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

Case No. 06-10-00082-CV
Regular Panel Decision
Aug 16, 2011

Gloria Lopez-Juarez, Individually and as of the Estate of Alejandro Juarez, and as Next Friend of Gloria Alejandra Juarez v. Huey Kelly, D/B/A Kelly Tours

Alejandro Juarez died following a multi-vehicle accident in Gregg County, Texas, involving a rear-end collision and a subsequent impact with a tour bus. His wife, Gloria Lopez-Juarez, sued Huey Kelly, d/b/a Kelly Tours, for negligence under the Texas Wrongful Death and Survival Statutes. Lopez-Juarez appealed the trial court's admission of Trooper Colby Hobbs' expert testimony and the denial of a negligence per se instruction. The appellate court affirmed the judgment, finding the admission of Hobbs' testimony, though erroneous due to his lack of qualifications, was harmless as it was cumulative. It also upheld the denial of the negligence per se instruction, concluding there was insufficient evidence of proximate cause between the statutory violation and the accident.

NegligenceAccident ReconstructionExpert WitnessAppellate ReviewHarmless ErrorProximate CauseMedical CertificateCommercial Motor VehicleWrongful DeathSurvival Statute
References
102
Case No. 03-25-00215-CV
Regular Panel Decision
Sep 04, 2025

Law Offices of Miller & Bicklein, PC and Daniel Miramontes v. Ace American Insurance Company

This case concerns an appeal regarding attorney's fees in a Texas workers' compensation matter involving supplemental income benefits. Appellants, Law Offices of Miller & Bicklein, PC and Daniel Miramontes, sought to shift the responsibility for attorney's fees to Ace American Insurance Company, rather than having them paid from Miramontes's benefits. The core issue stemmed from a prior district court judgment in December 2022 that awarded fees but explicitly stated they would not be taxed against the insurer. Both the Division of Workers' Compensation and a subsequent district court on appeal determined they lacked jurisdiction to alter this final judgment. The Texas Court of Appeals, Third District, affirmed the lower court's decision, emphasizing that the December 2022 judgment became final because it was not appealed.

Attorney's FeesWorkers' CompensationSupplemental Income BenefitsJurisdictionFinal JudgmentAppellate ReviewAdministrative RemediesTexas Labor CodeInsurance LiabilityJudicial Precedent
References
10
Case No. 14-07-00621-CV
Regular Panel Decision
Jan 08, 2009

Gloria Celeste Loving v. City of Houston

Gloria Celeste Loving appealed the trial court's summary judgment in her mandamus suit against the City of Houston, seeking disclosure of public information. The City refused, citing that the information involved juvenile law-enforcement records and was confidential under Texas Family Code section 58.007(c). Loving argued the juvenile, Michael Torres, was tried as an adult, which should allow disclosure. The appellate court affirmed the summary judgment, ruling that section 58.007(c) maintains confidentiality for juvenile records, even if the individual was later tried as an adult, as an earlier exception for such cases was intentionally removed from the statute. The court found the information confidential and thus the City had no duty to disclose it.

Public Information ActMandamus ActionConfidentiality of RecordsJuvenile LawFamily CodeGovernment CodeSummary JudgmentAppellate AffirmationLaw Enforcement RecordsTexas Courts
References
21
Case No. 03-11-00596-CV
Regular Panel Decision
Dec 21, 2012

the University of Texas System v. Gloria G. Ochoa

Gloria Ochoa, an employee of The University of Texas System, was injured and sought disability benefits. An administrative hearing officer concluded she was disabled. The University sought judicial review but later non-suited its claims. Ochoa moved for attorney's fees, but the University filed a plea to the jurisdiction, asserting sovereign immunity. The district court denied the plea. Citing the precedent set in Manbeck v. Austin Indep. Sch. Dist., the appellate court reversed the district court's order, holding that the University, as a state agency, is immune from claims for attorney's fees under the Texas Workers' Compensation Act. The court rendered judgment dismissing Ochoa's claims for lack of subject-matter jurisdiction.

Workers' CompensationSovereign ImmunityGovernmental ImmunityAttorney's FeesJudicial ReviewPlea to JurisdictionTexas LawState AgencySelf-InsuredAppellate Procedure
References
9
Case No. 04-14-00509-CV
Regular Panel Decision
Apr 30, 2015

Gloria Ochoa v. Nail Flower Beauty Salon

On August 9, 2011, Gloria E. Ochoa sustained a severe staph infection to her left thumb after a manicure at Nail Flower Beauty Salon, leading to chronic pain, loss of use, and disfigurement. A summary judgment was issued against Ochoa on June 19, 2014, due to her failure to file a timely legal response. Ochoa, acting pro se, argues there was "Good Cause" for her delayed response, citing ongoing medical care, severe injuries, and difficulty securing legal representation. She asserts the trial court erred by not allowing her to present reasons for the late response and emphasizes the defendant's negligence in sterilizing equipment. Ochoa appeals the summary judgment, seeking its reversal and a new trial.

Personal InjuryNegligenceStaph InfectionNail SalonBeauty SalonSummary JudgmentAppealPro SeMedical MalpracticeBexar County
References
4
Case No. 13-09-00458-CV
Regular Panel Decision
Jan 28, 2010

Mission Consolidated School District v. Gloria Garcia

This is an accelerated interlocutory appeal concerning the denial of a plea to the jurisdiction filed by Mission Consolidated Independent School District against Gloria Garcia. Garcia, a former employee, alleged violations of the Texas Commission on Human Rights Act (TCHRA) due to discrimination based on race, national origin, gender, and age, as well as retaliation after her termination. The District challenged the trial court's jurisdiction, arguing insufficient jurisdictional facts, untimely filing under TCHRA, and that it was not an 'employer' as defined by the Act. The Court of Appeals affirmed the trial court's decision, finding Garcia's pleadings sufficient, clarifying that the 60-day filing period is a limitation, not a jurisdictional bar, and upholding the Texas Supreme Court's precedent that TCHRA waives sovereign immunity for school districts.

Employment DiscriminationTexas Commission on Human Rights ActPlea to JurisdictionSovereign ImmunitySubject-Matter JurisdictionRetaliationWrongful DischargeAppellate ReviewStatutory InterpretationState Law
References
43
Case No. E2018-00508-COA-R3-CV
Regular Panel Decision
Feb 12, 2019

Gloria Andrews v. Norfolk Southern Railway Company

This appeal stems from a wrongful death suit filed by Gloria Andrews against Norfolk Southern Railway Company, alleging her husband, Raymond Andrews, contracted lung cancer from asbestos exposure during his employment. The Circuit Court for Knox County granted summary judgment to Norfolk Southern, excluding expert testimony on causation and lay testimony regarding asbestos presence due to lack of admissible evidence. The Court of Appeals of Tennessee at Knoxville affirmed this decision, holding that the plaintiff failed to establish a genuine issue of material fact regarding the decedent's exposure to asbestos in the workplace beyond background levels, an essential element for a Federal Employers' Liability Act claim.

FELAAsbestos ExposureLung CancerSummary JudgmentEvidentiary RulingsExpert TestimonyLay TestimonyCausationRailroad WorkersOccupational Disease
References
13
Case No. 13-14-00727-CV
Regular Panel Decision
Feb 27, 2015

Gloria Garcia v. Genesis Crude Oil L.P.

This case concerns the interpretation of Texas Natural Resources Code § 91.406, which provides for attorney's fees and a minimum award when a suit is filed to collect unpaid oil and gas proceeds and interest. Appellant Gloria Garcia contended that these remedies are mandatory even if late payments are tendered before trial, serving as an additional incentive for timely payment beyond statutory interest under § 91.403. Appellee Genesis Crude Oil, L.P. argued that the cause of action for nonpayment is extinguished once the proceeds and accrued interest are paid, thus nullifying the additional penalties. The trial court sided with Genesis, granting summary judgment and ruling that Garcia take nothing on her claims for the minimum award and attorney's fees. Garcia appealed, asserting the trial court erred by disregarding the legislative intent to provide these additional remedies to royalty owners forced to litigate.

Oil and Gas LawRoyalty PaymentsStatutory InterpretationTexas Natural Resources CodeAttorney's FeesMinimum AwardSummary JudgmentAppellate PracticeLegislative HistoryUnpaid Proceeds
References
78
Case No. 05-12-00893-CV
Regular Panel Decision
Aug 29, 2014

Texas Mutual Insurance Company & Gloria Williams v. Palmer, Jeff

Jeff Palmer, an employee of Barsh Company, suffered a back injury, leading to a workers’ compensation claim with Texas Mutual Insurance Company (TMIC), adjusted by Gloria Williams. A dispute arose regarding the extent of his injury, causing delays in a pre-authorized surgery. Palmer sued TMIC and Williams for bad faith, alleging violations of common law, the insurance code, and the DTPA. The trial court submitted insurance code claims to the jury despite objections from TMIC, leading to a verdict for Palmer. The Court of Appeals reversed this judgment, ruling that the insurance code claims were not properly pleaded or tried by consent, thus nullifying the damages awarded to Palmer.

Workers' Compensation InsuranceInsurance Bad FaithTexas Insurance Code Section 541.061Deceptive Trade Practices Act (DTPA)Jury Charge ErrorPleadings RequirementTrial by ConsentAbuse of DiscretionAppellate ReversalDamages Voided
References
5
Case No. M2002-02208-COA-R3-CV
Regular Panel Decision
Mar 18, 2004

In Re: UpperCumberland Development District, Conservator for Alvie Puckett, Gloria Evins v. Helen Puckett

Administrator Ad Litem Gloria Jean Evins appealed the trial court's decision regarding the competency and alleged undue influence over Alvie Puckett when he executed a deed of real property to his daughter, Helen Puckett. Alvie Puckett sustained a severe head injury in 1989 and later developed dementia. The estate sought to invalidate the deed, arguing he was incompetent and unduly influenced at the time of execution. The trial court found Alvie Puckett competent and not unduly influenced. The Court of Appeals affirmed the trial court's findings, noting the lack of contemporary medical evaluations directly addressing Alvie Puckett's mental state at the time of the transaction. The court also found no evidence to establish a confidential relationship or direct undue influence by Helen Puckett.

CompetencyUndue InfluenceDeed ValidityProperty ConveyanceMental CapacityDementiaSkull FractureFiduciary RelationshipAppellate ReviewStandard of Review
References
8
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