In re The State of Texas ex rel. John Warren 02-17-00285-CV (Tex.App— Fort Worth, September 12, 2017) This is a mandamus action where the Fort Worth Court of Appeals granted the mandamus, effectively reversing a district court order preventing the Cooke County District Attorney from prosecuting a specific individual. A Cooke County grand jury indicted […]
City of Arlington v. S.C.,et al. 02-17-00002-CV (Tex. App. – Fort Worth, September 7, 2017) This is an interlocutory appeal involving a jurisdictional challenge in a special defect case. The Fort Worth Court of Appeals, acknowledging the case law is murky, held the misplaced manhole cover was not a special defect. S.C. and her family […]
Melissa K. Ferguson v. Texas Department of Transportation, 11-15-00110-CV (Tex. App. – Eastland, August 31, 2017). This is an employment disability discrimination and retaliation case where the Eastland Court of Appeals affirmed a judgment in favor of the employer. Ferguson was employed with the Texas Department of Transportation (“TxDOT”) as an account specialist at the […]
Peter Schmitz, et al v. Town of Ponder, Texas, et al. 02-16-00114-CV, (Tex. App. – Fort Worth, August 31, 2017). This is an appeal from a final judgment against the Plaintiffs who attempted to force the Town to enforce its zoning laws against other property owners. The Fort Worth Court of Appeals affirmed the dismissal […]
City of Sealy, et al. v. Town Park Center, 01-17-00127-CV (Tex. App. – Houston [1st Dist.], August 24, 2017). This is an opinion where the court held the appeal is moot, but where the City asserted mootness was not applicable due to a refiling. Town Park Center sued the City of Sealy in the first […]
City of Houston v. Frank Nicolai, 01-16-00184-CV, (Tex. App. – Houston [1st Dist.], August 24, 2017) This is an interlocutory appeal where the First District Court of Appeals affirmed the denial of the City’s plea to the jurisdiction in this wrongful death case. City police officer R. Gonzales handcuffed Caroline Nicolai and placed her in […]
Smith v. District Attorney’s Office for Smith County, et al. 03-16-00828-CV (Tex. App. – Austin, August 23, 2017) This is an inmate declaratory judgment case relating to the inmate’s conviction in which the Austin Court of Appeals affirmed the dismissal of the case by a plea to the jurisdiction. Plaintiff Smith sued Smith County and […]
City of San Antonio v. San Antonio Firefighters’ Association, Local 624, 04-15-00819-CV (Tex. App. – San Antonio, August 23, 2017). This is a permissive appeal, which was allowed by the court, where the City requested the Court of Appeals review the denial of its motion for summary judgment seeking to hold the “evergreen” clause […]
City of San Antonio v. Britnee Amber Reyes and Stephanie Aguirre, 04-16-00748-CV (Tex.App. – San Antonio, August 23, 2017). This is a Texas Tort Claims Act vehicle accident case where the San Antonio Court of Appeals held the City was immune. San Antonio Police Officer Ayars was in an automobile accident with the Plaintiffs’ vehicle […]
NBL 300 Group Ltd v. Guadalupe-Blanco River Authority 04-17-00264-CV (Tex.App— San Antonio, August 16, 2017) This is an immunity/breach of contract case where the San Antonio Court of Appeals reversed the granting of Guadalupe-Blanco River Authority’s (“GBRA”) plea to the jurisdiction. NBL was developing certain properties known as Legend Pond. As part of the development […]