After the trial court sua sponte granted a new trial, the trial court signed an order denying the plaintiffs’ notice of nonsuit and dismissing the underlying cause with prejudice. We reverse the trial court’s order and grant the nonsuit.

Background

The appellants, who were the plaintiffs in the underlying lawsuit, sought a declaratory judgment that they were heirs of

Appellants James MacIvor and Phoenix Air Transport, Inc., (hereinafter, “MacIvor”), seek reversal of the trial court’s order refusing to compel arbitration. In opposing arbitration, appellee Zuehl Airport Flying Community Owners Association argued the parties’ arbitration agreement was unenforceable because it was part of a mediated settlement agreement incorporated into an agreed final ju

In a single issue, Appellants Daniel McDonald and Marc Wilson, guarantors of two loans by Appellee Northstar Bank of Texas (ANorthstar@) to JMW Partners, L.P. (AJMW@),[2] assert that the trial court erred by granting summary judgment in favor of Northstar. The trial court decreed (1) McDonald and Wilson jointly and severally liable for 100 percent of JMW=s 2005 loan from Northstar, and (2) McDona

Defendant-Appellant Menu Maker Foods, Inc. (MMF) appeals from a jury verdict awarding Plaintiff-Appellee Monsour’s, Inc. damages for MMF’s breach of an Asset Purchase Contract. Both parties were food wholesalers. Monsour’s experienced financial difficulty and sought to refocus its business on the sale of produce. MMF sought an opportunity to expand its sales into a new market area. MMF agree

Robert McBride entered into a three-year Employment Agreement with Market Street Mortgage Company (Market Street) in which it agreed to pay him $230,000 in Annual Base Salary. Approximately seven months into the Agreement, Market Street sent McBride a letter informing him his salary was being reduced to $85,000. Believing he had suffered a “reduction by the Company in [his] Annual Base Salary”

This appeal is part of a long-running dispute over whether the Secretary of the Interior (the “Secretary”) properly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma. Because the Secretary has already taken the land at issue into trust, sovereign immunity precludes the relief sought by plaintiffs. Consequently, we dismiss the appeal for want of jurisdiction.

Craig McAlpine appeals the district court’s grant of summary judgment to Porsche Cars North America, Inc., Mod Works Inc., Porsche Aviation Products, Inc., Timothy Coons, and Gary Butcher (collectively “Defendants”). McAlpine alleged that Defendants committed torts against his purported property. After considering the parties’ arguments, for the following reasons, we affirm.

I. FACT

[¶1] These related appeals center on a dispute regarding the ultimate responsibility for payment of damages arising out of a serious automobile accident in which the driver of a rented car was at fault. The parties’ challenges to several judgments of the Superior Court (York County, Fritzsche, J.) require us to address the varying responsibilities of the rental company, the corporate renter, th

{1} Robert Baros (Worker) died as a result of an accident that occurred while he was working as a delivery service driver/courier for Overland Express (Employer). The Workers’ Compensation Judge (WCJ) denied workers’ compensation benefits, finding that the sole cause of the accident was Worker’s illegal use of methamphetamine and amphetamine. The issues presented in this appeal are (1) wheth

{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th

Dr. Jonathan S. McGlothan attempted to correct Tracey Wallace’s vision problems through eye surgery, but the procedure ended up causing more harm than good. Tracey and Eric Wallace brought a diversity suit against Dr. McGlothan for medical malpractice under Indiana law. After a trial on causation and damages, the jury returned a verdict for the Wallaces and awarded nearly $700,000 in damages. On

Romelle Peoples appeals the granting of motions for summary judgment filed by Genco Federal Credit Union and McDonald Recovery Service, Inc., which denied relief on all of the claims Peoples had filed against them. See Tex. R. Civ. P. 166a(c) & (i). Peoples complains that the trial court erred by granting the motions for summary judgment, that the trial court erred in denying his objections to t

The State Office of Risk Management (SORM) appeals the trial court's award of attorney's fees, stemming from the jury's verdict in favor of Mae Davis. (1) We conclude the trial court erred by ordering SORM to pay Davis's attorney's fees, and therefore, we modify the trial court's judgment to delete the award of attorney's fees, and affirm the judgment as modified.

BACKGROUND

On Novem

This is an appeal from the denial of a plea to the jurisdiction by the City of El Paso (“the City”) in a suit for declaratory relief, alleging violations of the Plaintiffs’ due process and equal protection rights. On appeal, the City raises one issue arguing the trial court erred in denying the plea to the jurisdiction of Appellees’ declaratory judgment actions since it seeks monetary reli

Very often determining which party has the burden of proof is perfunctory and does not have a great effect. In this case, we believe the burden of proof is crucial.

Buck Bryan Ramsey and his wife, Edith Elizabeth Ramsey,[1] became the owners of real property in Lamar County upon which an oil well was located, the well having been drilled pursuant to a pre-existing oil and gas

Janice Dorsey fell while riding on an escalator in a shopping mall. The district court granted summary judgment in favor of the mall owners and the company responsible for escalator maintenance. We AFFIRM.

FACTS AND PROCEDURAL HISTORY

On August 2, 2006, Janice Dorsey fell while riding on an escalator located in Northpark Mall in a suburb of Jackson, Mississippi. A time ticket showed

In three issues, Appellant Destructors, Inc. appeals the trial court=s order granting Appellee City of Forest Hill=s plea to the jurisdiction. We must determine whether the trial court had subject-matter jurisdiction to enjoin the enforcement of the municipal ordinance at issue. Because we hold that it does not, we affirm.

II. BACKGROUND

Destructors operates concrete and aspha

In this interlocutory appeal, we decide the proper deadline for filing an expert report corresponding to a defendant who is added to an existing lawsuit. Jerry Grubb, individually and as representative of the estate of Lonnie Grubb, sued Dr. Amilcar Avendano for wrongful death, negligence, and gross negligence. A year after filing the initial petition, Grubb filed an amended petition, naming Dr

Arnold Zimmerman appeals the trial court’s order granting interpleader to Cade Enterprises and directing the corporation to place the funds disputed in this action into the registry of the court. Mr. Zimmerman raises two issues on appeal: (1) whether the trial court erred by granting the complaint in interpleader; and (2) whether the trial court erred by not dismissing the complaint in interplea

Stephen Phillips appeals from the district court’s denial of his motions to conduct alternative discovery and for recusal of the district judge, and from the district court’s grant of summary judgment against him in his age discrimination action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Because the district court did not abuse its discretion in denying the

This is an appeal from a preliminary injunction (and related orders) granted to the district-court plaintiffs in their reach-and-apply action. The effect is to freeze pendente lite certain funds, now in the hands of third parties (the reach-and-apply defendants), due to one or more of the other defendants who owe, or are alleged to owe, money judgments to the plaintiffs. The background is complic

This is another case brought by Michigan trial attorney and politician Geoffrey Fieger regarding his feud with several justices of the Michigan Supreme Court. See, e.g., Fieger v. Gromek (Fieger IV), Slip Op., No. 07-2342, 2010 WL 1565484 (6th Cir. Apr. 21, 2010); Fieger v. Mich. Sup. Ct. (Fieger III), 553 F.3d 955 (6th Cir. 2009); Fieger v. Ferry (Fieger II), 471 F.3d 637 (6th Cir. 2006); Gilbert

Global NAPs, Inc. (GNAPs) appeals from entry against it of a judgment for $57,716,714 for access charges that GNAPs owed but failed to pay Verizon New England Inc. (Verizon) for services Verizon provided between 2003 and 2006. Concerned that GNAPs could not pay a judgment, Verizon also successfully brought counterclaims alleging alter ego liability and disregard of the corporate form against GNAPs

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th

Defendant Joyce G. Blohm, and her now-deceased husband, Homer, granted a mineral deed to the Miller Brothers Oil Corporation in 1983 for a term of twenty years, or as long thereafter as gas or oil were “being produced” or “capable of being produced from wells drilled during the 20 year term.” It is undisputed that no qualifying well was drilled on the Blohms’ property during the twenty-y