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Case Law Database

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

Case No. W2012-00469-COA-R3-PT
Regular Panel Decision
Sep 17, 2012

In the Matter of: D.C., Jr., G.C., D.C., and H.C.

This case concerns the appeal of D.C., Sr. against the termination of his parental rights to his four children (D.C., Jr., G.C., D.C., and H.C.). The Tennessee Department of Children’s Services (DCS) removed the children due to neglect and abuse. The juvenile court terminated his parental rights on grounds of abandonment (failure to provide a suitable home), substantial noncompliance with the permanency plan, and persistent conditions. The Court of Appeals affirmed the termination, agreeing with the juvenile court on most grounds but reversing the finding on abandonment by failure to support, concluding that even minimal payments were token support and that the father ceased payments upon moving to Texas. The appellate court found overwhelming evidence that termination was in the children's best interest.

Parental Rights TerminationChild NeglectChild AbuseAbandonmentPermanency Plan NoncompliancePersistent ConditionsJuvenile Court AppealChild SupportBest Interest of ChildFoster Care
References
39
Case No. 07-15-00327-CV
Regular Panel Decision
Jun 14, 2015

Herring Bancorp, Inc. C.C. Burgess And C. Campbell Burgess v. John Mikkelsen, Acting Solely in His Capacity as Trustee of the John Mikkelsen Trust

This case concerns a dispute over the redemption of preferred shares and claims of minority shareholder oppression. Appellants, Herring Bancorp, C.C. Burgess, and C. Campbell Burgess, argue that the trial court erred in finding their 2006 and 2013 share redemptions invalid and in ruling that minority oppression is a viable cause of action under Texas law. They contend that Mikkelsen's tort claims should have been dismissed and that all redemptions complied with the Articles of Incorporation, thus Mikkelsen is no longer a shareholder. Appellants seek to reverse the trial court's judgment, including awards for damages and attorney's fees, and request that judgment be rendered in their favor or the case be remanded for a new trial.

Minority Shareholder OppressionStock RedemptionBreach of ContractFiduciary DutySubchapter S CorporationCorporate GovernanceAppellate ProcedureDeclaratory JudgmentAttorney FeesJury Instruction Error
References
51
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. 09-06-566 CV
Regular Panel Decision
Jan 10, 2008

Jerry C. McClelland v. Robert C. Gronwaldt

Jerry C. McClelland and numerous other plaintiffs sued Mobil Oil Corporation and several insurance companies, along with Robert C. Gronwaldt and Glenda Matous. They alleged Mobil fraudulently misrepresented its workers' compensation insurance status through a cash-flow retrospective plan with side agreements, thereby depriving employees of common-law causes of action for work-related injuries. The defendants filed motions for summary judgment, asserting Mobil was a workers' compensation subscriber. The trial court granted summary judgment in favor of the defendants. The Court of Appeals affirmed the trial court's judgment, holding that Mobil's side agreements with insurers did not invalidate its subscriber status under Texas law.

Workers' CompensationSummary JudgmentFraudulent InducementSham Contract DoctrineSubscriber StatusTexas Insurance CodeBreach of ContractCivil ConspiracyCommon Law FraudEmployer Liability
References
5
Case No. No. E2003-01832-COA-R3-PT
Regular Panel Decision
Jun 07, 2004

In Re: C.D.C., Jr.

The case "In re C.D.C., JR." concerns the termination of parental rights of Christopher Dean Collins, Sr. to his son, C.D.C., Jr. The Juvenile Court for Greene County terminated the father's rights based on statutory grounds of willful non-support, non-visitation, and the child's best interests. The father appealed, arguing he was unaware of his son's location. The Court of Appeals of Tennessee at Knoxville affirmed the lower court's decision, citing the father's lack of credibility, failure to maintain contact or provide support despite legal obligations, and general indifference. The court emphasized that the child was thriving in a prospective adoptive foster home, making termination in his best interest, and found clear and convincing evidence of abandonment and parental unfitness.

Termination of Parental RightsChild AbandonmentChild SupportParental UnfitnessBest Interest of ChildAppellate CourtJuvenile LawVisitation RightsDue ProcessCredibility Assessment
References
16
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. 14-17-00012-CV
Regular Panel Decision
Jun 28, 2018

SVT, L.L.C. and Robert C. Orr v. Seaside Village Townhome Association, Inc.

SVT, L.L.C. and Robert C. Orr, Jr. (the Developers) appealed a trial court's judgment regarding cross-motions for summary judgment in favor of Seaside Village Townhome Association, Inc. (the HOA). The dispute centers on the 'Repsdorph Property,' initially designated as a common area in the subdivision's Declaration of Covenants but later removed by the Developers' amendment and re-plat. The HOA sued for trespass to try title and declaratory judgment, asserting the property was conveyed to them and the Developers' amendment was invalid. The Developers counterclaimed for quiet title and declaratory relief, arguing they retained ownership and had the right to amend the Declaration. The Court of Appeals reformed the trial court's order to delete an award of attorney's fees but affirmed the judgment, finding the property was conveyed to the HOA by the Declaration and the Developers no longer had the right to unilaterally amend.

Real Estate LawProperty DisputeHomeowners AssociationDeclaratory JudgmentTrespass to Try TitleSummary JudgmentCovenants, Conditions and RestrictionsSubdivision LawProperty ConveyanceAmendment of Declaration
References
34
Case No. 02-15-00044-CV
Regular Panel Decision
May 12, 2016

in the Interest of M.C. and A.C., Minor Children

In this case, R.C. appealed the trial court's judgment for S.G. regarding past-due child support. The dispute originated from a 1986 divorce decree ordering R.C. to pay child support, which S.G. sought to collect over two decades later. The trial court initially awarded S.G. $139,976.43, but this order was later set aside, and a new trial was granted. Subsequently, the trial court signed a judgment for S.G. in the amount of $146,437.56, plus interest, attorney's fees, and court costs. R.C. challenged the sufficiency of the evidence for the arrearages calculation and the award of attorney's fees, and also requested a payout schedule. The appellate court affirmed the attorney's fees and the decision not to establish a payout schedule, but reversed the amount of child support arrearages, rendering judgment for S.G. in the amount of $104,862.27, which was the amount R.C. had stipulated to.

Child Support ArrearagesFamily LawAppellate ReviewSufficiency of EvidenceInterest CalculationAttorney's FeesDefault JudgmentMotion for New TrialWage AssignmentChild Support Enforcement
References
38
Case No. W2012-00925-COA-R3-CV
Regular Panel Decision
Mar 19, 2013

Hill Boren, P.C. v. Paty, Rymer and Ulin, P.C. and James Eric Hamm

This case involves an attorney’s fee dispute between two law firms and their client. Hill Boren, P.C. and Paty, Rymer & Ulin, P.C. jointly represented James Eric Hamm in a personal injury suit. Hamm later discharged Hill Boren, P.C., and Paty, Rymer & Ulin, P.C. continued the representation, settling the case and retaining the entire contingency fee. Hill Boren, P.C. sued for a share of the fee, alleging breach of contract and misrepresentation, among other claims. The defendants argued that Hill Boren, P.C. was limited to quantum meruit due to termination for cause. The trial court granted summary judgment to the defendants, and the Court of Appeals affirmed, finding that Hamm’s termination of Hill Boren, P.C. was for cause due to a lack of communication, limiting Hill Boren’s recovery to quantum meruit.

Attorney Fee DisputeContingency Fee AgreementQuantum MeruitFELA Railroad CaseClient-Attorney DischargeProfessional MalpracticeSummary Judgment AppealContract BreachFraudulent MisrepresentationIntentional Interference
References
45
Case No. 20-0552
Regular Panel Decision
Jun 17, 2022

S.C. v. M.B., Individually and as Next Friend of I.C.

The Supreme Court of Texas reviewed a case concerning the division of community property not addressed in a final divorce decree. The core issue was whether Family Code Subchapter C, enacted in 1987, replaced the traditional Property Code partition remedy and gave exclusive jurisdiction to the original divorce court. The Court held that Subchapter C provides an additional remedy, allowing for a "just and right" division post-divorce, but does not eliminate the existing partition action or impose exclusive jurisdiction on the original divorce court. This means former spouses can still pursue a Property Code partition, but if either spouse invokes Subchapter C, the "just and right" standard must be applied by any court with jurisdiction. The Court affirmed the lower court's judgment, emphasizing that the legislature did not intend to abolish common-law rights or impose jurisdictional restrictions without clear language.

Post-divorce property divisionCommunity propertyTenants in commonExclusive remedyExclusive jurisdictionStatutory constructionProperty Code partitionFamily CodeJust and right standardFinal divorce decree
References
77
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