OPINION LAURA CARTER HIGLEY, Justice. Vinmar Trade Finance, Ltd. ("Vinmar"), a Cayman Islands corporation headquartered in Houston, Texas, brought suit against Mexican corporations Utility Trailers de Mexico, S.A. de C.V. ("Utility") and Tractocamiones Kenworth de Monterrey, S.A. de C.V. ("Kenworth") for fraud, civil conspiracy, and breach of contract in Harris County district court. The trial court, inter alia, granted Utility's special appearance and Utility's and Kenworth's motion to...
OPINION LAURA C. HIGLEY, Justice. Appellant, Tracy Bush, appeals from a decree of divorce dissolving the marriage between appellee, Michael Wayne Bush, and herself and appointing the parties joint managing conservators of their daughter, C.B. In six points of error, Tracy argues that the trial court erred in (1) appointing an amicus attorney in a limited role; (2) awarding the parents a joint managing conservatorship over their daughter and determining that Michael should have the right to...
OPINION TERRIE LIVINGSTON, Chief Justice. Introduction Appellants Susana C. Nichols and Four Nichols, Inc. appeal the trial court's order dismissing their suit against appellees, which had been originally filed in a divorce suit, but which was later severed. In one issue, appellants argue that the trial court erred by dismissing the severed lawsuit. We reverse and remand. Background Facts This case began as a divorce between Kyle Nichols and Susana Nichols. On August 9, 2004, Susana filed...
OPINION Opinion By Justice BRIDGES. The City of Dallas appeals the trial court's denial of its plea to the jurisdiction. In three issues, the City argues the trial court erred in denying its plea to the jurisdiction for the News' mandamus claim, request for declaratory relief, and request for attorney's fees. We reverse the trial court's denial of the City's plea to the jurisdiction on the News' declaratory judgment action and render judgment dismissing the News' declaratory judgment action....
OPINION BOB McCOY, Justice. I. Introduction In two issues, Appellant Tarrant Regional Water District (Tarrant) appeals the denial of its partial plea to the jurisdiction, asking this court to determine whether Chapter 21 1 of the Texas Labor Code should be read to automatically incorporate the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act). 2 We reverse and remand. II. Factual and Procedural History Appellee Tamara Villanueva sued Tarrant, her former...
OPINION ON REHEARING FELIPE REYNA, Justice. Hoppenstein Properties, Inc. sued the McLennan County Appraisal District ("MCAD") for breach of a commercial lease after MCAD abandoned the leased premises. The trial court granted MCAD's partial plea to the jurisdiction on Hoppenstein's claim for future damages. On original submission, this Court affirmed the judgment, holding that the commercial lease is not a contract for goods or services under section 271.152 of the Local Government Code, which...
OPINION MARGARET GARNER MIRABAL, Senior Justice (Assigned). This is an appeal from a judgment awarding "$0.00" attorney's fees to the plaintiff. Appellant, Richard Crounse, asserts that the trial court erred in failing to award him attorney's fees because a fee award is mandatory under Civil Practice and Remedies Code chapter 38, and the $0.00 award of attorney's fees was against the great weight and preponderance of the evidence. 1 We affirm. Background Richard Crounse had auto insurance...
OPINION MARGARET GARNER MIRABAL, Senior Justice. Appellant Atlas Gulf-Coast, Inc., d/b/a Atlas Foundation Repair Company brings this interlocutory appeal from the trial court's order denying its motion to compel arbitration filed against appellees Robert E. Stanford and Dorothy Stanford. We affirm. The Stanfords hired Atlas to repair the foundation on their home for a total price of $16,910. Unsatisfied with the work, the Stanfords brought suit against Atlas, alleging breach of contract. The...
OPINION ANNE GARDNER, Justice. I. INTRODUCTION Appellants Vinson Minerals, Ltd., Johnny H. Vinson, and Chisholm 2000, L.P. (the Vinsons) and Appellee XTO Energy, Inc. (XTO) filed cross-motions for summary judgment on the Vinsons' claims relating to ten oil and gas leases covering the Vinsons' ranch in Wise County, Texas. The trial court granted XTO's motion and denied the Vinsons' motion. The Vinsons, as one or more of the lessors in each of the leases, contend that they are entitled to...
OPINION Opinion by Chief Justice MORRISS. In August 2004, Emily Roddy was driving at highway speed in a late model pickup truck on which had been mounted in the left front position a model Z36, load range C, light truck radial tire manufactured in 1997. On board were her children, Alexa and Hunter Hathcock. The tire "bl[e]w out the side," causing Roddy to lose control of her vehicle and hit a tree, to devastating results. Roddy died at the scene of the accident, seven-year-old Hunter passed...
OPINION DAVID WELLINGTON CHEW, Chief Justice. Appellant, Lilia Mendoza, appeals the trial court's grant of summary judgment in favor of Appellees, Victor M. Ramirez, et al, otherwise known as the Ramirez Mineral Trust ("RMT"), with respect to the title to the B-2 tract. On appeal, Ms. Mendoza argues the trial court erred because res judicata elements were not satisfied for a grant of summary judgment based on a prior federal condemnation proceeding, and even if RMT or its predecessors...
OPINION Opinion by: CATHERINE STONE, Chief Justice. Justin Briggs, an employee of a subcontractor on a construction site, appeals from the trial court's dismissal of his suit against the premises owner, general contractor, and other subcontractors (Toyota Motor Manufacturing of Texas, Toyota Tsusho America, Inc., Automatic Fire Protection, Walbridge Aldinger Company, Bartlett Cocke Operations, Inc., and Walbridge/Bartlett Cocke). We reverse the trial court's judgment and remand for further...
OPINION Opinion by SANDEE BRYAN MARION, Justice. Appellant, Irene V. Rodriguez, is a notary public. A jury found appellant guilty of holding herself out as an attorney, and the trial court assessed punishment at ten years' confinement, probated, and a $1,000 fine. On appeal, appellant challenges the legal and factual sufficiency of the evidence in support of the verdict, and she asserts the trial court erred in overruling her motion for new trial. We affirm. SUFFICIENCY OF THE EVIDENCE The...
OPINION Opinion by: KAREN ANGELINI, Justice. Relators, and defendants in the underlying case, K.L. & J. Limited Partnership and David Torres filed a petition for writ of mandamus, complaining of: (1) the trial court's denial of their motion to compel plaintiff Bella Viveros to answer deposition questions regarding her citizenship and alienage status, and the authenticity of the social security number she provided; (2) the trial court's denial of their motion to compel Viveros to amend her...
OPINION Opinion by Justice CARTER. Dennis and Norma Woodruff, parents of Brandon Dale Woodruff, were murdered in their manufactured home in Royse City, Texas, on October 16, 2005. Both Dennis and Norma died as a result of gunshot wounds and multiple stab wounds. Brandon was soon arrested for their murders. While Brandon was in jail awaiting trial, the Hunt County District Attorney's Office instructed the Hunt County Sheriff's Office to record Brandon's conversations with his attorneys and...
OPINION Opinion By Justice RICHTER. This interlocutory appeal follows the trial court's dismissal of negligence claims brought by The Belvedere Condominiums At State Thomas, Inc., d/b/a The Belvedere Condominiums (Belvedere) against Meeks Design Group, Inc. (Meeks). Meeks moved for dismissal of the negligence claims, asserting the certificate of merit filed by Belvedere in support of its claims did not comply with the statutory requirements set forth in Chapter 150 of the Texas Civil...
OPINION Opinion By Justice MYERS. The City of Dallas, Texas brings this interlocutory appeal of the trial court's denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM.CODE ANN. 51.014(a)(8) (West 2008). The City brings four issues asserting the trial court erred by determining governmental immunity from suit did not bar the cause of action for exemplary damages brought by appellees Lacey Celeste Gatlin, Amber D. Gatlin, and Debra S. Gatlin. We conclude the City's governmental...
OPINION LESLIE B. YATES, Justice. Appellant 8100 North Freeway Ltd. appeals the trial court's order granting the temporary injunction request of appellee the City of Houston. Because we find that the trial court did not abuse its discretion in issuing the temporary injunction, we affirm. BACKGROUND The City regulates sexually oriented businesses (SOBs) and requires them to meet certain criteria to obtain permits, which are necessary for legal operation. 8100 operates a business, originally...
OPINION JEFFREY V. BROWN, Justice. In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital ("Cypress Creek"), complains of the trial court's denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman's expert reports do not satisfy the expert-report requirements of Texas Civil Practice and...
OPINION ON PETITION FOR WRIT OF MANDAMUS DAVID WELLINGTON CHEW, Chief Justice. Relators seek a writ of mandamus to overturn an order denying their motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). A writ of mandamus will issue only if the trial court clearly abused its discretion and if the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of America, 148 S.W.3d 124 , 135-36 (Tex.2004). A party may appeal an interlocutory order denying a...
