Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

2

Hospital) (“Christusâ€�) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherineâ€�) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg... More...   $0 (08-29-2013 - TX)

We originally issued our opinion and judgment in this appeal on June 27, 2013. Appellant Edward Baldridge has moved for en banc reconsideration. We

2

withdraw our previous opinion and judgment, and issue this opinion and a new judgment in its place. We dismiss the motion for en banc reconsideration as moot.1

After Edward Baldridge’s employment was terminated by Spring Branch... More...   $0 (08-29-2013 - TX)

The question presented is whether to issue a writ of mandamus to resolve in favor of the defendants this long-lived litigation under the Alien Tort Statute (“ATSâ€�)—a statute, passed in 1789, that was rediscovered and revitalized by the courts in recent decades to permit aliens to sue for alleged serious violations of human rights occurring abroad. The statute was first deployed in 1980 again... More...   $0 (08-21-2013 - NY)

Mei-Chiao Chen Wu, Richard Hsu, Maya Hsu, and Tzyy-Wen-Hzy (“Appellants�), appealed the determination of the City of San Antonio’s Dangerous Structure Determination Board

04-10-00836-CV

(“DSDBâ€�) that an apartment building was a public nuisance. After the City demolished the building, Appellants amended their pleadings to allege an inverse condemnation takings claim against ... More...   $0 (08-14-2013 - tx)

Appellant Harris & Greenwell, LLP (“H&Gâ€�), a law firm, represented appellee Jennifer Hilliard in a proceeding to enforce alimony obligations allegedly agreed to by Jennifer’s ex-husband, Bob Hilliard. After the representation concluded, H&G sued Jennifer for her failure to pay fees and Jennifer made various counterclaims. Following trial, judgment was rendered in favor of Jennifer. H&G now c... More...   $0 (08-01-2013 - TX)

In 1992, Raymond Sandler, then an attorney at Sandler & Rosen, drafted wills for Willet Brown and his wife Betty Brown. Willet‟s will established a marital trust that was expected to generate several million dollars in annual income. The will named Betty as the marital trust‟s income beneficiary for life; upon her death, the principal of the trust was to be transferred into an Exemption Equiva... More...   $0 (08-01-2013 - CA)

This consolidated interlocutory appeal and petition for writ of mandamus arise out of the realignment of parties for purposes of trial and denial of Hale Land and Cattle Company’s motion to transfer venue. Because we conclude Hale affirmatively waived any objection to the request for

04-13-00083-CV & 04-13-00320-CV

realignment which forms the basis of its venue challenge, we overru... More...   $0 (07-31-2013 - TX)

A trial court dismissed appellant Victor Tamayo’s case by granting a plea to the jurisdiction filed by the appellee, Cameron County Sheriff Omar Lucio in his official capacity. In two issues, Tamayo argues that: (1) governmental immunity did not bar

2

his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t... More...   $0 (07-19-2013 - TX)

In this child custody and child support modification proceeding, Michael Lesem filed a motion for enforcement against his ex-wife, Liane Mouradian, after she allegedly failed to return their minor son, J.M.L., to Michael’s possession.

2

Liane filed a motion for modification and also requested that the trial court decline jurisdiction and transfer the case to Florida, where she had ... More...   $0 (07-14-2013 - TX)

¶ 1. BURGESS, J. Defendant City of Burlington Retirement System appeals from a superior court judgment reversing the City’s decision to terminate the disability retirement of plaintiff, a former City firefighter. The City contends: (1) the trial court lacked subject matter jurisdiction; and (2) its decision to terminate the benefit was reasonable and proper. We affirm.
More...   $0 (07-12-2013 - VT)

After Edward Baldridge’s employment was terminated by Spring Branch Independent School District (“District�) Police Department, he filed suit claiming

2

that the District and its Chief of Police, Chuck Brauner (Brauner, collectively with District, appellees) violated Government Code section 614.023 and sought declaratory and injunctive relief.1 The trial court denied appellantâ... More...   $0 (06-29-2013 - TX)

The National Voter Registration Act requires States to “accept and useâ€� a uniform federal form to register voters for federal elections. The contents of that form (colloquially known as the Federal Form) are prescribed by a federal agency, the Election Assistance Commission. The Federal Form developed by the EAC does not require documentary evidence of citizenship; rather, it requires onl... More...   $0 (06-17-2013 - AZ)

Hawkeye Land Company (Hawkeye) appeals from the district court ruling denying its application for a permanent injunction.1 Hawkeye seeks to prevent the city of Coralville, Iowa (Coralville) from constructing a street extension over railroad tracks in which Hawkeye claims an interest, and argues the district court erred in denying its application for injunction. Because we find that Hawkeye has an ... More...   $0 (06-12-2013 - IA)

Appellants, Darby Kyle, individually and d/b/a South Coast Roofing and Repair and South Coast Roofing and Repair, LLC (collectively, “South Coast�), challenge the trial court’s post-answer default judgment rendered in favor of

2

appellee, Alma Zepeda.1 In six issues, South Coast argues that (1) the trial court erred in denying its motion for new trial and refusing to set aside ... More...   $0 (05-23-2013 - TX)

United States citizen Fauzia Din filed a visa petition on behalf of her husband Kanishka Berashk, a citizen and resident of Afghanistan. Nine months later, the visa was denied. Consular officials informed Din and Berashk only

4 DIN V. KERRY

that the visa had been denied under 8 U.S.C. § 1182(a)(3)(B), a broad provision that excludes aliens on a variety of terrorism-related grounds. ... More...   $0 (05-23-2013 - CA)

Appellant Elite Door & Trim, Inc. (Elite) sued appellee Deidree Tapia d/b/a Tapia Construction (Tapia) in connection with Tapia’s work on a construction project, asserting multiple causes of action including breach of contract and negligence. Tapia did not answer and Elite sought a default judgment. The trial court heard evidence of Elite’s damages and signed a take-nothing judgment against El... More...   $0 (05-22-2013 - TX)

An insured sued disability insurers alleging deceptive claims handling practices in violation of the unfair competition law (UCL) based upon the insurers’ former practice of wrongfully denying benefits to some insureds. (Bus. & Prof. Code, § 17200 et seq.)1 The trial court found that the insured, who was never denied benefits, lacked standing to pursue a UCL cause of action because the insured ... More...   $0 (05-21-2013 - CA)

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak�) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt�). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,â€� which is codi... More...   $0 (05-21-2013 - TX)

In three issues, Appellant Leonard Hornsby appeals the trial court‘s summary judgment for Appellee Tarrant County College District (TCCD) and its order disqualifying his attorney, Appellant Sue Allen. In two issues, Allen

__________________

1See Tex. R. App. P. 47.4.

2

appeals her disqualification. We affirm the trial court‘s judgment as to Hornsby and we dismiss Al... More...   $0 (05-16-2013 - TX)

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More...   $0 (05-09-2013 - TX)

A lawyer is obligated to preserve the confidentiality of client information. (Bus. & Prof. Code, § 6068, subd. (e)(1); Rules Prof. Conduct, rule 3-100(A); see Evid. Code, §§ 954, 955.) As a narrow exception to this duty, a lawyer may, but is not required to, reveal confidential information relating to the representation of a client to the extent the lawyer reasonable believes the disclosure is ... More...   $0 (05-09-2013 - CA)

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.� Benito Acosta (“Acosta�) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal... More...   $0 (05-03-2013 - CA)

¶1 Appellants brought suit to enjoin the enforcement of a law, claiming that the law violated the state constitution in four respects. The district court dismissed the first two claims and rejected the second two claims on summary judgment. On appeal, we consider whether Appellants had standing to bring these claims in the first place. We hold that, although they lacked the personal injury requir... More...   $0 (03-19-2013 - UT)

After 16 years as a member of the San Francisco police force, Inspector Marvetia Lynn Richardson was terminated by the San Francisco Police Commission (Commission) for misconduct arising out of three separate incidents. Richardson filed a petition for writ of administrative mandamus in the San Francisco Superior Court seeking reinstatement, back pay, and damages. The court affirmed the Commissionâ... More...   $0 (03-15-2013 - CA)

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of... More...   $0 (03-14-2013 - TX)