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Case Law Database

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

Case No. 10-06-00236-CV
Regular Panel Decision
Jan 09, 2008

Navasota Resources, L.P. v. First Source Texas, Inc., First Source Gas, LP, Gastar Exploration Texas, LLC F/K/A Bossier Basin, LLC, First Texas Gas, LP, First Source Bossier LLC, Gastar Exploration, LTD., Chesapeake Energy Corp., Chesapeake Exploration LP & Chesapeake Operating. Inc

Navasota Resources, L.P. initiated a lawsuit to enforce a preferential right clause within a joint operating agreement with First Source Texas, Inc. and related entities concerning oil and gas interests. The trial court granted summary judgment for First Source and Chesapeake Energy Corp., denying Navasota's motion. On appeal, the court examined whether the preferential right was triggered by a multi-asset 'package deal' and if Navasota was obligated to accept all additional terms. The appellate court determined that the preferential right was indeed invoked, and Navasota was not required to agree to unrelated conditions like stock purchases or entry into an Area of Mutual Interest. Consequently, the court found a binding contract was formed, the preferential right provision was not an unreasonable restraint on alienation, and rejected defenses of mistake or unconscionability. The judgment of the trial court was reversed, with judgment rendered in favor of Navasota for breach of contract and specific performance, and the case was remanded for determination of attorney's fees and revenues.

Oil and GasPreferential RightJoint Operating AgreementSummary JudgmentBreach of ContractSpecific PerformanceRestraint on AlienationPackage DealAppellate ReviewContractual Option
References
92
Case No. MISSING
Regular Panel Decision

Bobby Duncan v. First Texas Homes and First Texas Homes, Inc.

Bobby Duncan, an employee of First Texas Homes, sustained injuries after falling from stairs on a construction site. He alleged negligence, citing unsafe working conditions and failure to inspect the premises, particularly due to insufficient clearance on the stair platform that violated OSHA and company safety standards. The trial court granted summary judgment in favor of First Texas. On appeal, the court reversed and remanded, finding that genuine issues of material fact existed regarding First Texas's actual knowledge of the dangerous condition, whether the condition posed an unreasonable risk of harm, and if First Texas's negligence was the proximate cause of Duncan's injuries. The court emphasized that an employee's awareness of a defect does not necessarily eliminate the employer's duty in a nonsubscriber case.

Summary JudgmentPremises LiabilityEmployer NegligenceNonsubscriber EmployerOccupational SafetyConstruction Site InjuryHazardous ConditionForeseeabilityProximate CauseAppellate Review
References
61
Case No. 01-23-00619-CV
Regular Panel Decision
Apr 23, 2024

In Re First Transit, Inc. v. the State of Texas

First Transit, Inc. sought mandamus relief concerning the trial court’s order denying its motion for medical examinations of Stephon Gladney by First Transit’s experts. Gladney had filed a personal injury lawsuit against First Transit and Gwendolyn Neveu for injuries sustained in a collision. The appellate court conditionally granted the petition in part, finding the trial court abused its discretion by denying the examination by First Transit’s neurology expert, Dr. Steven Lovitt, as proper neurocognitive testing had not been performed and in-person examination was necessary. However, the court denied the petition regarding the orthopedic examination by Dr. R. Alexander Mohr due to insufficient evidence of necessity.

MandamusDiscoveryMedical ExaminationPersonal InjuryAbuse of DiscretionAdequate Remedy by AppealGood CauseNeurological InjuryOrthopedic InjuryExpert Witness
References
13
Case No. MISSING
Regular Panel Decision

First State Bank, N.A. v. Morse

This case involves an appeal by First State Bank against C.D. Morse concerning a judgment related to negligence and conversion. The core dispute arose when First State Bank, holding car titles as collateral for Morse, released them to Monte Scarbrough without Morse's approval. Scarbrough then sold the vehicles and used the proceeds to reduce his own separate debt owed to First State. The court examined several issues including negligence, the Texas Theft Liability Act, gross negligence, constructive trust, conversion, lost profits, joint enterprise, and agency. The court ultimately sustained First State's argument that the negligence finding was legally unfounded due to the unforeseeability of Scarbrough's criminal conduct. However, it reversed the trial court's refusal to enter judgment on the jury's finding that First State converted six of the car titles, thereby affirming the damages for conversion while reversing those for negligence.

NegligenceConversionCar TitlesForeseeabilityCausationTheft Liability ActGross NegligenceConstructive TrustLost ProfitsJoint Enterprise
References
24
Case No. MISSING
Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. MISSING
Regular Panel Decision

Builders First Source-South Texas, LP v. Ortiz

This is an interlocutory appeal challenging a trial court's order that set aside two sanctions orders issued by an arbitrator, Lynne Gomez, before the American Arbitration Association (AAA). The trial court had found 'evident partiality' by the arbitrator and appointed a new arbitrator. The appellate court concluded that the sanctions orders were final due to the appellee Batista's prior nonsuit of claims, making them subject to trial court review. The court affirmed the trial court's decision to set aside the sanctions orders, agreeing that the arbitrator's failure to disclose prior appearances by Builders First's counsel created a reasonable impression of partiality. However, the appellate court reversed the trial court's appointment of a new arbitrator, David Medina, mandating that the parties must return to the AAA for the selection of a new arbitrator as per their agreement. The case is remanded for further proceedings, and the district court proceeding is to be stayed pending arbitration.

ArbitrationEvident PartialitySanctions OrderNonsuitInterlocutory AppealArbitrator DisclosureFederal Arbitration ActTexas Arbitration ActJudicial ReviewAppellate Court Decision
References
19
Case No. 07-05-0138-CV
Regular Panel Decision
May 08, 2007

First State Bank, N.A. v. C.D. Morse, D/B/A 38th & Q Auto

The Court of Appeals for the Seventh District of Texas at Amarillo reviewed a case where First State Bank, N.A. (Appellant) appealed a judgment favoring C.D. Morse d/b/a 38th & Q Auto (Appellee). The dispute originated from First State Bank's unauthorized release of car titles to Monte Scarbrough, which led to Scarbrough converting the vehicles and their proceeds. The appellate court determined that the jury's finding of negligence against First State Bank was legally unfounded due to the unforeseeability of Scarbrough's criminal conduct. However, the court sustained Morse's claim that First State Bank had converted the car titles by intentionally delivering them to Scarbrough against Morse's directives. Consequently, the judgment was affirmed in part regarding the conversion claim, awarding Morse $280,098.50, and reversed in part concerning the negligence finding and related damages.

NegligenceConversionUnforeseeabilityTexas Theft Liability ActGross NegligenceConstructive TrustAgencyJoint EnterpriseAppellate ReviewDamages
References
25
Case No. 03-05-00455-CV
Regular Panel Decision
Apr 14, 2006

Startex First Equipment, Ltd. v. Aelina Enterprises, Inc.

This appeal arises from a dispute over the ownership of a .384-acre tract of commercial real property. Appellant Startex First Equipment, Ltd., appealed the trial court's summary judgment in favor of appellee Aelina Enterprises, Inc., which granted Aelina title to the property. The core issue was whether Startex's right of first refusal, originating from a 1970 Lease and Operating Agreement, survived previous sales of the property and was superior to Aelina's subsequent purchase option. The appellate court found that the explicit language in the Lease Agreement ensured the survival and assignability of the right of first refusal, making Startex's right superior. Therefore, the court reversed the district court's decision and rendered judgment in favor of Startex.

Right of First RefusalReal Property DisputeContract InterpretationSummary Judgment AppealLease AgreementPurchase OptionAssignability of RightsSuperiority of RightsConstructive NoticeInquiry Notice
References
15
Case No. MISSING
Regular Panel Decision

Startex First Equipment, Ltd. v. Aelina Enterprises Inc.

This case involves a dispute over the ownership of commercial real property in Bastrop County, Texas. Appellant Startex First Equipment, Ltd., appealed a trial court’s summary judgment that granted title to appellee Aelina Enterprises, Inc. The core issue was whether Startex's right of first refusal, originally granted to Pioneer Oil Company in a 1970 Lease and Operating Agreement, survived subsequent property sales and was superior to Aelina's later-acquired purchase option. The appellate court determined that the right of first refusal, explicitly stating that sales were 'subject to the terms of this lease,' indeed survived previous property transfers and was properly assigned to Startex. Consequently, the court found Startex's right to be superior to Aelina's purchase option, reversing the district court's decision and rendering judgment in favor of Startex.

real propertyright of first refusalpurchase optioncontract interpretationsummary judgmentappealproperty ownershipcommercial leaseassignability of rightsconstructive notice
References
17
Case No. MISSING
Regular Panel Decision
Dec 18, 2015

First Texas Bank v. Chris Carpenter

Chris Carpenter, a roofing contractor, was injured after falling from a ladder while inspecting hail damage on First Texas Bank's roof with an insurance adjuster. Carpenter sued the Bank, alleging a defective ladder, but the Bank invoked Chapter 95 of the Texas Civil Practice and Remedies Code, which limits a property owner's liability to contractors under certain conditions. The trial court initially granted summary judgment for the Bank. The court of appeals reversed, concluding Carpenter was not a 'contractor' as contemplated by the statute due to the absence of a formal contract. The Supreme Court disagreed with the appeals court's definition of 'contractor' under Chapter 95, stating that an actual contract isn't always required and Carpenter was indeed a contractor. However, the Supreme Court affirmed the court of appeals' judgment to remand the case because the evidence did not establish that Carpenter's injury occurred while he was performing work explicitly covered by Chapter 95, as the Bank had not yet decided on specific repairs.

Contractor definitionProperty owner liabilityChapter 95Texas Civil Practice and Remedies CodeStatutory constructionPremises liabilityScope of workSummary judgment reversalRoofing workInjury claim
References
7
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