Decisions

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Tex. App. Dist. 6

Conway v. Shelby

The appellant challenges a temporary injunction enjoining him from entering onto a farm in DeKalb in which the opposing party has partial ownership and/or removing property therefrom, among other things. The procedural requirements of Texas Rule of Civil Procedure 683 are mandatory and must be strictly followed. The injunctive order did not set the case for trial on the merits. The trial court's order is reversed, the injunction is dissolved, and the case is remanded. Texarkana Court of Appeals, No. 06-13-00091-CV, 03-13-2014

Practice Areas: Appellate Law - Civil

Tex. App. Dist. 5

Greystar, LLC v. Adams

The appellant argues it was not properly served. Because the record shows the person who accepted service was not the entity stated on the citation, the service of process is fatally defective. The trial court's judgment is reversed and remanded. Dallas Court of Appeals, No. 05-13-00162-CV, 03-18-2014

Practice Areas: Appellate Law - Civil

Tex. App. Dist. 5

Ellis v. Renaissance on Turtle Creek Condominium Association, Inc.

The appellant challenges the trial court's summary judgment against him on a counterclaim by the appellee, a condomium association, pertaining to foreclosure of a lien on a condominium unit. Arguments raised in a summary judgment response do not constitute evidence and cannot raise a fact issue. An attorney's affidavit in support of fees that included paralegal costs was adequately supported by a list of specific tasks performed by the attorneys and paralegals, and, furthermore, the affidavit on its face, does not show that any of the "reasonable and necessary" fees described by him pertain to work performed by legal assistants. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-12-01435-CV, 03-18-2014

Tex. App. Dist. 5

Reese v. General Assembly of Faith Cumberland Presbyterian Church in America

A church pastor brought suit against a church alleging breach of contract and intentional infliction of emotional distress. The trial court granted the church's plea to the jurisdiction. Hosanna-Tabor held that the First Amendment precludes application of the employment discrimination laws to claims concerning the employment relationship between a religious institution and its ministers. That preclusion extends to these claims. The trial court's order is affirmed. Dallas Court of Appeals, No. 05-12-01303-CV, 03-14-2014

Practice Areas: Constitutional Law

COURT OF APPEALS OF TEXAS FIFTH DISTRICT DALLAS

COLLECTIVE ASSET PARTNERS LLC, Appellant v. MICHAEL KEN SCHAUMBURG AND SCHAUMBURG ARCHITECTS, P.C., Appellees

The trial court granted summary judgment in favor of the defendant in this suit alleging, inter alia, misrepresentation concerning the sale of a property. The defendant is an architect who had a business relationship with the appellants. There were two documents setting forth the parties' relationship concerning the property: an Unimproved Property Contract providing meerely that the contract is contingent on the execution of a joint venture to develop or sell the property within five days, and a memorandum of understanding best characterized as a profit-sharing agreement. Neither agreement discusses professional services. The assertion that the defendant owed a duty is without merit. The statement that the property was able to be developed was true, and cannot be the basis of an alleged fraud claim. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-13-00040-CV, 04-11-2014

Practice Areas: Torts

COURT OF APPEALS OF TEXAS EIGHTH DISTRICT EL PASO

MARK DAVIS, Appellant, v. NORMA CHAPARRO, Appellee.

The appellant challenges the trial court's finding of breach of contract in this case involving an attorney's hiring of a translator. When an attorney contracts third-party services on behalf of a client without specifying his agency status, the attorney may assume special liability for payment of the services. Absent an express disclosure of the attorney's agency status at the time the contract with the translator was formed, the evidence supports an implied finding that the appellant expressly or impliedly assumed special liability and is responsible for payment of the contract. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-12-00067-CV, 04-11-2014

Practice Areas: Contracts

COURT OF APPEALS OF TEXAS FIFTH DISTRICT DALLAS

NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, VALLEY FORGE INSURANCE COMPANY, AND CONTINENTAL CASUALTY COMPANY, Appellants v. CE DESIGN, LTD., AND PALDO SIGN AND DISPLAY COMPANY, Appellees

The trial court granted the appellees' special appearances and dismissed them from the underlying declaratory judgment action. Appellees serve as representatives of a nationwide class consisting of approximately 143,000 class members. That a class member may reside in a state does not subject a class representative of a nationwide class to personal jurisdiction as a defendant in an insurance coverage suit filed by a third party in that state. The trial court's order is affirmed. Dallas Court of Appeals, No. 05-13-00720-CV, 04-18-2014

Practice Areas: Appellate Law - Civil

COURT OF APPEALS OF TEXAS FIFTH DISTRICT DALLAS

GID PORTER, Appellant v. SOUTHWESTERN CHRISTIAN COLLEGE, JACK EVANS, AND HERBERT EVANS, Appellees

The trial court granted summary judgment to the defendants on the plaintiff's claims of slander, conspiracy, and intentional infliction of emotional distress. The no-evidence motion on slander is limited to the issue of damages. General damages are presumed on a defamation per se claim. An inference of malice may be supported by the repetition of a false statement when its truth or falsity was peculiarly within the knowledge of the speaker. The trial court's judgment is affirmed in part, and reversed and remanded in part. Dallas Court of Appeals, No. 05-12-01737-CV, 04-07-2014

Practice Areas: Torts

5th Cir.

NCDR, L.L.C. v. Mauze & Bagby, P.L.L.C.

The district court determined that a Texas law firm's speech fell within the commercial speech exemption to the Texas Citizen's Participation Act. The firm advertised to solicit former patients of the appellee, a national chain of dental clinics. The district court's order denying TCPA relief is conclusive for purposes of the collateral order doctrine. The denial of a TCPA motion to dismiss satisfies the collateral order doctrine's separability requirement and would be effectively unreviewable on appeal from a final judgment. The Texas Supreme Court would most likely hold that the firm's ads and other client solicitation are exempted from the TCPA's protection because the firm's speech arose from the sale of services where the intended audience was an actual or potential customer. The district court's order is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-41243, 03-11-2014

Practice Areas: Torts