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Recent Verdicts and Judgments
Kristen Kocurek, M.D., and Texas MedClinic v. Anthony D. Colby

Appellants Kristen Kocurek, M.D., and Texas MedClinic appeal from the trial court’s
denial of their motion to dismiss appellee Anthony D. Colby’s1 suit for medical malpractice based
on Colby’s alleged failure to provide an adequate expert report as required by chapter 74 of the
Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code § 74.351. We will
reverse ... More
   $0 (08-23-2014 - TX)

Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl ... More
   $0 (08-23-2014 - )

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega ... More
   $0 (08-22-2014 - TX)

Jim Maddox Properties LLC and Jim Maddox v. WEM Equity Capital Investments, Ltd.

Appellants, Jim Maddox Properties, LLC and Jim Maddox (collectively, “Maddox”), appeal the trial court’s grant of summary judgment in favor of appellee, WEM Equity Capital Investments, Ltd. (“WEM”), on WEM’s breach of contract claim. In three issues, Maddox argues that the trial court erred in granting
2
WEM’s motion for summary judgment because WEM failed to prove that Maddo ... More
   $0 (08-22-2014 - )

United States of America v. Hong Jae Kim, aka “Randy Kim”

DALLAS, TX — Hong Jae Kim, aka “Randy Kim,” 45, was sentenced today by U.S. District Judge Jane J. Boyle to 10 years in federal prison and ordered to pay $1,795,125 in restitution for his nearly two-year role in a scheme to launder mortgage fraud proceeds, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

A felony information was filed in February 2013 cha ... More
   $0 (08-21-2014 - TX)

In the Interest of: A.W., et al.

A jury terminated the parental rights of Laura Traylor (“Mother”). On appeal, Mother argues the evidence is legally and factually insufficient to support the jury’s finding that termination is in the best interest of her two children. We affirm the trial court’s judgment.
Background
Mother’s daughter, A.W., was born on August 7, 2002, and her son, J.W., was born on February 13, 2 ... More
   $0 (08-21-2014 - TX)

Crystal Ann Harris v. Virginia Vanegas

The trial court appointed Virgina Vanegas (“Grandmother”) sole managing conservator
of D.L. and C.V. (together, “Children”) and appointed Crystal Harris (“Mother”) possessory
conservator. In a single issue, Mother asserts the trial court erred in awarding managing
conservatorship to Grandmother. We affirm the trial court’s judgment.
BACKGROUND
The Children, born i ... More
   $0 (08-21-2014 - TX)

Jordan & Jennifer Dontos v. 24Seven ( USA) Linited, et al

Appellants Jordan and Jennifer Dontos appeal a summary judgment in favor of appellee Banco Popular North America. In a single point of error, appellants contend the trial court erred in granting summary judgment because material fact issues exist. For the following reasons, we affirm the trial court’s judgment.
Crave, LLC, as franchisee, entered into a vending machine franchise agreement wit ... More
   $0 (08-21-2014 - TX)

Laurie Faye Walker v. Brad Vincent Walker

Laurie Faye Walker appeals the trial court’s order denying her petition for bill of review to set aside her 2008 divorce decree. Representing herself, appellant brings two issues contending that (1) there were numerous “procedural defects” in the bill of review proceeding and underlying divorce case requiring reversal and (2) the underlying divorce decree was void because the trial court lac ... More   $0 (08-21-2014 - TX)

In the Interest of T.L.D. a child

Father appeals the trial court’s order, denying his request to modify the amount of his child support obligation. In a single issue, Father contends the trial court abused its discretion in denying his motion to modify. We affirm.
In October 2007, Father filed a petition, seeking genetic testing to determine parentage and seeking to be appointed the sole managing conservator of T.L.D. In an ... More
   $0 (08-21-2014 - TX)

In the Interest of S.V & S.V. children

This is a high-conflict custody case. Father appeals an order modifying conservatorship and appointing Mother sole managing conservator and Father possessory conservator of their two daughters. In two issues, Father generally contends the trial court abused its discretion in modifying the conservatorship because the evidence is legally and factually insufficient to support the trial court’s find ... More   $0 (08-21-2014 - TX)

Yundlander Jones v. Claude Jones

In six points, pro se appellant Yundlander Jones (Wife) appeals the trial court’s divorce decree and division of the marital estate. We affirm in part and reverse and remand in part.
In her fourth point, Wife argues that the evidence is legally and factually insufficient to support the division of property contained in the divorce decree.
1See Tex. R. App. P. 47.4.
2
Among her ar ... More
   $0 (08-21-2014 - TX)

In the Interest of C. R. M., A. L. T., and L. N. T., Children

Appellant, T.L.M., challenges the trial court’s termination of her parental rights to A.L.T. and L.N. T. 1 In her sole issue on appeal, T.L.M. argues that the
1 T.L.M. does not challenge the portion of the trial court’s order regarding C.R.M. None of the fathers or the grandparents who intervened are parties to this appeal.
2
evidence was legally and factually insufficient to suppo ... More
   $0 (08-21-2014 - TX)

Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
2
the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent ... More
   $0 (08-21-2014 - TX)

Sheren Nguyen v. Lijun Zhang

Appellant, Sheren Nguyen, challenges the trial court’s judgment, entered after a jury awarded her damages of $300 for past medical expenses, in her suit for negligence against appellee, Lijun Zhang. In two issues, Nguyen contends that the
2
evidence is factually insufficient to support the jury’s award of damages and the trial court erred in “permitting violations of its order on [he ... More
   $0 (08-21-2014 - TX)

Union Pacific Railroad Company v. Estate of Geronimo Gutierre

In this Federal Employers’ Liability Act (“FELA”) case,1 Union Pacific Railroad Company appeals from the final judgment rendered on the jury’s verdict in favor of the estate of Geronimo Gutierrez, deceased, Amelia Gutierrez and Adrian Gutierrez, individually in their capacities as dependents of Geronimo Gutierrez, deceased, and Amelia Gutierrez, in her capacity as administratrix of the est ... More   $0 (08-21-2014 - TX)

United States of America v. Michael G. Johnson

DALLAS, TX — Michael G. Johnson, 46, formerly of Fort Worth, Texas, was sentenced late yesterday, by U.S. District Judge Barbara M. G. Lynn, to 28 months in federal prison and ordered to pay $354,529 in restitution, following his guilty plea in January 2014 to felony offenses stemming from an investigation by the Environmental Protection Agency (EPA) into violations of the Clean Air Act. The ann ... More   $0 (08-20-2014 - TX)

W. B. v. Texas Department of Family and Protective Services

A jury concluded that appellant W.B.’s parental rights to his son should be
terminated. Appellant contends that the evidence is legally and factually insufficient to support
the judgment that termination of his parental rights was in the child’s best interest. We will affirm
the judgment.
Preservation of Error
The Department contends that appellant failed to preserve this i ... More
   $0 (08-20-2014 - TX)

Daniel Valdez v. Recon Services, Inc.

Appellant Daniel Valdez sued appellee Recon Services, Inc., his former employer,
alleging wrongful termination in retaliation for his having filed a workers’ compensation claim.
Recon filed a motion for summary judgment, which the trial court granted, dismissing Valdez’s suit.
Valdez appeals, arguing that fact issues remained as to each element of his claim and that the trial
c ... More
   $0 (08-20-2014 - TX)

United States of America v. Marsha Harrington, Calvin Shaw and Larry Corner

St. Louis, MO – MARSHA HARRINGTON,CALVIN SHAW and LARRY CORNER, all of the St. Louis area, have entered guilty pleas to one felony count of conspiracy to commit identity theft and one felony count of identity theft. Corner appeared in court Tuesday afternoon, Harrington and Shaw entered their pleas in July. All defendants appeared before United States District Judge Catherine D. Perry. Senten ... More   $0 (08-20-2014 - MO)

State of OKlahoma v. John DeSelms

Jay, OK - The State of Oklahoma charged John DeSelms with two counts of first-degree manslaughter arising from the deaths of Rachel Nicole Swetnam, age 21, and William Lewis (Trey) VArner, III, age 21, who were killed when the boat in which they were passengers that was being driven by DeSelms hit a houseboat on May 14, 2013. The State alleged that DeSelms was intoxicated and was operating the boa ... More   $0 (08-20-2014 - OK)

Mohan Kutty, M.D. v. United States Department of Labor

Dr. Mohan Kutty appeals the district court’s
affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB)
determination that he is personally liable for back wages, including expenses physicians hired by
his clinics incurred in obtaining their J-1 waivers and H-1B visas, and civil penalties. Kutty ran
medical clinics in Tennessee and Florida under several cor ... More
   $0 (08-20-2014 - TN)

United States of America v. William Iraheta, et al.

This is an appeal of the district court’s grant of Gonzalez and Meraz-Garcia’s motions to suppress drugs obtained pursuant to an automobile search by police at a traffic stop. For the following reasons, we AFFIRM.1

1 This interlocutory appeal was brought by the United States on the grounds that it “could not proceed to trial without this evidence.” Thus, it appears that the indict ... More
   $0 (08-20-2014 - LA)

Markus Miller & Celia Miller v. Bob Durham

Appellants, Markus Miller and Celia Miller, appeal from a final judgment granted to appellee, Bob Durham, in a breach of contract action against the Millers. Durham sued the Millers for breach of a grazing lease and the Millers answered, filed a cross-claim and asserted certain affirmative defenses. Following a bench trial, judgment was rendered in favor of Durham for $75,450 together with pre- an ... More   $0 (08-19-2014 - TX)

Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr ... More
   $0 (08-19-2014 - TX)

Luis A. Santiago and Linda A. Santiago v. Mackie Wolf Zientz & Mann, P.C.

Luis and Linda Santiago sued several entities involved in their home equity loan and the law firm of Mackie Wolf Zientz and Mann, P.C. (Mackie Wolf). After the trial court granted summary judgment in favor of Mackie Wolf on all of the Santiago’s claims, the trial court granted Mackie Wolf’s motion to sever. In two issues, appellants contend the trial court erred in granting Mackie Wolf’s mot ... More   $0 (08-19-2014 - TX)

A. A. P. v. Texas Department of Family and Protective Services

Appellant A.A.P. appeals from the trial court’s order terminating her rights to her
three young daughters, B.J.A., N.J.A., and L.J.A. See Tex. Fam. Code § 161.001(1)(D), (E), (O),
(P), (2).1 A.A.P.’s court-appointed counsel has filed a motion to withdraw and an Anders brief,
concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738,
744 ... More
   $0 (08-19-2014 - TX)

Charles R. Tips Family Trust, Hazel W. Tips Family Trust and Charles T. Watkins v. PB Commercial LLC

The parties to this appeal entered into a residential loan agreement for the principal amount of “ONE MILLION SEVEN THOUSAND AND NO/100 ($1,700,000.00) DOLLARS.” The agreement thus identified the amount of the loan in two different ways, with one number written out in words and a larger
2
number set out in numerals. After the borrowers defaulted, litigation ensued, and the property was ... More
   $0 (08-19-2014 - TX)

Jeniffer Aloysius v. Mark Kislingbury

Appellant, Jeniffer Aloysius, challenges the trial court’s judgment, entered after a trial to the court, in favor of appellee, Mark Kislingbury, in his suit against her for breach of contract, fraud, conversion, and breach of fiduciary duties. In
2
four issues, Aloysius contends that Kislingbury lacks standing to recover in his individual capacity, the evidence is legally and factually i ... More
   $0 (08-19-2014 - TX)

United States of America v. Donald Walter, et al.

TULSA, OKLAHOMA— In a 5th Superseding Indictment, unsealed today in the United States District Court, approximately 52 members and associates of the Hoover Crips Street Gang and the Donald Walter’s Drug Trafficking Organization were charged with 238 criminal offenses, including drug conspiracy, engaging in a continuing criminal enterprise, weapon offenses, retaliating against a witness, and co ... More   $0 (08-19-2014 - OK)

State of Oklahoma v. Daren Stephen Nashburn and Melissa Sue Nashburn

Tulsa, OK - The State of Oklahoma charged Daren Stephen Nashburn and Melissa Sue Nashburn with to counts of child neglect in violation of 21 O.S. 843.5, which provides:



A. Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not ... More
   $0 (08-19-2014 - OK)

Denise Pleasant v. United States of America

In this Federal Tort Claims Act (“FTCA”) case, Plaintiffs-Appellants Denise Pleasant, Larvardis Whitman, and Chassiti Williams appeal the dismissal of their complaint against the Veterans Administration (“VA”). In their complaint, the plaintiffs assert wrongful-death and survival causes of action available under Louisiana law. The decedent, Nathan Chaney, died on May 13, 2006, in the emerg ... More   $0 (08-19-2014 - LA)

Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t ... More
   $0 (08-19-2014 - MI)

United States of America v. Anthony Gadson

Anthony Gadson and Willie Wilson appeal their
convictions for conspiracy to distribute more than 500 grams
of cocaine, possession with intent to distribute controlled
substances, and possession of firearms in furtherance of their
conspiracy and possession of controlled substances. Wilson
also appeals his conviction for retaliation against a witness.
On appeal, they challeng ... More
   $0 (08-19-2014 - AK)

Alberto Martinez Molina v. Eric H. Holder, Jr.

A husband and wife, Mr. Alberto Martinez Molina and Ms. Cristina Ramirez
Rivera, are Mexican citizens subject to final orders of removal from the United States.
After an immigration judge declined to cancel their removal orders, Mr. Martinez and
Ms. Ramirez filed a motion to reopen based on ineffective representation of counsel.
With the motion, Mr. Martinez and Ms. Ramirez submitt ... More
   $0 (08-19-2014 - CO)

Adelina Garcia, et al. v. Tyson Foods, Inc.

A group of employees filed class and collective actions against Tyson
Foods, Inc., seeking unpaid wages for time spent on pre- and post-shift activities.
10
After the employees obtained a sizeable verdict and fee award,1 Tyson
unsuccessfully moved for judgment as a matter of law. On appeal, Tyson: (1)
challenges the judgment and denial of the motion for judgment as a matter of ... More
   $0 (08-19-2014 - KS)

Lanava Lansdale and Melinda Wood v. John Morgan

Lanava Lansdale and Melinda Wood v. John Morgan

COME NOW the Plaintiffs, Lanava Lansdale, individually, and Melinda Wood, individually, and for their cause of action against the Defendant, John Morgan, allege and states as follows:
1. That the Plaintiff, Lanava Lansdale, is a resident of Oklahoma City, Oklahoma County, State of Oklahoma; that the Plaintiff, Melinda Wood, is a resident ... More
   $1 (08-19-2014 - OK)

United States of America v. Ricky Lee Coleman, Jr.

NASHVILLE, TN - Ricky Lee Coleman, Jr., 41, of Antioch, Tennessee was sentenced on August 11, 2014, to 92 months in prison in connection with a scheme that defrauded more than 2,500 individuals, announced David Rivera, U.S. Attorney for the Middle District of Tennessee. Coleman’s sentence also includes 3 years of supervised release following his prison sentence and he was ordered to pay more th ... More   $0 (08-19-2014 - TN)

United States of America v. Jarrod Jamiel Williams, et al.

DALLAS, TX — Four Dallas-area individuals, along with a defendant from Georgia, who were convicted for their roles in a mortgage fraud scheme that caused more than $3 million in losses to lenders, have been sentenced, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

On Friday, August 15, Jarrod Jamiel Williams, 35, most recently of McKinney, Texas, was senten ... More
   $0 (08-18-2014 - TX)

Four Thousand Thirty Dollars U.S. Currency ($4,030.00) v. The State of Texas

This is a civil forfeiture proceeding under Chapter 59 of the Code of Criminal Procedure.1 Appellant Miguel Angel Valdez appeals a summary judgment decreeing forfeiture of $4,030.00 to appellee the State of Texas. Through a single issue, Valdez argues the trial court erred by not dismissing the case on grounds of standing and capacity. Finding the contention without merit, we will affirm.
1 TE ... More
   $0 (08-18-2014 - TX)

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