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

Case No. 01-03-00924-CV
Regular Panel Decision
Oct 06, 2005

Mary Williams, D.D.S. and Russell Williams, D.D.S. v. L.M.S.C., Inc., D/B/A the Dental Solution

Mary Williams, D.D.S. and Russell Williams, D.D.S. appealed a judgment in favor of L.M.S.C., Inc., d/b/a The Dental Solution (TDS), stemming from a breach of contract dispute. TDS, a dental placement service, sued the Williams for an unpaid permanent placement fee after Diana Flanagan, whom TDS had previously placed temporarily as a dental hygienist, was hired by the Williams as a full-time dentist. The appellants challenged the jury's findings, arguing the contract did not cover dentists, lacked new consideration for modifications, and missed essential terms. The First District of Texas Court of Appeals affirmed the trial court's judgment, concluding that the placement agreement, as modified by subsequent fee schedules, applied to the placement of dentists and that sufficient evidence supported the jury's finding that the Williamses breached the contract by failing to pay the permanent placement fee. The court also upheld the award of attorney’s fees.

Breach of ContractPlacement AgreementDental IndustryPermanent Placement FeeContract ModificationConsiderationMeeting of the MindsLegal Sufficiency of EvidenceAttorney's FeesPrejudgment Interest
References
35
Case No. 07-06-0379-CV
Regular Panel Decision
Oct 25, 2007

Dawn Gayken, D.D.S. v. Ann D. Ewton, Individually and as Independent of the Estate of Merle Clement Ewton, D.D.S.

Dawn Gayken, D.D.S. (appellant) appealed a trial court's order. The appellant's counsel informed the court that Dawn Gayken had filed a voluntary petition as debtor under the United States Bankruptcy Code. Consequently, any further action in this appeal is automatically stayed pursuant to 11 U.S.C. § 362. For administrative purposes, the appeal is removed from the docket of this court and abated. The appeal will be reinstated upon a proper motion showing that the stay has been lifted or that the court may otherwise proceed with the disposition of the cause.

BankruptcyAutomatic StayAbatementAppellate ProcedureVoluntary PetitionDebtorStay LiftedJurisdictionTexas Court of AppealsCivil Procedure
References
1
Case No. 12-14-00256-CV
Regular Panel Decision
Feb 27, 2015

Troy W. Simmons, D.D.S., P.C. and Troy W. Simmons, D.D.S. v. Texas Health and Human Services Commission

This case concerns an appeal by Troy W. Simmons, D.D.S., P.C., and Troy W. Simmons, D.D.S. (Simmons) against the Texas Health and Human Services Commission (THHSC). Simmons appealed the trial court's decision to grant THHSC's plea to the jurisdiction, which dismissed Simmons's suit for declaratory judgment. The dispute originated from a Medicaid fraud investigation by THHSC, leading to a payment hold and a final notice of overpayment against Simmons. Simmons's subsequent declaratory judgment suit, alleging ultra vires actions and constitutional violations, was dismissed on grounds of sovereign immunity. The appellate court affirmed, ruling that Simmons failed to establish a waiver of sovereign immunity by suing the state agency directly instead of an official, and that the Declaratory Judgment Act did not confer jurisdiction.

Sovereign ImmunityPlea to the JurisdictionDeclaratory Judgment ActUltra ViresMedicaid FraudAdministrative RemediesGovernmental ImmunityTexas LawAppellate ReviewSubject Matter Jurisdiction
References
18
Case No. 2016 NY Slip Op 08114
Regular Panel Decision
Dec 01, 2016

Matter of Kent D. (Rachel D.)

Petitioner Kent D. appealed an order from Family Court, New York County, which denied his motion for a forensic evaluation and granted the cross motion to dismiss his petition for visitation with his child. The background reveals that in February 2008, Kent D. stabbed Rachel D., the mother, seven times in front of their child, leading to his conviction for assault and child endangerment and an 11-year prison sentence. A 19-year order of protection was issued, prohibiting contact with the child. The Family Court had previously awarded custody to the mother, and a 2012 divorce judgment affirmed no visitation rights for Kent D. The Appellate Division affirmed the Family Court's decision, finding that Kent D. failed to make an evidentiary showing of changed circumstances required for a visitation hearing, and his claims of completing an anger management program were unsubstantiated. The court also noted the child's continuing symptoms of post-traumatic stress disorder and desire not to see him.

Visitation RightsChild CustodyOrder of ProtectionDomestic ViolenceAssault ConvictionChanged CircumstancesForensic EvaluationAppellate ReviewFamily LawPost-Traumatic Stress Disorder
References
2
Case No. 03-03-00079-CV
Regular Panel Decision
Oct 02, 2003

Jeanne N. Taylor, D.D.S., D/B/A Jeanne N. Taylor D.D.S., Individually, and on Behalf of All Others Similarly Situated v. State Farm Lloyds, Inc.

Jeanne N. Taylor, D.D.S., appealed a district court's summary judgment in favor of State Farm Lloyds, Inc. Taylor had sued State Farm, alleging that the insurer violated the Texas Insurance Code by issuing her business a multi-peril insurance policy with "hired and non-owned auto liability" coverage without mandatory personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) coverage. The Court of Appeals, Third District, at Austin, affirmed the summary judgment, ruling that hired and non-owned auto liability insurance is distinct from "auto liability insurance" as defined in Article 5, Subchapter A of the Texas Insurance Code. The court further concluded that the Texas Department of Insurance (TDI) had the authority under Article 5.02 to regulate such policies under other rating laws, thus making PIP and UM/UIM coverage not mandatory for Taylor's specific policy.

Insurance LawMulti-peril PolicyHired and Non-Owned Auto LiabilityPersonal Injury Protection (PIP)Uninsured/Underinsured Motorist (UM/UIM)Texas Insurance CodeStatutory InterpretationSummary JudgmentDeclaratory JudgmentAdministrative Remedies Exhaustion
References
21
Case No. 14-12-00531-CV
Regular Panel Decision
Sep 12, 2013

Denise Zimmerman v. Dr. Leslie Farias, D.D.S., P.A. F/K/A Dr. Leslie Farias, D.D.S., P.C. and Leslie Farias, Individually

Denise Zimmerman, a dental hygienist, sued Dr. Leslie Farias, D.D.S., P.A., and Leslie Farias individually for negligence after breaking her hip in a workplace fall due to alleged tripping hazards from computer cords. Neither Farias nor her Professional Association subscribed to Texas workers’ compensation insurance. Zimmerman's claims included unsafe working environment and an attempt to pierce the corporate veil against Farias. The trial court granted summary judgment in favor of the appellees. The appellate court affirmed, concluding that Zimmerman did not provide sufficient evidence to support her claims of sham to perpetrate fraud or an unreasonable risk of harm in her premises liability claim.

Workplace personal injurySummary judgmentNegligencePremises liabilityCorporate veil piercingAlter egoDental office accidentAppellate reviewTexas lawNo-evidence summary judgment
References
36
Case No. 13-13-00552-CV
Regular Panel Decision
Feb 12, 2015

Nolana Open MRI Center, Inc. v. Guillermo R. Pechero M.D.Ruben D. Pechero M.D. Maplestar Orthopedics, P. A.

Nolana Open MRI Center, Inc. appealed a judgment rendered against it following a bench trial. The appellees, Guillermo R. Pechero, M.D., Ruben D. Pechero, M.D., and Maplestar Orthopedics, P.A., filed a motion to show authority, contending Nolana's counsel lacked the authority to bring the appeal. The underlying dispute involved the sale of Nolana's assets, patient referrals, lease agreements, and counterclaims for fraudulent inducement, conversion, and breach of contract. A key issue was a 50-50 ownership split in Nolana between Jose Castro and Agustin Garcia, where Castro had settled with defendants and granted them limited power of attorney to oppose litigation, while Garcia sought to authorize the appeal. The Court of Appeals, reviewing the trial court's findings, concluded that Nolana's counsel lacked standing due to the unresolved ownership conflict regarding the authority to initiate the appeal.

Appellate ProcedureJurisdictionMotion to Show AuthorityCorporate AuthorityShareholder DisputeLimited Power of AttorneyBreach of ContractTheft Liability ActFraudulent InducementTortious Interference
References
30
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. MISSING
Regular Panel Decision
Nov 25, 1986

In re Moises D.

This appeal arises from an amended order of the Family Court, Kings County, which dismissed petitions alleging that Moisés D. and Noami D. were neglected children. The appellate court reversed the lower court's decision, adjudicating Moisés D. and Noami D. as neglected children and remitting the matter for a dispositional hearing. The evidence detailed the father's history of paranoid schizophrenia and past instances of severe abuse and neglect towards his other children, including physical violence and a dangerous incident with an autistic son. The mother was found to have failed to protect the children and demonstrated a faulty understanding of parental duties, leading the court to conclude a substantial risk of harm to Moisés D. and Noami D. without supervision. The decision emphasized the necessity of a dispositional hearing to determine the children's well-being and maintain family integrity.

Child NeglectFamily Court ActParental RightsMental IllnessParanoid SchizophreniaChild AbuseAppellate ReviewDispositional HearingRisk AssessmentParental Fitness
References
4
Case No. 08-04-00232-CV
Regular Panel Decision
Aug 25, 2005

W. E. Stephens MFG. Co. v. Howard Goldberg, in His Individual Capacity and D/B/A Supreme Laundry and D & G Investment Company

W.E. Stephens Manufacturing Company (Stephens) appealed a summary judgment granted in favor of Howard Goldberg, d/b/a Supreme Laundry, and D & G Investment Company (D & G). Stephens, a garment manufacturer, contracted with Tony Flores to assemble and finish garments. Flores sub-contracted the laundering to D & G. When Flores failed to pay D & G, D & G refused to release garments belonging to Stephens, asserting a lien. Stephens sued D & G for conversion and breach of a bailment contract. D & G claimed a constitutional and statutory lien. The trial court granted summary judgment for D & G. The appellate court reversed and remanded, finding that the garment lien under Section 70.002 of the Texas Property Code did not apply as D & G had returned multiple lots of garments prior to payment, and the contract specified a future time of payment.

Summary JudgmentConversionBailment ContractGarment LienPossessory LienTexas Property CodeContract LawAppellate ReviewRemandSubcontractor
References
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