OPINION ON REHEARING Memorandum Opinion on Rehearing by Justice GARZA. We grant in part and deny in part the motion for rehearing filed by appellants/relators Shamoun & Norman, LLP, Gregory Shamoun and Brian Norman (collectively "Shamoun"), vacate and withdraw our previous memorandum opinion and judgment dated January 19, 2012, and issue the following in its place. By two interlocutory appeals and a petition for writ of mandamus, Shamoun challenges (1) the trial court's order imposing an...
OPINION Opinion by SANDEE BRYAN MARION, Justice. Sylvia Weech appeals a take-nothing summary judgment rendered against her and in favor of Baptist Health System ("BHS"). BHS filed its no-evidence summary judgment motion and a hearing was set for April 10, 2012. Weech failed to file a response to BHS's motion and did not appear at the hearing. The trial court granted BHS's motion and rendered judgment against Weech. After receiving a copy of the judgment, Weech timely filed a motion for new...
OPINION Opinion by Chief Justice VALDEZ. By appeal and original proceeding, Frontera Generation Limited Partnership ("Frontera") seeks to set aside a temporary injunction that was entered pending arbitration under the Federal Arbitration Act ("FAA") that Frontera contends "effectively" compels it to arbitrate. 1 These two matters arise from a dispute between Frontera and Mission Pipeline Company n/k/a Mission Pipeline, LLC ("Mission") regarding the operation of a series of pipelines and...
OPINION Opinion by KAREN ANGELINI, Justice. Appellants Melko Dobroslavic and Southampton Properties, L.L.C., appeal the trial court's judgment dismissing their suit for want of prosecution. We affirm. BACKGROUND On September 28, 2010, the appellants filed a pro se suit for judicial review of a decision by the Bexar County Appraisal Review Board. The Bexar County Appraisal Review Board and the Bexar County Appraisal District, the appellees, filed separate answers to the suit on October 14,...
OPINION DIANE M. HENSON, Justice. We withdraw the opinion and judgment dated July 31, 2012, and substitute the following opinion and judgment in their place. We deny appellants' motion for rehearing. Appellants, Heritage on the San Gabriel Homeowners Association, Hutto Citizens Group, Mount Hutto Aware Citizens, Mahlon Arnett, Robbi Arnett, TJFA, L.P., and Jonah Water S.U.D. (collectively, the "Hutto landowners"), challenge the district court's judgment affirming the Texas Commission on...
OPINION MACKEY K. HANCOCK, Justice. K.A., a minor, 1 appeals a judgment finding that he engaged in delinquent conduct, specifically that he committed the penal offense of retaliation, and resulting order committing him to the care, custody, and control of the Texas Youth Commission for an indeterminate period of time not to exceed his nineteenth birthday. We will reverse the trial court's judgment and remand the cause. Background On or about May 9, 2011, Russell Irby, a detention officer...
OPINION SHERRY RADACK, Chief Justice. This in an appeal from an order denying appellant Angela Michelle Harris's petition for nondisclosure of her prior conviction for possession of cocaine. We reverse and the remand to the trial court for further proceedings. BACKGROUND Pursuant to a plea agreement related to a cocaine possession charge, on July 18, 2001, Harris was placed on deferred adjudication community supervision for three years. She fulfilled the conditions of her probation, and her...
OPINION CHRISTOPHER ANTCLIFF, Justice. J.M., a juvenile, appeals his disposition following his adjudication as a delinquent. We dismiss the appeal as moot. BACKGROUND On August 22, 2011, J.M. entered a plea of true to the offense of evading detention alleged in the State's Petition Based on Delinquent Conduct. The juvenile court entered an adjudication order on the same date. The Disposition Hearing was held on September 27, 2011. Following that hearing, the juvenile court referee ordered...
OPINION CHRISTOPHER ANTCLIFF, Justice. Appellant J.R.C.S. ("J.R.C.S."), a minor, appeals the Juvenile Court Referee's Order of Adjudication finding that J.R.C.S. engaged in delinquent conduct by committing the offense of felony Criminal Mischief. He also appeals the Juvenile Court's Disposition placing J.R.C.S. on probation until his 18th birthday, ordering J.R.C.S. to pay restitution in the amount of $50,000, and ordering his parents to pay $25,000 in restitution. J.R.C.S. raises five...
OPINION Opinion by Justice MARTIN RICHTER. Attorney Appellant Robert Thornton ("Thornton") appeals the trial court's judgment in this breach of contract suit against AT & T Advertising ("AT & T"). After a trial on the merits, the trial court awarded AT & T damages in the amount of $21,620.29 plus attorney's fees. In three issues, Thornton claims (1) there is legally no evidence of a valid contract between him and AT & T; (2) there is legally no evidence to support a breach of contract claim;...
OPINION REX D. DAVIS, Justice. In this original proceeding, the State of Texas, through David P. Weeks, the Criminal District Attorney of Walker County, as Relator, seeks mandamus relief against the Respondent, the Honorable Kenneth Keeling, Judge of the 278th District Court of Walker County. It arises out of the trial proceeding in the criminal prosecution of John Ray Falk, Jr., the Real Party in Interest, for capital murder. Falk is charged by indictment with capital murder under Penal Code...
OPINION TERRY McCALL, Justice. Appellant, Hendrick Medical Center, brings this interlocutory appeal from the trial court's order denying its motion to dismiss the suit of appellees, Texas Podiatric Medical Association; Cory Brown, DPM; and Martin V. Sloan, DPM, for their failure to file an expert report under Section 74.351 of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM.CODE ANN. 74.351(b) (West 2011). The issue on appeal is whether appellees' claims against...
OPINION Opinion By Justice FITZGERALD. Appellee Mike Harrison sued appellants Larry White and VSC, LLC for breach of a commercial lease. The case was tried to the court, and the trial court signed a judgment in favor of Harrison — and jointly and severally against White and VSC — in the amount of $356,579.12, plus attorney's fees and interest. In nine issues, appellants challenge the trial court's (a) rejection of their affirmative defenses, (b) exclusion of a witness, (c) validation of the...
OPINION Opinion by Justice GARZA. Appellant, Araceli Garza, challenges the dismissal of her health care liability claim against appellee, Richard Carlson, M.D., for her failure to timely file an expert report. See TEX. CIV. PRAC. & REM.CODE ANN. 74.351(a) (West 2011). By a single issue, Garza contends that the time for filing an expert report was tolled until the default judgment against Dr. Carlson was set aside, and that the trial court therefore erred in granting Dr. Carlson's motion...
OPINION Opinion by: KAREN ANGELINI, Justice. Lucia Blankenship Mooney appeals a summary judgment rendered against her in a suit she brought to avoid the effect of an order admitting a will to probate as a muniment of title and for declaratory judgment. We affirm. BACKGROUND When Lucia's father, Henry H. Blankenship, died in Texas on May 17, 1973, he left behind two testamentary instruments. Blankenship's first testamentary instrument, hereinafter referred to as the Mexican will, was...
OPINION Opinion By Justice MURPHY. Kaufman County appeals the trial court's interlocutory order denying its plea to the jurisdiction in Christopher Leggett's suit for personal injuries. We affirm. BACKGROUND Leggett sued the County after sustaining injuries when Sergeant Richard Gaddis, a Kaufman County sheriff's deputy, "rear-ended" Leggett's motorcycle with his patrol car during a traffic stop. The collision occurred the morning of October 24, 2008. Gaddis was on his way to work,...
OPINION JEFFREY V. BROWN, Justice. This case concerns seizure and forfeiture of a 2004 Chevrolet Silverado pickup truck. The trial court granted summary judgment in favor of the State. For the reasons explained below, we affirm. I On June 26, 2009, Officer Juan Perez of the Jacinto City Police Department arrested Roberto Faustino for three felony offenses: driving while intoxicated (third offense), evading arrest in a motor vehicle, and possessing cocaine. Faustino pleaded guilty to the DWI...
OPINION JIM R. WRIGHT, Chief Justice. Appellee, Doud Media Group, L.L.C., purchased a radio transmitter from appellant, Superior Broadcast Products. Doud Media experienced problems with the transmitter and, later, filed this suit against Superior. Doud Media alleged, among other things, that the transmitter was defective and that Superior breached an express warranty requiring it to repair or to replace the transmitter. The jury found in favor of Doud Media on its breach of warranty claim and...
OPINION TERRY McCALL, Justice. This interlocutory appeal involves a health care liability claim brought by appellees, Adanelica and David Allen, individually and as next friends of Madison Allen, their two-year-old daughter, against appellants, Abilene Regional Medical Center and nurses Debbie Marsh, April Nichols, and Tarena Sisk. Appellants appeal the trial court's order denying their motion to dismiss. See TEX. CIV. PRAC. & REM.CODE ANN. 74.351 (West 2011). We affirm in part and...
OPINION Opinion by: PHYLIS J. SPEEDLIN, Justice. The State appeals the trial court's pre-trial order quashing the indictment based on inadequate notice to the defendant of the particular bigamous conduct under section 25.01 of the Penal Code used to elevate the offense of sexual assault from a second degree to a first degree felony. TEX. PENAL CODE ANN. 22.011(f), 25.01 (West 2011 & West Supp.2012). We reverse and remand for further proceedings consistent with this opinion. BACKGROUND...
