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

Case No. 04-14-00609-CV
Regular Panel Decision

Irma Lemus and Manuel Lemus v. John Rene Aguilar, Johnny B. Wells, Laura Ashley Wells, and Johnny Montoya Garza

This case involves an appeal concerning the ownership of a property at 106 Cameo in San Antonio, Texas. The primary dispute revolves around two competing deeds: an informal "will" signed in 2005 by Elvira Aguilar and Johnny Montoya Garza, intended to convey the property to Elvira's grandchildren (John Rene Aguilar, Laura Ashley Wells, and Johnny B. Wells), and a formal warranty deed signed in 2009 by Elvira Aguilar to Irma Lemus and Manuel Lemus, Jr. The appellees argue that the 2005 "will" functions as a valid gift deed, establishing their superior title. They contend that Elvira Aguilar lacked the mental capacity due to advanced Alzheimer's disease to execute the 2009 deed, rendering it void. Additionally, the appellees challenge the appellants' claim for reimbursement for property improvements, asserting a lack of good faith given the appellants' awareness of the adverse claims and the timing of the improvements. The authenticity of Elvira's signature on the 2005 document is also defended.

Property LawDeed DisputeMental CapacityAlzheimer's DiseaseGift DeedTrespass to Try TitleAttorneys FeesGood Faith ImprovementsAppellate ProcedureTexas Law
References
41
Case No. NUMBER 13-18-00236-CV
Regular Panel Decision
Mar 05, 2020

Michael A. Garza v. Well Med Medical Management, Inc.

Appellant Michael A. Garza sued Well Med Medical Management, Inc. (Well Med) for personal injuries, alleging negligence under the doctrine of respondeat superior after a collision with Well Med employee Joanne Garcia. Garza claimed Garcia was reviewing work-related papers while driving, contending this fell within the course and scope of her employment due to Well Med's flexible work policies. The trial court granted Well Med's motion for summary judgment, finding Garcia was not acting within the scope of her employment. The Court of Appeals affirmed, concluding there was no evidence that reviewing documents while driving was a specifically assigned duty or that Well Med had impliedly approved such conduct, distinguishing it from situations where employees are on special missions for their employer.

Respondeat SuperiorSummary JudgmentCourse and Scope of EmploymentNegligenceVicarious LiabilityCommuting RuleSpecial Mission ExceptionEmployee ConductEmployer LiabilityTexas Law
References
18
Case No. MISSING
Regular Panel Decision

Aetna Life Insurance Co. v. Wells

Homer Baxter Wells obtained a judgment against Aetna Life Insurance Company for medical expenses related to a heart attack, based on a jury finding that the heart attack was not an accidental injury. This meant it was not covered by worker's compensation. However, Wells had previously settled a worker's compensation claim with Highlands Insurance Company, asserting the heart attack *was* an accidental injury, leading to a double recovery for the same medical expenses. Aetna argued that Wells was estopped or barred from asserting the heart attack was not an accidental injury due to his prior successful claim. The Supreme Court of Texas found that Aetna's arguments regarding judicial admissions or judicial estoppel were not sufficiently established and were not properly urged in the lower court. Consequently, the writ of error sought by Aetna was refused, with no reversible error.

Double RecoveryJudicial EstoppelWorker's Compensation ClaimMedical ExpensesWrit of ErrorTexas Civil ProcedureInconsistent Legal PositionsHeart Attack InjuryInsurance Dispute
References
8
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. MISSING
Regular Panel Decision

Esparza v. Nolan Wells Communications, Inc.

Thomas Esparza, Jr. appealed a trial court's judgment regarding his usury counterclaim against Nolan Wells Communications, Inc. The central dispute revolved around the applicability of a 'bona fide error' defense under Texas usury law, stemming from an employee's unauthorized charge of interest on Esparza's account. The appellate court clarified that intent to charge usurious interest is immaterial if such interest was, in fact, charged through a unilateral act within implied authority, and that mistakes of law do not fall under the 'accidental and bona fide error' exception. The court found that Nolan Wells Communications, Inc. had charged $93.60 in usurious interest. Consequently, the appellate court modified the trial court's judgment, awarding Esparza a forfeiture of $390.40 and $6,000.00 in attorney's fees as an offset against Nolan Wells' original claim, thus affirming the modified judgment.

Usury LawStatutory InterpretationBona Fide Error DefenseImplied AuthorityDebtor-Creditor RelationsAppellate ProcedureAttorney's FeesTexas Civil StatutesCommercial TransactionsInterest Rates
References
8
Case No. 03-21-00266-CV
Regular Panel Decision
Aug 03, 2022

Wells Fargo Bank, N.A. v. Express Limousines, Inc. N/K/A Groovy Automotive I, Inc. And Charles Delmonico

Wells Fargo Bank, N.A. appealed a district court's summary judgment granted to Express Limousines, Inc. and Charles Delmonico. Wells Fargo argued the trial court erred in finding their breach of contract claim barred by the statute of limitations. The case originated from a BusinessLine Customer Agreement where Groovy Automotive defaulted on payments and exceeded its credit limit, with the last payment occurring in August 2014. Despite Wells Fargo filing suit in January 2019, the appellate court affirmed the trial court's decision, ruling that the four-year statute of limitations for breach of contract, which began running from the last payment date, had expired. The court also clarified that an optional acceleration clause, as cited by Wells Fargo, does not alter the accrual date for credit card indebtedness in the context of the statute of limitations.

Breach of ContractStatute of LimitationsSummary JudgmentCredit Card DebtOptional Acceleration ClauseAccrual DateGuarantorTexas Court of AppealsCivil Practice and Remedies Code
References
17
Case No. 09-19-00101-CV
Regular Panel Decision
Dec 12, 2019

Brian W. Justice v. Wells Fargo Bank, National Association, on Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I Trust 2007-AC2, Asset-Backed Certificates, Series 2007-AV2

Brian W. Justice appealed the trial court's summary judgment in favor of Wells Fargo Bank, National Association, regarding a breach of contract and judicial foreclosure claim. Justice had defaulted on a promissory note, leading Wells Fargo to seek foreclosure on his property. Following a summary judgment for Wells Fargo, Justice, through an attorney, moved to set aside the judgment and for a new trial, arguing he lacked notice due to being out of state. The appellate court affirmed the trial court's decision, concluding that Justice failed to prove his failure to respond was not due to conscious indifference and that Wells Fargo had adequately demonstrated its status as the note holder. Additionally, the court ruled that Justice waived his objection to attorney's fees by not raising it at the trial level.

Summary Judgment AppealBreach of ContractJudicial ForeclosurePromissory Note DefaultHome EquityDefault JudgmentMotion for New TrialCraddock TestConscious IndifferenceHolder of Note
References
46
Case No. 15-10243; 15-12329
Regular Panel Decision
Mar 08, 2019

Corporate Res. Servs., Inc. v. Wells Fargo Bank, N.A. (In re TS Emp't, Inc.)

James S. Feltman, the Chapter 11 Trustee for TS Employment, Inc. (TSE) and Corporate Resource Services, Inc. (CRS) Debtors, initiated an adversary proceeding against Wells Fargo, N.A. and Wells Fargo Financial Leasing, Inc. The Trustee sought to recover various transfers made to Wells Fargo, including $4.1 million in fees, a $2.5 million payroll overdraft, post-petition bank charges totaling $439,710.58, and a $240,220.26 WFFL copier lease payment, based on theories of constructive fraudulent transfer and preference. The Court found in favor of the Trustee for the $4.1 million in fees and the $439,710.58 in post-petition bank charges, deeming them excessive, punitive, or in violation of the automatic stay. However, the Trustee's claims regarding the $2.5 million payroll overdraft and the WFFL copier lease payment were denied. The Court also ordered an accounting for reimbursed legal fees to determine the recoverable portion.

BankruptcyFraudulent TransferPreferenceAutomatic StayDebtor and Creditor LawChapter 11Receivables FinancingCash ManagementIndemnificationLegal Fees
References
46
Case No. MISSING
Regular Panel Decision

Wells v. Henderson

J. E. Henderson was killed in a collision while employed by Yount-Lee Oil Company. His widow and minor children, who received workers' compensation from Texas Employers’ Insurance Association, sued Milton Green, South Texas Lumber Company, and W. C. Wells for wrongful death based on negligence. A jury awarded $42,000 against Green and Wells, who subsequently appealed the judgment. The appellate court addressed issues regarding the definitions of "pecuniary loss" and "proximate cause," the amount of damages, employer liability (Green's agency), admissibility of testimony, and alleged jury misconduct. Finding no reversible errors, the appellate court affirmed the lower court's judgment.

NegligenceWrongful DeathDamagesPecuniary LossProximate CauseJury MisconductAppellate ReviewEmployer LiabilityAgency LawAdmissible Evidence
References
22
Case No. NO. 02-14-00148-CV
Regular Panel Decision
May 14, 2015

Brian K. Haren and Susan K. Haren F/K/A Susan C. Carley v. Wells Fargo Bank, N.A.

Appellants Brian K. Haren and Susan K. Haren appealed the trial court's order granting summary judgment to appellee Wells Fargo Bank, N.A. The Harens had defaulted on a property note, filed for Chapter 13 bankruptcy, and failed to disclose claims against Wells Fargo as assets. Later, in response to a lawsuit by Wells Fargo, they filed counterclaims alleging breach of contract, unreasonable collection efforts, and violations of the Texas Debt Collection Practices Act. The trial court granted summary judgment, finding judicial estoppel applicable due to the Harens' nondisclosure during bankruptcy. The Court of Appeals affirmed, ruling that the Harens' position in this lawsuit was inconsistent with their bankruptcy disclosures, the bankruptcy court accepted their nondisclosure, and their failure to disclose was not inadvertent as they had knowledge of the facts supporting their claims and a financial motive to conceal them.

BankruptcyJudicial EstoppelSummary JudgmentNondisclosureChapter 13Real PropertyForeclosureDebt CollectionTexas LawAppellate Review
References
29
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