Killam Ranch Properties Motion for En Banc Reconsideration is granted. We withdraw our May 11, 2011 opinion and judgment and issue this opinion and judgment in its place.

This appeal arises from Killam Ranch Properties, Ltd.’s (“Killam”) claim that Webb County violated the Texas Local Government Code and the Texas Open Meetings Act when it sold county-owned acreage and easements to Kh

Plaintiffs are six individuals who suffered catastrophic, traumatic brain injuries as the result of automobile accidents. They seek payment of nofault insurance benefits for the cost of home attendant care services they have received. As plaintiffs’ first-party insurer, defendant State Farm Mutual Automobile Insurance Company (“State Farm”) initially paid benefits at the rates plaintiffs req

In this property action, defendant Res-Care Premier, Inc. appeals as of right from the trial court’s grant of summary disposition to plaintiffs, Scott and Jeanne Woodbury, and Center Woods, Inc., concluding that Center Woods has the right of first refusal to purchase the property known as 2 Center Woods, and that defendant Ruth Averill failed to provide sufficient notice to Center Woods, as cert

Defendant appeals as of right the trial court’s order granting plaintiff’s request to change the domicile of their minor child from Michigan to Windsor, Ontario. We affirm.

I. BASIC FACTS

Plaintiff and defendant never married and had a child (a son) together, who was born on September 19, 2005. At around the time that the child was born, plaintiff and defendant stopped dating. Si

Barbara Solley filed suit for conversion, slander of title, and negligence against Navy Federal Credit Union (the Bank) after Jimmy L. Mullins, Sr., with whom she owned a house, obtained a mortgage on the house from the Bank without her knowledge. The Bank was held in default after it failed to answer Solley's complaint. After the special referee required Solley to elect the theory of damages, s

Appellee Firdosh Patel sued appellant Edward Malone under contract and tort theories, alleging that Malone reneged on their agreement to be equal partners with a third person in a new company, Prescendo Consulting, LP. The trial court entered judgment in favor of Patel on the jury’s verdict, and Malone appeals that here. By conditional cross-appeal, Patel challenges the trial court’s granti

Kenneth Akers sued Cherry Street M R I, Inc., Barbara Goin and and Dr. Brett Kolman on medical negligence (medical malpractice) theories. Plaintiff claimed that he was injured as a result of undergoing an MRI procedure at Cherry Street MRI. Plaintiff also sought relief based on a Res Ipsa Loquitir theory.

Defendants claimed that they counseled Plaintiff before performing the MRI and that

This appeal is the latest chapter in litigation spanning more than two decades regarding title to a 927.822-acre tract of land and its minerals. Our 2007 opinion, Steele v. McDonald, No. 10-05-00266-CV, 2007 WL 2200008 (Tex. App.—Waco Aug. 1, 2007, pet. denied) (mem. op.), provides a background of the dispute (the first lawsuit), which resulted in a settlement in 2005 and entry of a final judgme

[¶1] John Mitton appeals from a decision of a Workers’ Compensation Board hearing officer (Collier, HO) determining that because Mitton had received 800 weeks of permanent total incapacity benefits pursuant to the conclusively presumptive time period established in 39-A M.R.S. § 212(2)(G) (2011), the employer could prospectively take statutory offsets against Mitton’s benefits pursuant to 39

Appellant, Texas Tech University Health Sciences Center, brings this interlocutory appeal to challenge the trial court's denial of its claim of sovereign immunity filed pursuant to election of remedies provisions of the Texas Tort Claims Act.1

Finding that a governmental unit cannot use subsections 101.106(b), 101.106(e) and 101.106(f) seriatim to dismiss claims against both the governmenta

Plaintiffs-Appellees, nine children (“Named Plaintiffs”) in the custody of Texas’s Permanent Managing Conservatorship (“PMC”), acting through their next friends, filed suit under 42 U.S.C. § 1983 against three Texas officials, in their official capacities, seeking to represent a class of all children who are now and all those who will be in the State’s PMC, i.e., long-term foster car

BOUDIN, Circuit Judge. This litigation concerns a segment of the Eastern Trail in Scarborough, Maine. The Eastern Trail is a public recreational trail which is part of a network of trails running along the Eastern Seaboard. http://www.easterntrail.org. The portion of the Trail at issue in this case is over three miles long, runs through a 32-acre tract of land owned by the state of Maine, and is u

Appellant, 8100 North Freeway, Ltd. (“8100”), appeals from the trial court’s granting of a permanent injunction enjoining 8100 from operating an adult arcade without a permit. Finding no error, we affirm.

I. THE ADULT ARCADE REGULATIONS

Chapter 243 of the Texas Local Government Code authorizes municipalities such as the City of Houston (“Houston”) to regulate sexually-orien

Appellant, Albert Lee Giddens, A Professional Legal Corporation, challenges the trial court’s rendition of summary judgment in favor of appellee, Victoria Hale Risinger, in Giddens’s suit against Risinger for breach of contract. In three issues, Giddens contends that the trial court erred in granting Risinger summary judgment, Giddens raised material fact issues on Risinger’s affirmative de

This case arises out of a custody dispute. Christopher John Savoie, M.D., brought this suit on behalf of himself and his minor children against James G. Martin, III, in his individual and official capacity as both a mediator and a judge for the Twenty-First Judicial District in Tennessee; and Stites & Harbison, PLLC, the law firm that employed Martin when he worked as a courtappointed mediator in

¶1 This case presents important issues regarding the right to jury trial guaranteed by Article 2, Section 19 of the Oklahoma Constitution. The primary issue is whether this right has been violated by a juror who concealed bias against one of the parties during voir dire, and revealed such bias of his own accord after a verdict has been rendered. The second but equally important issue is the stand

After considering Appellants‘ motion for rehearing, we deny the motion but withdraw our prior opinion and judgment of December 8, 2011, and substitute the following.

In this interlocutory appeal, Appellants Town of Flower Mound, Texas; Harlan Jefferson, Town Manager; and Charles Springer, Assistant Town Manager/Chief Financial Officer (collectively, Appellants) challenge the trial court

Michael Salling rented a car from Budget Rent-A-Car at the airport in Cleveland, Ohio. He drove the car sixty-four miles in one day, refilled the fuel tank, and returned the car to the same Budget location from which he rented the car. In addition to rental and other fees that he does not dispute, he was charged a $13.99 fuel service fee that he disputes.

Salling sued in federal district co

Richard Christopher (Christopher) appeals from an order denying his petition to confirm an arbitration award. The matter went to arbitration pursuant to an underlying contract between plaintiff Washington Umberto Cinel (Cinel) and defendant Christopher and five other defendants, but several of the defendants refused to pay the arbitrator‘s fee, and the arbitrator terminated the arbitration. The

Appellants, Trudell B. Fowler and Ephfran D. Boyd, appeal the trial court’s take-nothing judgment on their trespass claim against appellee, Shannon L. Lund. We affirm.

I. BACKGROUND

The primary dispute in this case is whether the house at issue is located on property conveyed to Eliza Boyd or on an adjacent piece of property.

In 1938, a piece of property was conveyed to Eliz

Appellant City of Fort Worth appeals the trial court’s order denying its plea to the jurisdiction. We reverse and remand.

II. Factual and Procedural Background

On February 10, 2010, Fort Worth Police Officer Byrd conducted a traffic stop while on duty. Believing the driver to be intoxicated, Officer Byrd called for a DWI unit to conduct a field sobriety test. While awaiting th

This certified appeal arises out of a medical malpractice action brought by the plaintiffs, Kristy Wilcox and Timothy Wilcox,1 against the defendants, Daniel S. Schwartz, a general surgeon, and his employer, CBS Surgical Group, P.C., alleging that Schwartz negligently performed laparoscopic gallbladder surgery on Kristy Wilcox (Wilcox). The trial court granted the defendants’ motion to dismiss,

Steven C. Thorne and Laura L. Raccina entered into a stipulated marital dissolution judgment in 1999 under which Laura1 agreed to accept 16 percent of Steven‟s military retired pay starting in 2008 based on his rank and pay level at the time of the judgment. In 2010, Laura sought to set aside the judgment because she learned that courts apply the “time rule”2 for apportioning a pension‟s c

Appellants Joseph Leon Maddox, Patti Lynn Maddox, and Linda Faye Weber sued Appellees Vantage Energy, LLC and The Caffey Group, LLC, pleading causes of action for breach of contract, promissory estoppel, and negligent misrepresentation. The trial court granted summary judgment for Appellees (collectively referred to as Vantage) on all of Appellants’ claims. Appellants perfected this appeal, ch

This is a consolidated appeal following an interpleader proceeding filed by Bank of America (“the Bank”). The factual and procedural predicate is as follows. In 1998, Keiko Machida (“Machida”) opened an IRA, worth in excess of $1,500,000.00, with MBNA America Bank, which later merged with the Bank.1 Machida subsequently married Errol Rainess (“Rainess”) on August 22, 2001, and died sho