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Case Law Database

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

Case No. 12-02-00174-CV
Regular Panel Decision
May 28, 2004

Jayanti Patel v. City of Everman, Tom Killebrew, and Metro Code Analysis, L.L.P.

Jayanti Patel appealed the trial court's summary judgment in favor of the City of Everman and Tom Killebrew d/b/a Metro Code Analysis. Patel had sued the City and Killebrew for an unlawful taking of his properties without just compensation, procedural due process violations, trespass, and conversion, stemming from the demolition of his apartment buildings due to alleged code violations. The appellate court affirmed the summary judgment regarding Patel's consent to the demolition of fifteen properties, his due process claim, and his trespass and conversion claims due to res judicata. However, the court reversed and remanded the summary judgment on Patel's takings claim concerning four specific properties (403 Lee Street, 410 Race Street, 405 King Street, and 403 King Street) where the defense of consent was not applicable and a fact issue existed regarding nuisance.

Property DemolitionInverse CondemnationSummary JudgmentTexas ConstitutionDue Process ClaimTrespass ClaimConversion ClaimRes JudicataNuisance DefenseAppellate Review
References
53
Case No. 04-05-00589-CV
Regular Panel Decision
Nov 23, 2005

the City of San Antonio v. Summerglen Property Owners Association, Inc. Kenneth Carey Joe Cochran William McCrae Karen Pena George Baum And Dan Vana Intervenors, Cheri Franklin Ed Berger Dick Chapman Betty Chapman George Pierce Debra Pierce Randy Gurley

This case involves an interlocutory appeal where the City of San Antonio challenged the standing of a homeowners association and individual property owners to contest the City's proposed annexation of their property. The property owners filed suit seeking declaratory judgment that the annexation was unlawful due to procedural violations of Chapter 43 of the Local Government Code and in violation of House Bill 585. The trial court denied the City's plea to the jurisdiction and granted a temporary injunction. The appellate court held that the property owners lacked standing to challenge the annexation, concluding that claims based on procedural defects must be brought via quo warranto proceedings and that H.B. 585, which prohibited the annexation, was an unconstitutional local law. Consequently, the appellate court reversed the trial court's order and dismissed the property owners' claims.

Annexation LawStandingPlea to the JurisdictionDeclaratory ReliefTemporary InjunctionQuo WarrantoLocal Government CodeConstitutional LawSpecial LawLocal Law
References
25
Case No. 14-08-00493-CV
Regular Panel Decision
Jun 21, 2009

BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District

This appeal concerns a lawsuit where a former property owner initiated judicial review of an ad valorem tax valuation protest by the county appraisal district. A subsequent property purchaser was later included as a plaintiff. The appraisal district challenged the plaintiffs' standing through a plea to the jurisdiction, leading the trial court to dismiss the suit. The appellate court affirmed this dismissal, concluding that neither the initial property owner (BACM 2002 PB2 Westpark Dr. LP) nor the subsequent owner (Houston Parkwest Place Ltd.) possessed the requisite standing to pursue judicial review. Consequently, the trial court was found to lack subject-matter jurisdiction over the dispute.

Property TaxAd Valorem TaxJudicial ReviewStanding DoctrineSubject-Matter JurisdictionPlea to the JurisdictionTexas Tax CodeTexas Rule of Civil Procedure 28Appellate ProcedureProperty Ownership
References
30
Case No. MISSING
Regular Panel Decision

Rowden v. Texas Catastrophe Property Insurance Ass'n

Ruby Rowden, d/b/a The Aloha Motel, filed suit against Texas Catastrophe Property Insurance Association (TCPIA) in Nueces County, Texas, after sustaining property loss during Hurricane Allen and rejecting TCPIA's settlement offer. TCPIA responded with a Plea to the Jurisdiction, arguing that the case should have been filed in Travis County and that Rowden had not exhausted her administrative remedies under the Texas Catastrophe Property Insurance Pool Act, TEX.INS.CODE ANN. art. 21.49. The trial court dismissed the suit without prejudice. Rowden appealed, contending the trial court had jurisdiction and venue in Nueces County, that the statute's language was permissive, and that her due process rights were violated. The appellate court affirmed the trial court's judgment, ruling that the statutory procedure for review in Travis County was mandatory and jurisdictional, and that Rowden had failed to exhaust administrative remedies and provide proper briefing for all points of error.

Insurance LawJurisdictionAdministrative RemediesStatutory InterpretationAppellate ProcedureDue ProcessProperty InsuranceHurricane AllenTexas Insurance CodeExhaustion of Remedies
References
20
Case No. 09-02-018 CV
Regular Panel Decision
Apr 17, 2003

U.S. Restaurant Properties Operating, L.P. and U.S. Restaurant Properties, Inc. v. Motel Enterprises, Inc.

Motel Enterprises, Inc. sued U.S. Restaurant Properties Operating L.P. and U.S. Restaurant Properties, Inc. for breach of a put option in a purchase and sale agreement. Motel exercised its right to have USRP purchase a $500,000 promissory note, but USRP refused, claiming the note's maker, Bar S Restaurants, Inc., was in material default on a lease. A jury found no material default and awarded Motel $550,000. On appeal, USRP challenged the sufficiency of evidence, damages, jury instructions, evidentiary rulings, and prejudgment interest. The appellate court affirmed the liability and damages findings, but reversed and remanded for recalculation of prejudgment interest, also modifying the judgment to require Motel to transfer the note to USRP.

Breach of ContractPut OptionPromissory NoteLease AgreementMaterial DefaultSufficiency of EvidenceDamages CalculationJury InstructionsEvidentiary RulingsPrejudgment Interest
References
20
Case No. 03-15-00314-CV
Regular Panel Decision
Aug 07, 2015

California Insurance Guarantee Association, Oklahoma Property and Casualty Insurance Guaranty Association, and Texas Property and Casualty Insurance Guaranty Association v. Hill Brothers Transportation, Inc.

The appellants, California Insurance Guarantee Association (CIGA), Oklahoma Property and Casualty Insurance Guaranty Association (OPCIGA), and Texas Property and Casualty Insurance Guaranty Association (TPCIGA), collectively "Guaranty Associations," are appealing a summary judgment granted in favor of the appellee, Hill Brothers Transportation, Inc. ("Hill Bros."). The suit was filed on March 31, 2009, alleging Hill Bros. failed to reimburse the Guaranty Associations for payments of workers' compensation benefits and claim handling expenses within the deductible limits of a policy issued by the insolvent Legion Insurance Company ("Legion"). The District Court granted summary judgment to Hill Bros. based on the statute of limitations, ruling that the cause of action accrued on April 1, 2002. The Guaranty Associations argue that the accrual date is incorrect, as their statutory obligations had not been triggered, payments had not been made, and demand for reimbursement had not occurred by that date. They also contend that their compliance with Pennsylvania law (the "Pennsylvania Act") in seeking reimbursement through Legion in Liquidation constitutes a mitigating circumstance for any delay, making reasonableness a fact question. Furthermore, they assert the policy was a continuing contract, and the statute of limitations should not have accrued until full performance on April 28, 2009. Alternatively, they argue that claims for deductible payments made within four years of filing suit (March 31, 2005) are not barred.

Workers' CompensationInsurance Guaranty AssociationStatute of LimitationsBreach of ContractDeductible ReimbursementInsolvencyInsurance PolicyContinuing ContractPennsylvania ActTravis County
References
21
Case No. 2017 NY Slip Op 08027 [155 AD3d 900]
Regular Panel Decision
Nov 15, 2017

Poalacin v. Mall Properties, Inc.

The plaintiff, Nelson Poalacin, was injured when he fell from a defective ladder while working at a retail property undergoing refurbishment. He sued multiple defendants, including the property owners (Mall Properties, Inc., KMO-361 Realty Associates, LLC, The Gap, Inc.), the general contractor (James Hunt Construction), and subcontractors (Weather Champions, Ltd., APCO Insulation Co., Inc.), alleging violations of Labor Law §§ 240 (1), 200, and 241 (6), as well as common-law negligence. The Supreme Court initially denied Poalacin's motion for summary judgment on Labor Law § 240 (1) and later granted the defendants' motions to dismiss the complaint. On appeal, the Appellate Division reversed the Supreme Court's orders, granting Poalacin summary judgment on the Labor Law § 240 (1) claim and denying the defendants' motions to dismiss the other Labor Law claims. The court also made declarations regarding indemnification and insurance coverage between the parties, finding Harleysville Insurance's policy was excess to Netherlands Insurance Company's policy, and remitted the matter for judgment entry.

Labor LawConstruction AccidentWorkplace SafetyLadder FallSummary JudgmentIndemnificationInsurance DisputesAdditional InsuredCommon-Law NegligenceThird-Party Action
References
37
Case No. 04-08-00105-CV
Regular Panel Decision
Nov 19, 2008

Killam Ranch Properties, Ltd. v. Webb County, Texas

Killam Ranch Properties, Ltd. appealed a trial court order awarding attorney's fees to Webb County, Texas. The dispute arose after Killam Ranch filed a nonsuit in its declaratory judgment action against the County, leading the County to seek attorney's fees under the Texas Civil Practice and Remedies Code. Killam Ranch contested the award, arguing the County had abandoned its claim through discovery failures and lacked proper pleading for fees. The appellate court addressed these issues, affirming the trial court's decision. It ruled that the County's claim for attorney's fees survived the nonsuit, its discovery disclosures were timely due to a trial reset, and its general request for fees was sufficient.

Declaratory JudgmentAttorney's FeesNonsuitDiscovery DisputesTexas Civil ProcedureAppellate ReviewTrial Court DiscretionAffirmative ReliefStatutory InterpretationCivil Practice and Remedies Code
References
16
Case No. 03-07-00240-CV
Regular Panel Decision
Mar 28, 2008

Myrad Properties, Inc. v. Lasalle Bank National Ass'n

Myrad Properties, Inc. appealed a summary judgment concerning the non-judicial foreclosure of two apartment complexes, La Casa and Casa Grande, secured by a single note. The central dispute involved an error in the foreclosure notice that only described one property. The court determined that despite the inconsistency, references to the Deed of Trust provided sufficient notice for both properties. The lower court's judgment, affirming the conveyance of both properties and the validity of the correction deed, was largely upheld. However, the appellate court reversed and remanded the claim for a surplus due to Myrad, citing unresolved fact issues regarding the calculation of Myrad's outstanding debt.

ForeclosureNon-judicial foreclosureDeed of TrustProperty description errorSummary judgmentReal propertyApartment complexesSubstitute trusteeNotice of saleCorrection deed
References
29
Case No. MISSING
Regular Panel Decision

Texas Property & Casualty Insurance Guaranty Ass'n v. Johnson

Christopher P. Johnson, having sustained personal injuries in the course of his employment, secured a judgment against his employer's workers-compensation carrier, Rockwood Insurance Company, for over $63,000 and future medical expenses. After Rockwood was designated an "impaired insurer," Johnson filed a claim, which went unpaid. He then sued the Texas Property and Casualty Insurance Guaranty Association (the Association) to recover the judgment, which was a "covered claim." The trial court granted summary judgment in Johnson's favor. On appeal, the Association contended that Insurance Code Article 21.28-C, section 8(d) allowed it to contest all pre-receivership judgments. The appellate court affirmed the trial court's judgment, ruling that section 8(d) only permits the Association to contest specific types of judgments (default, consent, or agreed) or other judgments on established legal and equitable grounds, not to relitigate the underlying facts and law.

Workers' CompensationInsurance Guaranty AssociationImpaired InsurerSummary JudgmentStatutory InterpretationPre-Receivership JudgmentDefault JudgmentConsent JudgmentAgreed JudgmentAppellate Review
References
16
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