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

Case No. No. E2015-01053-COA-R3-CV
Regular Panel Decision
Jun 19, 2015

Beacon4, LLC v. I & L Investments, LLC

This case involves a contract dispute between Beacon4, LLC, a contractor, and I & L Investments, LLC, an owner, over the construction of a retail store in Blountville, Tennessee. Beacon4 sued I & L for violating the Prompt Pay Act and breaching the site contract, seeking to enforce a mechanics' and materialmen's lien for unpaid retainage and disputed change orders. I & L counterclaimed, alleging Beacon4 violated the Tennessee Contractor’s Licensing Act by circumventing its monetary limit and willfully exaggerating its lien claim. The trial court sided with Beacon4, awarding damages, interest, and attorney's fees due to I & L's bad faith. The appellate court affirmed the trial court's findings in most respects, corrected a typographical error in the interest award, and remanded for a determination of Beacon4's appellate attorney's fees.

Contract DisputeConstruction LawPrompt Pay ActContractor LicensingMechanics' LienRetainage DisputeChange OrdersBad FaithAttorney's FeesAppellate Review
References
78
Case No. 05-19-00159-CV
Regular Panel Decision
Oct 09, 2020

KBIDC Investments, LLC v. ZURU Toys Inc., ZURU Inc., and ZURU Ltd., Tinnus Enterprises, LLC and Josh Malone

This case involves a dispute between two inventors of systems for filling and sealing recreational water balloons. KBIDC Investments, LLC (appellant) claims its predecessor in interest, Kendall Harter, was the original inventor and that Josh Malone and Tinnus Enterprises, LLC (appellees) misappropriated Harter’s trade secrets to create 'Bunch O’ Balloons.' Zuru Inc., Zuru Ltd., and Zuru Toys Inc. allegedly manufactured and distributed the product. The trial court granted summary judgment, ruling that KBIDC take nothing on its claims. On appeal, KBIDC contended the trial court lacked jurisdiction, erred in granting summary judgment, and erred in awarding attorney's fees. The Court of Appeals largely affirmed the summary judgment, finding no evidence of misappropriation by Malone or Zuru Inc./Zuru Ltd. However, the court reversed the judgment against Zuru Toys Inc., as it did not move for summary judgment, and reversed the award of appellate attorney's fees to Malone and Tinnus due to insufficient evidence. The case is remanded for further proceedings.

Trade SecretsMisappropriationSummary JudgmentAttorney's FeesAppellate ProcedureWater BalloonsPatent LawTexas Theft Liability ActCivil ProcedureDiscovery
References
54
Case No. 14-19-00161-CV
Regular Panel Decision
May 09, 2019

in Re TAH Investments, LLC

This case involves a petition for writ of mandamus filed by TAH Investments, LLC (Relator) against the presiding judge of the 269th District Court of Harris County, seeking to vacate an order denying reconsideration of sanctions. The sanctions struck TAH’s workers’ compensation defense in an underlying lawsuit where M.M. (Plaintiff) alleged sexual assault. TAH argued that the plaintiff was a borrowed servant and that workers' compensation laws provided an exclusive remedy. The appellate court determined that striking an affirmative defense constituted a 'death-penalty sanction' and required a presumption that the defense lacked merit, which was not supported by the record and contradicted by the Plaintiff's own admissions. Consequently, the court found the trial judge abused his discretion by denying reconsideration and conditionally granted the writ of mandamus.

MandamusSanctionsDiscovery AbuseWorkers' Compensation DefenseExclusive RemedyBorrowed-Servant DoctrineAbuse of DiscretionDeath-Penalty SanctionsPresumption of MeritAppellate Review
References
13
Case No. 04-24-00606-CV
Regular Panel Decision
Dec 17, 2025

Michael Shalit D/B/A Kimberly Investment Company, Lynzara-Austin Real Estate Management, LLC, as General Partner of Kendall County Development Company, L.P., and as General Partner of Tapatio Springs Real Estate Holdings, L.P., Robyn Real Estate Investments, L.P., Robyn Utility Investments, L.P., and Robyn Utility Investments Management, LLC v. Tapatio Springs Real Estate Holdings, L.P., Kendall County Development Company, L.P., Kendall County Utility Company, Inc., Tapatio Springs Utility Holdings, L.P., and Tapatio Springs Hospitality Holdings, L.P.

This memorandum opinion addresses an appeal from a summary judgment granted by the 451st Judicial District Court, Kendall County, Texas. Appellants, collectively known as the Shalit Entities, appealed a summary judgment in favor of Appellees, the Tapatio Entities, which barred the Shalit Entities' counter-claims due to the four-year statute of limitations. The Shalit Entities' claims, including fraud, breach of contract, and promissory estoppel, arose from a soured business partnership. The appellate court affirmed the trial court's decision, finding that the Shalit Entities failed to sufficiently plead acknowledgment of debt to defeat the limitations defense. Furthermore, the court rejected arguments that special exceptions were a prerequisite to summary judgment on limitations grounds and affirmed the severance of claims.

Statute of LimitationsSummary JudgmentBreach of Fiduciary DutyBreach of ContractStatutory FraudDeclaratory ReliefBusiness Partnership DisputeReal Estate VentureAppellate ReviewTexas Court of Appeals
References
23
Case No. 09-18-00463-CV
Regular Panel Decision
Jan 16, 2020

Samson Exploration, LLC v. T. W. Moak and Moak Mortgage and Investment Co.

This Texas Court of Appeals case involves an oil and gas dispute between Samson Exploration, LLC and T.W. Moak, along with Moak Mortgage and Investment Co., concerning mineral interests in a pooled unit. Samson appealed a trial court's judgment awarding Moak equitable damages, arguing Moak lacked a valid interest after leases were terminated by foreclosure. Moak cross-appealed, asserting a working interest and entitlement to an accounting. The appellate court affirmed summary judgment for Samson and Bold Minerals II, LLC on Moak’s accounting claim, reversed the equitable damages award against Samson, and ruled that Moak take nothing from Samson. The court also affirmed the judgment that Moak take nothing from Bold.

Oil & Gas LawMineral InterestsPooled UnitsLease TerminationForeclosure EffectsEquitable ReliefAccounting ClaimsTexas Court of AppealsSummary Judgment ReviewAppellate Procedure
References
20
Case No. 2020 NY Slip Op 00383
Regular Panel Decision
Jan 21, 2020

U-Trend N.Y. Inv. L.P. v. US Suite LLC

This case involves an appeal concerning a judgment awarding mortgage damages to U-Trend New York Investment L.P. against US Suite LLC and Aura Investments Ltd. The Appellate Division, First Department, modified the Supreme Court's judgment by reducing the principal amount of mortgage damages awarded to U-Trend, stating that interest should be calculated at 13.5% instead of 20%. The court affirmed the judgment in other respects, including the limitation of Aura's liability for looting damages and the denial of sale damages and attorneys' fees. An appeal from a separate order denying Aura's motion to correct or vacate the judgment was dismissed as academic. The court addressed various arguments from Aura regarding liability, causation, and damages calculations, ultimately upholding liability for breach of contract but adjusting the damages amount based on the proper interest rate.

Mortgage DamagesBreach of ContractFiduciary DutyLooting DamagesInterest Rate CalculationAppellate ReviewBusiness Judgment RuleJudicial AdmissionsDerivative ClaimsAttorneys' Fees
References
20
Case No. 02-09-00025-CV
Regular Panel Decision
Sep 22, 2011

Metro A, LLC, Sun Holdings, LLC, POP Restaurants, LLC, Golden Restaurants, Inc., Firebrand Properties, LP, Corral Group, LP, Kansas Corral, LLC, Sunny Corral Management, LLC, Guillermo Perales, Frys Management, LLC v. Jessica Polley

This is an appeal from a default judgment against Appellants (Metro A, LLC, Sun Holdings, LLC, and others) and in favor of Appellee Jessica Polley. Polley had previously sued Metro Restaurants, LLC for sexual assault by an employee. In a later lawsuit, Polley sued the Appellants, alleging they were jointly and severally liable for Metro Restaurants' negligence and engaged in fraudulent transfers to prevent her from collecting a 2007 judgment against Metro Restaurants. Appellants appeal the default judgment on several grounds, including improper service, insufficient pleading, lack of evidence, and lack of notice for the default proceeding. They also challenge the denial of their motion for new trial, citing a calendaring mistake and a belief that a bankruptcy stay applied. The court of appeals affirmed the trial court's judgment, finding Appellants judicially admitted proper service, Polley's pleading was sufficient, and Appellants' excuses for not filing an answer were not credible.

Default judgmentAppealService of processMeritorious defenseCraddock factorsJudicial admissionNegligenceJoint and several liabilityBankruptcy stayCalendaring error
References
30
Case No. 03-19-00430-CV
Regular Panel Decision
Sep 30, 2020

Gerald McMillan v. Little City Investments, LLC

Gerald McMillan appealed from a summary judgment in favor of Little City Investments, LLC. McMillan had a history of filing multiple lawsuits and notices of lis pendens against Little City concerning a foreclosed property. The district court granted summary judgment, expunged the fifth notice of lis pendens, found it to be a fraudulent lien, and issued an anti-suit injunction. The Court of Appeals affirmed the summary judgment and the anti-suit injunction, concluding that McMillan failed to provide evidence of a defect in the foreclosure sale proceedings. However, the appellate court reversed the finding of a fraudulent lien, stating that Little City did not prove McMillan's knowledge that the fifth notice of lis pendens was fraudulent.

Summary JudgmentLis PendensFraudulent LienAnti-Suit InjunctionWrongful ForeclosureChilled BiddingAbuse of DiscretionAppellate ReviewStandingProperty Code
References
45
Case No. 05-20-00936-CV
Regular Panel Decision
May 25, 2022

Diana Convenience, LLC, HQ Food, Inc., Hajar Convenience, LLC, Shark Phones, LLC, and AMK Convenience, LLC v. Dollar ATM, LLC

The Fifth District Court of Appeals of Texas at Dallas affirmed in part and vacated in part the judgment from Collin County. Appellants, Diana Convenience, LLC, et al., appealed a judgment awarding damages to Dollar ATM, LLC for breach of contract, specifically challenging pre-trial orders imposing discovery sanctions. The appellate court affirmed the trial court's "death penalty sanctions" against the appellants, finding that their repeated failure to comply with discovery requests and resistance to providing material evidence justified the severe sanctions, establishing that the signatories had authority and prohibiting them from contesting ATM revenue. However, the court vacated a prior award of $1,050 in attorney's fees, ruling it was not supported by legally sufficient evidence of reasonableness.

Discovery SanctionsBreach of ContractAttorney's FeesAppellate ReviewAbuse of DiscretionDue ProcessTexas Civil ProcedureMemorandum OpinionDeath Penalty SanctionsMotion to Compel
References
15
Case No. 13-06-575-CV
Regular Panel Decision
Apr 10, 2008

Pokorne Private Capital Group, LLC v. 21st Mortgage Corp. & Nella Investments, Inc.

This case involves an appeal from an order granting no-evidence motions for summary judgment in favor of 21st Mortgage Corporation and Nella Investments, Inc., and denying a cross-motion by Pokorne Private Capital Group, LLC. The dispute centers on the priority of conflicting security interests in a manufactured home located in Williamson County. Pokorne argued that its purchase-money security interest had priority once the home was declared real property. However, the Court of Appeals affirmed the trial court's judgment, concluding that 21st Mortgage had a perfected security interest in the home, which was recorded chronologically before Pokorne's, and that Sedona's real property election filing was defective. The court also found that 21st Mortgage was entitled to self-help repossession as the senior lienholder.

manufactured homessecurity interestsinventory lienpurchase-money security interestsummary judgmentTexas lawreal propertypersonal propertyrepossessionUCC
References
27
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