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

Case No. 10-14-00189-CV
Regular Panel Decision
Mar 05, 2015

in the Interest of Y.H.T., A.M.T. and R.S.T., Children

Appellant Teisa I. Tupou-Pati challenged the trial court's dismissal of her petition seeking managing conservatorship of her grandchildren, Y.H.T., A.M.T., and R.S.T. The Tenth Court of Appeals affirmed the trial court's judgment, concluding that the appellant lacked standing to file the suit. The court found that the appellant did not satisfy the standing requirements under Texas Family Code § 102.003(a)(9), as the children were not in her custody for the specified period before the petition was filed. Additionally, the appellate court determined that the trial court did not abuse its discretion by denying the appellant's motions for new trial and to reinstate, as the arguments regarding the children's endangerment were not timely asserted in the original petition and the evidence presented in post-judgment affidavits was not newly discovered.

Family LawChild ConservatorshipStandingAppellate ReviewTexas Family CodeDismissalGrandparent RightsSubject-Matter JurisdictionAbuse of DiscretionMotion for New Trial
References
24
Case No. 2-03-261-CV
Regular Panel Decision
Dec 16, 2004

in the Interest of B.T., M.J.R.B., T.B., and M.T., Children

This case involves an appeal by a Father and Mother against the trial court's judgment terminating their parental rights to their four children: B.T., M.J.R.B., T.B., and M.T. Both parents asserted claims of ineffective assistance of counsel and challenged the factual sufficiency of the evidence supporting the termination. Father also argued that the trial court's termination order was void due to alleged procedural failures, specifically regarding the one-year deadline for trial and the fourteen-day adversary hearing requirement. The Court of Appeals for the Second District of Texas, Fort Worth, reviewed these contentions. The court found no merit in the ineffective assistance of counsel claims, determined that the evidence clearly and convincingly supported the endangerment findings and that termination was in the children's best interest, and concluded that the procedural issues raised did not deprive the trial court of jurisdiction. Consequently, the appellate court affirmed the trial court's judgment terminating the parental rights of the Father and Mother.

Parental Rights TerminationIneffective Assistance of CounselChild EndangermentBest Interest of the ChildFactual SufficiencyAppellate ReviewDue ProcessFamily LawTexas Family CodeTemporary Managing Conservator
References
26
Case No. MISSING
Regular Panel Decision

In re Tanya T.

This case concerns an appeal from an Albany County Family Court order which adjudicated four children, Tanya T., Tabitha T., Deion T., and Davonna T., as abused and/or neglected. The petition alleged that their father sexually molested Davonna in Deion’s presence. The Family Court issued orders of supervision and protection, mandating treatment for the father and prohibiting visitation. On appeal, the court affirmed the Family Court’s findings, determining that the children's out-of-court statements were sufficiently corroborated by behavioral changes, expert testimony, and consistent statements. The appellate court also upheld the denial of the father's visitation petition, concluding it was not in the children's best interests due to their fear and the father's history of violence.

Child AbuseChild NeglectSexual MolestationCorroboration of Child StatementsBehavioral ChangesExpert TestimonyDenial of VisitationBest Interests of the ChildFamily Court ActAppellate Review
References
8
Case No. 03-02-00030-CV
Regular Panel Decision
Jun 12, 2003

Qwest Communications International, Inc. Qwest Communications Corporation And SP Construction Services, Inc./ AT&T Corp. AT&T Communications of the Southwest, Inc. CK Directional Drilling v. AT&T Corp. AT&T Communications of the Southwest, Inc./Qwest Communications International Inc. Qwest Communications Corporation SP Construction Services, Inc. C&S Directional Boring Company, Inc. CK Directional Drilling

This case involves an appeal from a judgment awarding economic and exemplary damages to AT&T for fiber-optic cable damage caused by Qwest and its subcontractors, CK Directional Drilling and C&S Directional Boring Company, Inc. The core dispute arose from three instances in 1997 where AT&T's cables were severed during Qwest's fiber-optic network construction. Qwest, CK, and AT&T all appealed the district court's final judgment, challenging various aspects, including malice findings, the validity of a Rule 11 agreement, damage calculations, and vicarious liability. The appellate court affirmed the findings of malice against Qwest and C&S, and Qwest's liability for its subcontractors' actions. However, it reversed the breach-of-contract damages awarded to AT&T due to insufficient evidence and upheld the district court's calculation of exemplary damages and prejudgment interest.

Fiber-optic cable damageTelecommunications infrastructureSubcontractor liabilityExemplary damagesMaliceRule 11 agreementBreach of contractPrejudgment interestAppellate reviewVicarious liability
References
0
Case No. M2008-01174-COA-R3-PT
Regular Panel Decision
Mar 02, 2009

In Re B.D., R.M.T. & V.F.T.

Mother Regina C. and Father Nicholas T. appealed the Juvenile Court's decision to terminate their parental rights to children B.D., R.M.T., and V.F.T. The Court of Appeals affirmed the termination of Father's parental rights, citing his substantial noncompliance with the permanency plan and the children's best interests. For Mother, while the court reversed the grounds of substantial noncompliance and abandonment by failure to visit, it upheld the termination based on abandonment by failure to provide a suitable home and the persistence of conditions, specifically her involvement in domestic violence and current homelessness. The court concluded that terminating both parents' rights was in the children's best interests, affirming the juvenile court's judgment in part and reversing in part.

Parental Rights TerminationJuvenile LawChild AbusePermanency PlanBest Interests of the ChildAbandonmentSubstantial NoncomplianceDomestic ViolenceAppellate ReviewGuardianship
References
24
Case No. 03-13-00790-CV
Regular Panel Decision
Feb 06, 2015

T. Mark Anderson, as Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor of the Estate of Ted Anderson//Cross-Appellants, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. Richard T. Archer, David R. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer//Cross-Appellees, T. Mark Anderson, Co-Executor of the Estate of Ted Anderson, and Christine Anderson, as Co-Executor

This case involves a tortious interference with inheritance lawsuit. Richard T. Archer and family (Appellees/Cross-Appellants) sued T. Mark Anderson and Christine Anderson (Appellants/Cross-Appellees), co-executors of Ted M. Anderson's estate. The Archers alleged that Ted Anderson tortiously interfered with their inheritance from John R. 'Jack' Archer by causing Jack, after a debilitating stroke that left him mentally incapacitated, to sign new estate planning documents that disinherited the Archers in favor of charities. The Archers incurred significant attorney's fees and settlement costs in prior litigation to reinstate Jack's original estate plan, which favored them. A jury found Ted Anderson liable for tortious interference and awarded damages, which the district court modified to include an additional settlement amount with charities. The appellees are now seeking to affirm the liability finding and modify the damage award on cross-appeal.

Tortious Interference with InheritanceEstate Planning DisputeMental IncapacityUndue InfluenceFiduciary Duty BreachGuardianship ProceedingWill ContestAttorney's Fees as DamagesPrejudgment InterestAppellate Review
References
78
Case No. 03-01-00214-CV
Regular Panel Decision
Jun 06, 2002

Hobert T. Douglas, II, Attorney at Law, P.C. And Hobert T. Douglas, II, Individually v. Edward J. Petrus

Appellee Edward J. Petrus sued appellants Hobert T. Douglas, II, Attorney at Law, P.C., and Hobert T. Douglas individually, seeking $47,200 for consulting and expert services provided in a medical malpractice lawsuit. Following a bench trial, the trial court found in favor of Petrus. Douglas appealed, arguing that the trial court erred in overruling his motion for new trial due to inadequate notice of the trial setting and his unpreparedness resulting from mistake. The appellate court found Douglas's amended motion for new trial was untimely and that the record did not support his claim of inadequate notice. Furthermore, the court determined that even if the Craddock test for default judgments applied, Douglas's timely-filed motion failed to establish a meritorious defense with supporting evidence. Consequently, the appellate court affirmed the trial court's judgment.

AppealMotion for New TrialNotice of TrialDue ProcessDefault JudgmentCraddock TestAbuse of DiscretionMeritorious DefenseAttorney UnpreparednessSworn Account
References
14
Case No. 02-18-00299-CV
Regular Panel Decision
May 09, 2019

in the Interest of T.F., T.F., and T.F., Children

Appellant Rita Ford appealed the denial of her motion for new trial, seeking relief from a default order issued against her in favor of appellee Chris Ford regarding conservatorship, child support, medical support, and visitation. Rita failed to appear for a hearing due to an adverse reaction to newly prescribed medications. The appellate court applied the three-part Craddock test, finding Rita provided sufficient, uncontroverted evidence that her failure to appear was not intentional or due to conscious indifference, she had a meritorious defense concerning the children's best interest, and a new hearing would not cause undue delay or prejudice. The court concluded that the trial court abused its discretion by denying Rita's motion for new trial. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Motion for New TrialDefault JudgmentChild ConservatorshipChild Support EnforcementParental VisitationCraddock Test ApplicationAppellate ProcedureFamily Law DisputeJudicial DiscretionMedical Incapacity Defense
References
15
Case No. E2017-02288-COA-R3-CV
Regular Panel Decision
Dec 19, 2018

Shawn T. Slaughter v. Grover T. Mills

Shawn T. Slaughter, an EMT for Hamilton County, was injured in a motor-vehicle collision while working. Hamilton County, operating a self-funded on-the-job injury program, paid benefits for Mr. Slaughter and later attempted to assert a lien against his settlement with a defendant driver. The trial court denied the County's lien, citing no contractual or statutory basis and determining that Mr. Slaughter was not 'made whole' by his settlement, thus precluding subrogation. On appeal, Hamilton County argued against the application of the 'made whole' doctrine and asserted a constitutional right to recovery. The Court of Appeals affirmed the trial court's decision, ruling that the constitutional provision was inapplicable and declining to exempt counties from the 'made whole' doctrine.

Subrogation LawMade Whole DoctrineLien DisputeGovernmental Self-InsuranceWorkers' Compensation ExemptionMotor Vehicle AccidentSettlement RecoveryAppellate ReviewTennessee ConstitutionTrial Court Affirmation
References
3
Case No. MISSING
Regular Panel Decision

Beck v. LAW OFFICES OF EDWIN J. TERRY, JR.

This appeal concerns a lawsuit brought by Gary G. Beck and his companies against his former divorce attorneys for professional negligence, breach of fiduciary duty, DTPA violations, and breach of contract. Beck alleged that the attorneys improperly advised him during his divorce settlement, including corporate assets in the property division, and failed to disclose a conflict of interest and attorney Terry's alleged alcohol/substance abuse. The district court granted summary judgment on the non-negligence claims, deeming them

Professional NegligenceLegal MalpracticeBreach of Fiduciary DutyDTPA ViolationsBreach of ContractAttorney-Client RelationshipConflict of InterestAlcohol AbuseSubstance AbuseDivorce Settlement
References
48
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