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

Case No. MISSING
Regular Panel Decision

People v. Weitz

The defendant, Michael Weitz, moved for early termination of his 10-year probation sentence, citing rehabilitation. A hearing was held on May 10, 2012, where Rabbi Efraim Salzman testified on Weitz's behalf, and Weitz also testified. The court reviewed his history, including prior convictions for sexual abuse and unlawful imprisonment in Sullivan County (2002), and attempted sexual abuse in New York County (2004), which led to the current probation. Weitz presented evidence of religious observance and participation in a relapse prevention program, but failed to provide expert testimony on his rehabilitation or demonstrate full acceptance of responsibility. The court found that Weitz had not diligently complied with probation terms and that his claims of rehabilitation and reasons for early termination (travel, marriage) were unconvincing. Consequently, the motion for early termination of probation was denied.

Probation TerminationSex OffenderRehabilitation AssessmentCriminal Procedure Law 410.90Penal LawCorrection LawWitness CredibilityPsychiatric EvaluationRisk AssessmentSentencing Discretion
References
10
Case No. 03-11-00327-CV
Regular Panel Decision
Feb 21, 2014

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

This case involves a lease dispute between Cedar Contracting, Inc. and Lands & Leases, Inc. (Appellants) and Ronald Hernandez and Connie Hernandez (Appellees). Appellants appealed a trial court's summary judgment which declared that Cedar Contracting's assignment of its commercial lease rights and subsequent sublease violated the lease terms with Connie Hernandez. The appeals court affirmed the trial court's judgment, holding that the lease terminated upon Hernandez's notice of termination and that Cedar Contracting did not have an unrestricted right to assign or sublease the property without the landlord's consent. The court concluded that the phrase 'or its assigns' in the lease did not override the explicit restriction and found no error in the trial court's decision that Hernandez was justified in interfering with the sublease.

Lease DisputeCommercial LeaseAssignment of LeaseSubleaseLandlord ConsentSummary JudgmentContract InterpretationNotice of TerminationTortious InterferenceAttorney's Fees
References
32
Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

EXLP Leasing LLC and EES Leasing LLC v. Loving County Appraisal District

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. 2015-06-0332
Regular Panel Decision
Dec 11, 2015

Jones, Cedric v. Crencor Leasing & Sales

The employee, Cedric Jones, sustained a left shoulder injury at work when a ladder fell. His employer, Crencor Leasing and Sales, provided medical benefits but contested temporary disability payments, asserting Jones was terminated for cause. Jones claimed his dismissal was a pretext for absences related to his injury and that suitable light-duty work was not provided. The trial court upheld the termination for cause but found the employer could not accommodate Jones's medical restrictions, leading to an award of temporary disability. On appeal, the Appeals Board affirmed the termination for cause finding, but reversed the determination that the employer could not provide accommodations, remanding the case for further proceedings.

Workers' CompensationTermination for CauseTemporary Disability BenefitsWork RestrictionsPretextAccommodationsShoulder InjuryMedical TreatmentEmployee MisconductTimecard Fraud
References
5
Case No. MISSING
Regular Panel Decision

Rose v. Mendon Leasing Co.

Plaintiffs Sylvan D. Rose and Orville Sterling, two African-American males, sued their former employer, Mendon Leasing Co., for racial discrimination under Title VII and 42 U.S.C. § 1981, following their termination for allegedly stealing gasoline. Mendon moved for summary judgment, arguing a legitimate, non-discriminatory reason for termination backed by video surveillance. The plaintiffs claimed disparate treatment and pretext, asserting that Caucasian employees engaged in similar conduct without discipline, and alleged tampering with video evidence. The Court found that Mendon met its burden by showing a legitimate reason for termination, and plaintiffs failed to provide sufficient evidence of discrimination or to rebut Mendon's evidence. Consequently, the Court granted Mendon's motion for summary judgment on the federal claims and dismissed the entire complaint, declining supplemental jurisdiction over state law claims.

Racial DiscriminationEmployment DiscriminationSummary JudgmentTitle VII42 U.S.C. § 1981Disparate TreatmentPretextFederal Rules of Civil Procedure Rule 56Wrongful Termination
References
15
Case No. 13-09-00213-CV
Regular Panel Decision
Dec 09, 2010

Unique Staff Leasing, LLC and Unique Staff Leasing I, Ltd. v. Richard Onder

This case involves an appeal from a jury verdict in a breach of contract dispute between Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (Appellants) and Richard Onder (Appellee). The core of the dispute was an 'Independent Contractor and Commission Agreement' and prior oral agreements regarding commission payments. Unique argued that the agreements were unenforceable due to the statute of frauds and that Onder committed a prior material breach. The court rejected Unique's arguments, finding that the written agreement was not subject to the statute of frauds as its terms allowed performance within one year and that the jury's implicit finding of no material breach by Onder was reasonable. The appellate court affirmed the trial court's judgment, as modified, which awarded Onder $52,025.11 in lost commissions and additional attorney's fees.

Breach of ContractStatute of FraudsElectronic AgreementIndependent ContractorCommission AgreementJury VerdictLegal SufficiencyFactual SufficiencyContract InterpretationOral Agreement
References
73
Case No. MISSING
Regular Panel Decision

EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist.

The case concerns a dispute between EXLP Leasing, LLC (EXLP) and the Galveston County appraisal district regarding the constitutional validity of a statutory formula for taxing leased natural-gas compressors and the proper taxable situs for this equipment. Galveston County challenged the Texas Tax Code provisions, arguing they undervalued the compressors at a "minute fraction" of their market value, violating constitutional requirements for "equal and uniform" taxation. The Supreme Court of Texas held that the county failed to rebut the strong presumption of constitutionality, clarifying that the legislature is not constitutionally mandated to base property valuation solely on market value. Furthermore, the Court determined that Washington County, where EXLP maintains its inventory and business operations, is the correct taxable situs, establishing a comprehensive statutory scheme that supersedes general situs rules. Consequently, the Supreme Court reversed the court of appeals' judgment and rendered a decision against Galveston County on both issues.

Property TaxTexas Tax CodeConstitutional LawValuation MethodTaxable SitusHeavy EquipmentNatural Gas CompressorsLegislative DiscretionEqual and Uniform TaxationMarket Value
References
60
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. 13-05-055-CV
Regular Panel Decision
May 11, 2006

Scott Cerre v. Odfjell Terminals (Houston) LP

Scott Cerre, an employee of Odfjell Terminals (Houston) LP, was injured on the job and subsequently filed a workers' compensation claim. He was later terminated under Odfjell's absence-control policy after taking a six-month leave of absence. Cerre sued Odfjell, alleging retaliatory discharge and discrimination in violation of chapter 451 of the Texas Labor Code. The trial court granted summary judgment in favor of Odfjell. On appeal, Cerre contended that the trial court erred in granting summary judgment on both his discrimination and retaliatory discharge claims. The Court of Appeals affirmed the trial court's judgment, finding that Odfjell successfully negated elements of the discrimination claim and that Cerre's termination was due to a uniformly enforced absence-control policy, not retaliation.

Retaliatory DischargeDiscrimination ClaimHostile Work EnvironmentSummary Judgment AffirmationTexas Labor Code Chapter 451Absence Control PolicyEmployment TerminationAppellate ReviewCausal ConnectionHarassment
References
18
Case No. 01-17-00316-CV
Regular Panel Decision
Jul 14, 2022

Wes Gilbreath, Jr., Stacey Gilbreath Powell, Elliot Gilbreath, and Mark Ritter SignAd, Ltd., SignAd GP, LLC, Ben Nevis West, Ltd., Culcreuch West, LLC, Big Signs & Leasing 1, Ltd., Big Signs & Leasing 2, Ltd., Big Signs & Leasing 3, Ltd. El Al v. Lisa R. Gilbreath Horan, Individually and as Trustee of the Lisa Gilbreath Horan 2001 Irrevocable Trust

This appellate opinion addresses a dispute within the Gilbreath family business, involving appeals from a trial court's amended final judgment on various claims. The case originated from conflicts after the patriarch's death, leading to allegations of financial mismanagement and an involuntary commitment proceeding against Lisa R. Gilbreath Horan. Appellants challenged judgments on malicious prosecution, defamation, and breach of fiduciary duty. The appellate court partly affirmed, reversed, and remanded the judgment, notably finding that Lisa lacked standing for certain derivative claims, reversing the jury's finding of oppression, and modifying injunctive relief. The case also involves remands for reconsideration of attorney's fees and the issue of judicial expulsion.

Malicious ProsecutionDefamationBreach of Fiduciary DutyBusiness DisputesLimited PartnershipsLimited Liability CompaniesCorporate GovernanceShareholder RightsInvoluntary CommitmentAttorney's Fees
References
138
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