CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. MISSING
Regular Panel Decision

In re Frank F.

The mother appealed an order of disposition from the Family Court, Queens County, dated November 14, 2003, which, upon a fact-finding order, found her to have abused and neglected her child and released the child to the father. The appellate court affirmed the order, ruling that the child's out-of-court statements of abuse and neglect were sufficiently corroborated by a social worker's personal observations of the child’s injuries and the child's medical records. The court found no reason to disturb the Family Court's determination of factual issues and issues of credibility, stating that a preponderance of the evidence established the child was abused and neglected by the mother.

child protective serviceschild abusechild neglectcorroborationout-of-court statementsmedical recordssocial worker observationsFamily Court ActappealQueens County
References
9
Case No. 02-13-00052-CV
Regular Panel Decision
Dec 19, 2013

in the Interest of P.J., Jr., a Child

Mother appeals the trial court’s denial of her motion for new trial in a suit affecting the parent-child relationship (SAPCR) regarding her son, P.J. Jr. Father filed the SAPCR petition after Mother and Father separated, alleging family violence and requesting supervised visitation, child support, and injunctive relief. Mother defaulted by not filing an answer or appearing at the initial hearing. The trial court granted Father immediate possession of Junior and ordered supervised visitation for Mother and child support. Mother's motion for new trial was denied because she failed to show that her failure to answer was not intentional or consciously indifferent and did not set up a meritorious defense. The appellate court also addressed Mother’s arguments regarding Father's standing to establish paternity and the scope of relief granted, ultimately affirming the trial court's judgment.

Family LawChild CustodyParental RightsDefault JudgmentMotion for New TrialPaternityDue ProcessAppellate ReviewFamily ViolenceSupervised Visitation
References
29
Case No. 07-24-00362-CV
Regular Panel Decision
Jan 06, 2026

Yeimi Fernandez, as Mother and Guardian of J.J.M., a Minor Child v. Heartland Co-Op, Corp.

The case involves an appeal by Yeimi Fernandez, mother and guardian of J.J.M., a minor child, against Heartland Co-op, Corp. Fernandez sued Heartland for gross negligence and wrongful death following the on-the-job death of Michael Molden in a grain bin accident. The trial court granted Heartland's no-evidence summary judgment motion and denied Fernandez's subsequent motion for a new trial. The Court of Appeals affirmed the trial court's judgment, finding no error in granting summary judgment due to the lack of evidence supporting gross negligence on Heartland's part, specifically noting Molden's failure to adhere to safety policies. The denial of the motion for new trial was also upheld because Fernandez did not challenge the exclusion of the newly discovered evidence.

Summary JudgmentWrongful DeathGross NegligenceGrain Bin AccidentEmployer LiabilityWorkers' Compensation ActNo-Evidence MotionAppellate ReviewSafety PoliciesEmployee Misconduct
References
13
Case No. 14-14-00968-CV
Regular Panel Decision
Apr 26, 2016

in the Interest of J.O.A., a Child

This case involves an appeal by the mother (A.S.A.) concerning a Suit Affecting the Parent-Child Relationship (SAPCR) order from the 257th District Court of Harris County, Texas. The order modified conservatorship and child support in favor of the father (A.A.) of J.O.A., a child. The mother contended the trial court erred by awarding custody to the father, denying her motions for new trial and continuance, and that the evidence was insufficient. The Fourteenth Court of Appeals affirmed the trial court's judgment. While the conservatorship issue was deemed moot as J.O.A. had turned 18, the appellate court found a live controversy remained regarding financial obligations. The court concluded that the trial court did not abuse its discretion in denying the mother's motion for new trial, citing her counsel's conscious indifference to the trial setting, and her oral motion for continuance was properly denied for lack of verification. The awards for child support and attorney's fees to the father were also upheld.

Child Support ModificationConservatorship DisputesAppealsDenial of New TrialDenial of ContinuanceParental AlienationBest Interest of ChildTexas Family CodeAttorney's Fees AwardMootness Doctrine
References
31
Case No. 04-24-00436-CV
Regular Panel Decision
Dec 23, 2024

In the Interest of J.A.T., a Child v. the State of Texas

This is an accelerated appeal from an order terminating the parental rights of J.G. (Mother) to her child, J.A.T. Mother challenged the sufficiency of the evidence for the best interest finding. The Texas Department of Family and Protective Services initiated the termination petition due to concerns of child neglect and Mother's substance abuse. The trial court terminated parental rights based on statutory grounds including constructive abandonment, non-compliance with court orders, and endangering the child through substance abuse. Mother repeatedly tested positive for various illegal substances and did not complete court-ordered drug recovery or mental health services. J.A.T., diagnosed with autism, showed behavioral issues that improved during placement with maternal grandparents. The appellate court affirmed the trial court's decision, finding the evidence legally and factually sufficient to support the finding that termination was in J.A.T.'s best interest, citing Mother's ongoing substance abuse and failure to address her issues.

Parental Rights TerminationChild CustodyBest Interest of ChildSufficiency of EvidenceAccelerated AppealSubstance AbuseDrug TestingMental HealthAutism Spectrum DisorderFamily Code
References
27
Case No. 02-15-00176-CV
Regular Panel Decision
Nov 19, 2015

in the Interest of A.P., a Child

This is an appeal from a trial court's order terminating the parental rights of Mother and Father to their child, Timmy (A.P.). Mother and Father challenged the termination, arguing issues of involuntary relinquishment, ineffective assistance of counsel, and that termination was not in the child's best interest. The Department of Family and Protective Services presented evidence of parental drug use, criminal history, mental health issues, and an unstable home environment, leading to the child's removal multiple times. Both parents eventually signed affidavits of voluntary relinquishment of parental rights, which they later attempted to revoke, claiming duress or ineffective assistance. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in denying new trials and that the signed relinquishment affidavits were sufficient to support the best interest finding for the child.

Parental Rights TerminationChild CustodyAffidavit of RelinquishmentIneffective Assistance of CounselDuressChild Best InterestDrug UseCriminal HistoryMental HealthAppellate Review
References
31
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. 01-22-00964-CV
Regular Panel Decision
Jun 08, 2023

In the Interest of S.C.M., a Child v. Department of Family and Protective Services

B.C. (Father) appeals the trial court's judgment terminating his parental rights to his child, S.C.M. (Sarah). Father challenged the legal and factual sufficiency of the evidence supporting the predicate acts of endangering environment and conduct, as well as the finding that termination was in the child's best interest. The record shows Father had a felony aggravated robbery conviction and violated his community supervision by using illegal drugs and failing to report, leading to an eight-year prison sentence. Both parents had unstable housing and were involved in domestic violence. Father failed to comply with his court-ordered service plan, including requirements for stable housing, employment, drug testing, and visits. S.C.M. had been in foster care for over a year and was securely bonded to her foster mother. The appellate court affirmed the termination, finding sufficient evidence for the predicate acts of endangerment, constructive abandonment, and failure to complete the service plan, and that termination was in S.C.M.'s best interest.

Parental Rights TerminationChild EndangermentDomestic ViolenceParental IncarcerationFelony ConvictionProbation ViolationDrug AbuseUnstable Living ConditionsService Plan Non-ComplianceConstructive Abandonment
References
41
Case No. NO. 14-19-00986-CV
Regular Panel Decision
Mar 11, 2021

in the Interest of A.V.T.R., a Child

Andrew Rose (Father) appealed a trial court's order in a suit affecting the parent-child relationship concerning A.V.T.R., his child with Joann Taylor (Mother). Father sought to modify an existing mediated settlement agreement, alleging a material and substantial change in circumstances due to Mother's accusations of child neglect and sexual abuse. The trial court denied Father's motion to modify and ordered him to pay outstanding amicus attorney's fees. On appeal, Father challenged the exclusion of evidence during his motion for new trial hearing, the denial of his new trial motion, and the assessment of amicus attorney's fees. The Fourteenth Court of Appeals affirmed the trial court's judgment, finding no abuse of discretion.

Child CustodyParental RightsModification of ConservatorshipChild Neglect AllegationsSexual Abuse AllegationsAmicus Attorney FeesMotion for New TrialExclusion of EvidenceAppellate ReviewAbuse of Discretion
References
40
Showing 1-10 of 2,073 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational