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

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

Masterson v. Diocese of Northwest Texas

This Texas Supreme Court opinion addresses a church property dispute involving The Episcopal Church of the Good Shepherd. A majority of the local congregation voted to withdraw from The Episcopal Church of the United States (TEC) and the Episcopal Diocese of Northwest Texas due to doctrinal differences, renaming itself the Anglican Church of the Good Shepherd. The Diocese and loyal faction (Episcopal Leaders) sued to gain control of the property. The Court held that Texas courts must apply 'neutral principles of law' to resolve church property disputes, rather than deferring to hierarchical church decisions on property ownership. The previous summary judgment in favor of the Episcopal Leaders, based on the deference methodology, was reversed. The case was remanded for further proceedings consistent with the neutral principles approach, focusing on corporate bylaws, deeds, and state law regarding property and trusts.

Church Property DisputeNeutral Principles of LawDeference MethodologyFirst AmendmentFreedom of ReligionHierarchical ChurchTexas Supreme CourtCorporate GovernanceNon-Profit CorporationsTrust Law
References
59
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. 03-05-00401-CV
Regular Panel Decision
Mar 31, 2006

Texas Property and Casualty Insurance Guaranty Association, for Paula Insurance Company, an Impaired Insurer v. National American Insurance Company and Clayton Mark Beck

This case involves an appeal from a workers' compensation decision concerning the employment status of two injured workers, Benjamin Brown and Clayton Mark Beck. The dispute centered on whether Jerry Gregory, Inc. or Hunter Trucking was their employer at the time of a trucking accident, which determines liability between National American Insurance Company (NAIC) and Texas Property and Casualty Guaranty Association (TPCIGA). The Workers' Compensation Commission initially found Gregory as the employer, making NAIC liable. However, the district court, after a jury trial under a 'modified de novo' standard, ruled that Hunter was the employer, thus making TPCIGA liable. TPCIGA appealed, arguing the dispute was a 'coverage' issue requiring substantial-evidence review, not modified de novo, and that the district court lacked subject-matter jurisdiction. The appellate court affirmed the district court's judgment, concluding that the dispute was one 'regarding compensability' and thus correctly governed by modified de novo review.

Workers' CompensationEmployer LiabilityInsurance Coverage DisputeModified De Novo ReviewSubstantial Evidence ReviewBorrowed Servant DoctrineJudicial ReviewTexas Court of AppealsTravis CountyTrucking Accident
References
60
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. 04-08-00757-CV
Regular Panel Decision
Jun 24, 2009

Discover Property & Casualty Insurance Company v. Charles Tate

Discover Property & Casualty Insurance Company appealed an award of attorney's fees against it under the Texas Workers' Compensation Act, following a dispute with Charles Tate over supplemental income benefits. Tate, an injured maintenance mechanic, prevailed at both a contested case hearing and an appeals panel before Discover sought judicial review. The trial court awarded Tate attorney's fees post-trial without a jury determination on the 'reasonable and necessary' amount. The appellate court reversed and remanded, holding that Discover was entitled to a jury trial on the attorney's fees issue and that fees incurred solely in pursuit of attorney's fees are not recoverable under the statute.

Workers' CompensationAttorney's FeesJury TrialStatutory InterpretationTexas Labor CodeAppellate ReviewReversed and RemandedFee ShiftingReasonable and Necessary Attorney's FeesWaiver of Jury Trial
References
23
Case No. MISSING
Regular Panel Decision
1991-XX-XX

National Farmers Union Property & Casualty Co. v. Degollado

Cirilo Degollado sustained severe abdominal injuries in a work-related accident in June 1984 while employed by Calvert Concrete Company, whose workers' compensation carrier was National Farmers Union Property and Casualty Company. Despite undergoing multiple surgeries and suffering subsequent complications, including a stroke in April 1985, Degollado's claim for total and permanent incapacity was disputed by National Farmers, who argued the stroke was the sole cause of his disability. A jury found the June 1984 injury to be a producing cause of his total and permanent incapacity, awarding compensation benefits and attorneys' fees. The appellate court affirmed the trial court's judgment, rejecting arguments regarding the sufficiency of evidence and the sole cause of incapacity. The court also upheld the trial court's discretionary apportionment of attorney's fees between Degollado's successive counsels, Michael A. Wash and Eric Moebius.

Workers' CompensationPersonal InjuryTotal IncapacityPermanent IncapacityProducing CauseSole CauseAttorney's FeesFee SplittingAppellate ReviewSufficiency of Evidence
References
18
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
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