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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

Wilcoxson v. State

Bobby R. Wilcoxson, convicted of first-degree murder in 1986, appealed the denial of his post-conviction relief from conviction after his death sentence was reversed due to ineffective assistance of counsel. The core of his appeal alleged ineffective assistance of counsel during the guilt/innocence phase, primarily for failing to investigate his mental competency and the feasibility of an insanity or diminished capacity defense. Evidence presented included his extensive history of mental illness diagnoses (schizophrenia, bipolar disorder) and disruptive prison behavior, but his trial attorneys argued he was competent and actively involved in his defense. The appellate court affirmed the post-conviction court's judgment, finding counsel deficient for not requesting a psychological examination given the evidence, but ultimately concluded Wilcoxson failed to prove he was actually incompetent or prejudiced by counsel's decisions.

Ineffective Assistance of CounselPost-Conviction ReliefMental CompetencyInsanity DefenseDiminished CapacityPsychiatric EvaluationAppellate ReviewFirst Degree MurderDeath Sentence ReversalProcedural Due Process
References
116
Case No. MISSING
Regular Panel Decision

950 Corbindale, L.P. v. Kotts Capital Holdings Ltd. Partnership

This accelerated interlocutory appeal stems from the denial of a motion to stay litigation and compel arbitration. The dispute involves three limited partnerships formed in 2004 for real estate acquisition and management. The partnership agreements contained a broad arbitration clause, but limited arbitrators to awarding "compensatory damages only." Appellees, Kotts Capital Holdings, LP and Kotts Capital Holdings, Inc., sought declaratory relief in district court after an offer to purchase the properties was rejected. Appellants, including 950 Corbindale, L.P. and others, moved to compel arbitration, arguing the dispute fell within the agreement's scope. The trial court denied the motion. On appeal, the court held the arbitration agreements were valid and the dispute, including the request for declaratory relief, was within the scope of arbitration, despite the damages limitation. The court reasoned that "compensatory damages only" modified the type of damages, not the arbitrator's authority to grant other forms of relief. Consequently, the appellate court reversed the trial court's order and remanded the case with instructions to compel arbitration.

Arbitration ClausePartnership DisputeDeclaratory JudgmentMotion to CompelInterlocutory AppealContract InterpretationScope of ArbitrationCompensatory DamagesAppellate ProcedureWaiver of Rights
References
11
Case No. MISSING
Regular Panel Decision

Langham v. State

This case concerns an appeal by teachers, represented by the New York State United Teachers (NYSUT), challenging the denial of retroactive dual family health insurance coverage. The plaintiffs originally lost dual family coverage under a State Health Insurance Plan and subsequently sought the same retroactive benefits granted to members of another union, the New York Educators Association (NYEA), following a separate settlement. Their request was denied, leading them to file an action for declaratory and injunctive relief. Special Term dismissed the complaint as untimely, a decision affirmed on appeal. The appellate court ruled that the four-month limitations period of CPLR 217 governed the declaratory judgment action and began on January 3, 1984, when plaintiffs learned of the unequal treatment, rather than the later date of their specific request's denial.

Declaratory JudgmentInjunctive ReliefCivil Service LawCPLRStatute of LimitationsDual Family CoverageHealth InsuranceState EmployeesCollective BargainingUnequal Treatment
References
8
Case No. M1999-00516-CCA-R3-PD
Regular Panel Decision
Oct 20, 2000

Henry Eugene Hodges v. State

The appellant, Henry Eugene Hodges, appealed the Davidson County Criminal Court's denial of his petition for post-conviction relief from his 1992 first-degree murder conviction and death sentence. The appeal raised issues concerning the effectiveness of trial counsel, the post-conviction court's failure to provide funds for expert services, and the denial of a continuance. The court concluded that the appellant was not denied effective assistance of counsel, the denial of funds for additional expert services was proper, and the denial of a continuance for the evidentiary hearing was appropriate. Consequently, the court affirmed the post-conviction court's finding that the appellant is not entitled to post-conviction relief.

Post-conviction reliefIneffective assistance of counselDeath penaltyCapital murderGuilty pleaLigature strangulationMedical expert testimonyMitigation evidenceExpert services fundingAppellate procedure
References
86
Case No. M2003-00294-COA-R3-CV
Regular Panel Decision
Nov 28, 2005

Linda Yvonne Bilyeu v. Glenn E. Bilyeu

This divorce action involves an appeal by the Husband, Glenn E. Bilyeu, from the Chancery Court's decision. He contested the denial of alimony, the denial of Rule 60 post-judgment relief, and the classification of his workers' compensation benefits as marital property. The Court of Appeals of Tennessee affirmed the Chancery Court's decision on all points. The court found no merit in the Husband's arguments, upholding the denial of alimony due to his failure to seek alternative employment and affirming the marital property classification of the workers' compensation award given the lack of evidence to the contrary. The denial of Rule 60 relief was also upheld, as the Husband did not provide sufficient evidence to demonstrate misrepresentation by the Wife regarding her property interest.

DivorceAlimonyMarital PropertyWorkers' Compensation BenefitsPost-judgment ReliefRule 60.02Property ClassificationOccupational IllnessAppellate ReviewChancery Court
References
29
Case No. Cause No. 12-92-00401-CV; Cause No. 12-92-00400-CV; Cause No. 12-92-00386-CV
Regular Panel Decision

White v. Blake

The Relator, James Ronnie White, filed three original mandamus proceedings against Judge Blake concerning child custody and parental rights over his daughter, K_B_W_. The case originated from a 1983 Alabama divorce, with subsequent modifications and allegations of child abuse that Alabama courts found groundless. After the child's mother moved K_B_W_ to Texas, White challenged a Texas protective order, the denial of his habeas corpus application for possession of the child, and the refusal to dismiss a petition to terminate his parental rights. The appellate court denied mandamus relief for the protective order and the denial of habeas corpus (due to lack of record on emergency grounds) but conditionally granted relief regarding attorney's fees awarded in the habeas matter. Crucially, the court conditionally granted mandamus relief to dismiss the termination petition, holding that the Texas court abused its discretion by not adhering to the Uniform Child Custody Jurisdiction Act (UCCJA) and Parental Kidnapping Prevention Act (PKPA) requirements for deferring jurisdiction to Alabama, which continued to exercise jurisdiction.

MandamusChild CustodyParental Rights TerminationJurisdiction DisputeUCCJAPKPAInterstate CustodyHabeas CorpusProtective OrderAttorney Fees
References
19
Case No. MISSING
Regular Panel Decision
Jun 25, 2012

Ruesch v. Ruesch

The plaintiff appealed an order from the Supreme Court, Nassau County, in a divorce and ancillary relief action. The Supreme Court found the defendant in civil contempt for violating a stipulation by allowing her paramour to reside in the marital home. The court suspended maintenance payments and imposed a prospective fine. The plaintiff argued for retrospective application of these penalties and an award of an attorney's fee. The appellate court affirmed the lower court's decision, stating that civil contempt fines are remedial, not punitive for past acts without proven actual loss. The court also found the denial of attorney's fees to be without merit.

DivorceCivil ContemptMaintenance PaymentsStipulation ViolationProspective FineMarital HomeAppellate ReviewJudicial DiscretionRemedial FineAttorney's Fee
References
3
Case No. 2019-06-0815
Regular Panel Decision
Dec 06, 2019

Stewart, Michael v. Don Kennedy Roofing

Michael Stewart, an employee of Don Kennedy Roofing, filed a Request for Expedited Hearing challenging the denial of his workers' compensation claim. He alleged a shoulder injury from a fall on a wet restroom floor at work on March 26, 2019. Don Kennedy Roofing denied the claim, asserting Mr. Stewart did not fall as described and presenting edited video surveillance footage and testimonies to support their position. The Court found the employer's video editing troubling but noted Mr. Stewart failed to provide contradictory evidence. The Court denied Mr. Stewart's requested relief, ruling that he was unlikely to prevail at a hearing on the merits due to insufficient evidence.

Workplace InjuryFall AccidentShoulder InjuryExpedited HearingDenial of ClaimSurveillance VideoEmployee TestimonyEmployer DefenseBurden of ProofMedical Benefits
References
2
Case No. 2021-06-1129
Regular Panel Decision
Dec 22, 2021

Swartsell, Timothy v. Nashville Tempered Glass Corp.

Timothy Swartsell sought additional medical benefits for a left shoulder injury sustained at work, requesting Dr. Jaron Sullivan as his authorized treating physician. The employer, Nashville Tempered Glass Corp., disputed compensability and Dr. Sullivan's authorization, arguing an intervening act of golfing broke the chain of causation. The Court found Mr. Swartsell's injury primarily work-related, rejecting the employer's compensability defense based on medical evidence. However, it denied the request for additional benefits and payment for past unauthorized treatment with Dr. Sullivan. This denial was due to Mr. Swartsell's failure to consult his employer before seeking outside medical care, thereby not satisfying his burden of proof for the requested relief.

Shoulder InjuryMedical BenefitsUnauthorized TreatmentCausationIntervening ActGolf InjuryRotator Cuff TearBiceps TendinopathyExpedited HearingDenial of Relief
References
7
Case No. MISSING
Regular Panel Decision

Associated General Contractors of Texas, Inc. v. City of El Paso

Appellants, identified as Associated Gen. Contractors of Texas, Inc., appealed the denial of their application for a temporary injunction against Appellee, the City of El Paso. The Appellants sought to prevent the Appellee from entering public works contracts, alleging that the City failed to properly ascertain the general prevailing rates of per diem wages for building construction as mandated by Article 5159(a) of the Texas Revised Civil Statutes. The case had been previously reversed and remanded by the appellate court. At the hearing for the temporary injunction, Appellants focused their dispute on building construction wage rates, conceding on highway construction wages. The trial court denied the injunctive relief without stating reasons, and this appellate court affirmed, concluding that the trial court did not abuse its discretion given the conflicting evidence presented and Appellants' failure to demonstrate irreparable injury.

Temporary InjunctionPrevailing Wage RatesPublic Works ContractsAbuse of DiscretionAppellate ReviewIrreparable InjuryStatus QuoBuilding ConstructionTexas Civil StatutesDavis-Bacon Act
References
12
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