishment of parental rights, which they later attempted to revoke, claiming duress or ineffective assistance. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in denying new trials and that the signed relinquishment affidavits were sufficient to support the best interest finding for the child.

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review
References
31
Case No. 14-14-00968-CV
Regular Panel Decision
Apr 26, 2016

in the Interest of J.O.A., a Child

This case involves an appeal by the mother (A.S.A.) concerning a Suit Affecting the Parent-Child Relationship (SAPCR) order from the 257th District Court of Harris County, Texas. The order modified conservatorship and child support in favor of the father (A.A.) of J.O.A., a child. The mother contended the trial court erred by awarding custody to the father, denying her motions for new trial and continuance, and that the evidence was insufficient. The Fourteenth Court of Appeals affirmed the trial court's judgment. While the conservatorship issue was deemed moot as J.O.A. had turned 18, the appellate court found a live controversy remained regarding financial obligations. The court concluded that the trial court did not abuse its discretion in denying the mother's motion for new trial, citing her counsel's conscious indifference to the trial setting, and her oral motion for continuance was properly denied for lack of verification. The awards for child support and attorney's fees to the father were also upheld.

Child Support ModificationConservatorship DisputesAppealsDenial of New TrialDenial of ContinuanceParental AlienationBest Interest of ChildTexas Family CodeAttorney's Fees AwardMootness Doctrine
References
31
Case No. 2-06-409-CV
Regular Panel Decision
May 31, 2007

in the Interest of A.M.S.S., a Child

Appellant Lola S. appealed the trial court's denial of her motion for new trial, asserting an abuse of discretion in terminating her parental rights to her child, A.M.S.S. Lola S. did not appear for trial, claiming she did not receive written notice due to a change of address, though her counsel confirmed she was informed. The Texas Department of Family and Protective Services (TDFPS) presented a history of Lola S.'s endangering conduct towards her other child and other criminal acts. The trial court found clear and convincing evidence that Lola S. endangered the child's well-being and that termination was in the child's best interest. The Court of Appeals affirmed the trial court's judgment, concluding there was no abuse of discretion.

Parental Rights TerminationChild EndangermentMotion for New TrialAbuse of DiscretionAppellate ReviewFamily LawChild WelfareTexasDefault JudgmentEvidence Admissibility
References
4
Case No. No. 11-08-00293-CV; Trial Court Cause No. 6436-CX
Regular Panel Decision
Jul 23, 2009

in the Interest of S.N., a Child

This is an accelerated appeal from an order terminating a father's parental rights to his child, S.N. The Texas Department of Family and Protective Services initiated the termination proceedings after S.N. and S.M. were removed from the home due to allegations of appellant's abuse towards S.M. and drug use by the parents. The appellant, the father of S.N., pleaded no contest to injury to a child and was sentenced to fifteen years confinement. The trial court terminated his parental rights based on findings that he engaged in criminal conduct resulting in his confinement for over two years and was convicted of injury to a child. On appeal, the appellant challenged the constitutionality of Texas Family Code Ann. Sections 263.405(b) and (i), arguing they violated his due process and equal protection rights by restricting appeals for indigent parents. The appellate court affirmed the trial court's judgment, finding the statutes constitutional and that the appellant had not demonstrated a due process violation or presented a valid challenge to the sufficiency of the evidence.

Parental Rights TerminationChild AbuseDue ProcessConstitutional LawAccelerated AppealTexas Family CodeTexas Penal CodeIndigent ParentFrivolous AppealSufficiency of Evidence
References
7
Case No. MISSING
Regular Panel Decision

Haussecker v. Childs

Joseph Haussecker, a former sandblaster, developed respiratory problems in 1967 and suspected silicosis, filing a worker's compensation claim in 1968, which was dismissed in 1972 due to lack of medical diagnosis. He was finally diagnosed with silicosis in April 1990. The Hausseckers then contacted attorney Jerry Childs for a product liability suit, but he advised them that the statute of limitations had run. They subsequently filed a legal malpractice suit against Childs, alleging a fact question regarding the discovery rule's application to the statute of limitations for their silicosis claim. The appellate court reversed the summary judgment for Childs, finding a fact question exists as to when Haussecker, through reasonable diligence, should have discovered the permanent nature of his occupational disease.

Legal MalpracticeStatute of LimitationsDiscovery RuleSilicosisOccupational DiseaseLatent Onset DiseaseSummary JudgmentNegligenceAttorney DutyMedical Diagnosis
References
25
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