The city appeals from a declaratory judgment invalidating its fair notice ordinance. By adding a procedure not in Texas Local Government Code chapter 245, the fair notice ordinance effectively redefines the manner in which vested rights accrue under chapter 245. The fair notice ordinance directly conflicts with chapter 245. The trial court's judgment is affirmed. San Antonio Court of Appeals, No. 04-13-00013-CV, 11-20-2013.
ERISA plan's contractual limitations period barred employee's claim for judicial review filed within 3 years after administrative claim denial but more than three years after "proof of loss" was due (Thomas, J.)
A party appeals the trial court's denial of its motion to compel arbitration asserting the appellee failed to offer any evidence in support of its defense of waiver. The appellant substantially invoked the judicial process, but failed to show it would suffer prejudice if compelled to arbitration. The record before the trial court does not show whether any of the requested discovery went to the merits rather than to arbitrability, how much of the discovery would be useful in arbitration, or, as allowed by the arbitration clause, whether any of the discovery involved relevant, material and non-privileged documents. Finally, the appellant did not seek judgment on the merits, and all requests for trial settings were filed by the appellee. The trial court's order is reversed and remanded. San Antonio Court of Appeals, No. 04-13-00273-CV, 11-20-2013.
A city appeals the trial court's summary judgment in favor of a police officer affirming the hearing examiner's award overturning the officer's indefinite suspension and reinstating him to his former position. The city asserts that the hearing examiner exceeded his jurisdiction by "creating a new rule" concerning what constitutes "test materials" in a promotional exam, but what the hearing examiner found was that what constituted "test materials" was not defined by the Civil Service Commission. The trial court's judgment is affirmed. San Antonio Court of Appeals, No. 04-13-00172-CV, 11-20-2013.
The appellants challenge the trial court's order granting a motion to dismiss the appellants' bill of review. Texas Probate Code §40 provides that adopted children and their descendants inherit from their adoptive and biological families. Nothing in §38 excludes adopted descendants from the line of intestacy. The trial court's judgment granting the motion to dismiss for lack of standing is affirmed. San Antonio Court of Appeals, No. 04-13-00046-CV, 11-20-2013.
The relator seeks, inter alia, writs of mandamus to overturn orders of the trial court directing him to relinquish his former client's trial file to successor counsel and holding him in contempt for his failure to do so. A client owns the contents of his or her file. If the client is competent, the client's decision not to release his or her trial file is unassailable. Relief on the petition for writs of mandamus is conditionally granted. Court of Criminal Appeals, No. AP-76, 998, 11-20-2013.
The appellant challenges the district court's denial of his 28 U.S.C. §2254 application, based on his argument that counsel should have discovered mental health records and used them as mitigating evidence. Counsel was aware of the records but, like the state, gave up looking for them because the hospital had shut down. In reviewing the petitioner's claim, the state court omitted the "reasonable probability" modifier in its decision, however, the state court cited a number of Supreme Court cases applying the correct standard. The district court's denial is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-70016, 11-18-2013.