by
In this parental termination case, the Supreme Court remanded this case to the court of appeals for further proceedings, holding that the court of appeals erred in finding that the evidence was sufficient to terminate Father's parental rights under Tex. Fam. Code 161.001(b)(1)(O) without addressing Father's challenge to section 161.001(b)(1)(D). The trial court terminated Father's parental rights under three grounds for termination specified in the Texas Family Code - sections 161.001(b)(1)(D), (N), and (O). On appeal, Father challenged the sufficiency of the evidence as to all three grounds. The court of appeals affirmed the trial court's order for termination based only on section 161.001(b)(1)(O). The Supreme Court remanded the case for further proceedings, holding (1) in light of In re N.G., __ S.W.3d __ (Tex. 2019), in which the Court held that due process requires an appellate court to review and detail its analysis as to termination of parental rights under section 161.001(b)(1)(D) or (e) when challenge on appeal, the court of appeals erred failing to address Father's challenge as to section 161.001(b)(1)(O); and (2) the court of appeals erred in failing to address the merits of section 161.001(d) as it relates to termination of Father's parental rights under section 161.001(b)(1)(O). View "In re Interest of Z.M.M." on Justia Law

Posted in: Family Law

by
The Supreme Court reversed the judgment of the court of appeals in part and rendered judgment dismissing Plaintiff's claims that a governmental entity breached a contractual promise to make a good faith effort to obtain authorization for a higher payment than the parties' written contract required the entity to make, holding that governmental immunity applied and that chapter 271 of the Texas Local Government Code did not waive the entity's immunity. Vizant Technologies sued the Dallas-Fort Worth International Airport Board for, inter alia, breach of contract, alleging in part that the Board failed to make a promised good-faith effort to authorize increased compensation than that set forth in the parties' contract. The Board filed a plea to the jurisdiction, asserting that governmental immunity barred Vizant's claims. The trial court denied the plea. The court of appeals affirmed the trial court's denial of the Board's plea against Vizant's breach of contract claim, holding that, while governmental immunity applied, chapter 271 of the Texas Local Government Code waived the Board's immunity against that claim. The Supreme Court reversed, holding that governmental immunity barred all of Vizant's claims against the Board and that chapter 271 did not waive that immunity. View "Dallas/Fort Worth International Airport Board v. Vizant Technologies, LLC" on Justia Law

by
The Supreme Court reversed the judgment of the court of appeals affirming the trial court's termination of Mother's parental rights, holding that the court of appeals erred in failing to review the legal and factual sufficiency of the evidence to support Tex. Fam. Code 161.001(b)(1)(D) and (E) findings as grounds for termination and in failing to address the specificity of the order under section 161.001(b)(1)(O). The trial court terminated both parents' parental rights under section 161.001(b)(1)(D), (E), and (O) and found that termination was in the child's best interest. The court of appeals affirmed, finding termination sufficient under section 161.001(b)(1)(O) but declining to review the legal or factual sufficiency of the evidence under section 161.001(b)(1)(D) or (E). The Supreme Court reversed and remanded for further proceedings, holding (1) due process requires that an appellate court detail its analysis for an appeal of termination of parental rights under section 161.001(b)(1)(D) or (E); and (2) the court of appeals erred in failing to review the trial court's order to ensure it was sufficiently specific to warrant termination under section 161.001(b)(1)(O). View "In re Interest of N.G." on Justia Law

Posted in: Family Law

by
The Supreme Court affirmed the decision of the court of appeals affirming the decision of the trial court granting summary judgment in favor of the City of Rowlett on KMS Retail Rowlett, LP's complaint alleging that the City's exercise of its eminent domain authority to take KMS's private road easement and convert it to a public road connecting several commercial retail and restaurant sites, holding that summary judgment was properly granted. Specifically, the Court held that the court of appeals did not err in concluding that (1) chapter 2206 of the Government Code, which prohibits takings for economic development purposes, did not apply to the taking in this case; (2) the City's condemnation was necessary for a constitutional public use; and (3) KMS failed to raise a fact issue as to whether the taking was fraudulent, in bad faith, or arbitrary and capricious. View "KMS Retail Rowlett, LP v. City of Rowlett" on Justia Law

by
The Supreme Court reversed in part the judgment of the court of appeals reversing the judgment of the district court affirming the conclusions of the Public Utilities Commission (PUC) that CPS Energy violated both Tex. Util. Code 54.204(c)'s uniform-charge requirement and section 54.204(b)'s prohibition of discrimination, holding that the PUC could reasonably have concluded, as it did, that CPS Energy violated the plain terms of section 54.204(b). The PUC concluded that a utility that invoices different telecommunications providers a uniform rate nevertheless violates section 54.204(b) if it fails to take timely action to ensure that all pole attachers actually pay the uniform rate it invoices. The court of appeals reversed, holding that if a telecommunications provider does not pay the rate the utility uniformly charges, any discriminatory effect is the telecommunication provider's fault, not the utility's. The Supreme Court reversed, holding that the PUC's finding that CPS Energy failed to make any serious or meaningful effort to collect from AT&T Texas was supported by substantial evidence, and the effect on Time Warner Cable was clearly discriminatory. View "Time Warner Cable Texas LLC v. CPS Energy" on Justia Law

by
In this breach of contract case filed by Employees against Employer, the Supreme Court reversed the judgment of the court of appeals affirming the trial court and rendered judgment that Employees taking nothing, holding that there was not legally sufficient evidence that would have allowed reasonable, fair-minded people to find that Employer and Employees impliedly agreed to change the compensation of Employees from payment based on hours worked to fixed annual salaries. Employees were four nurses who worked for McAllen Hospitals, L.P. (Employer). Employees were paid based on the hours they worked. In their lawsuit against Employer, Employees alleging that Employer had promised to pay them annual salaries and had breached that agreement. The jury found that the parties had agreed Employees would receive a fixed amount of pay and that Employer breached that agreement. The court of appeals affirmed. The Supreme Court reversed, holding that the evidence was legally insufficient to support the jury's finding that Employer agreed to pay Employees a fixed salary. View "McAllen Hospitals, LP v. Lopez" on Justia Law

Posted in: Contracts

by
The Supreme Court affirmed the judgment of the court of appeals finding that Petitioner waived the argument that his contractual waiver of the statute of limitations was void as against public policy, holding that the court of appeals erred in declining to reach Petitioner's argument but that, when the enforceable portions of Petitioner's contractual waiver were applied, limitations did not bar Respondent's suit against Petitioner. Petitioner guaranteed a loan secured by real property. When the borrower defaulted, Respondent Wells Fargo Bank, N.A.'s successor foreclosed on the real property securing the loan. After purchasing property at a foreclosure sale Respondent sued Petitioner to recover the deficiency. Petitioner moved for summary judgment, arguing that Respondent's claim was barred by the two-year statute of limitations for deficiency claims. Respondent moved for partial summary judgment on the grounds that Petitioner waived Tex. Prop. Code 51.003's statute of limitations when he signed the guaranty agreement. The trial court granted summary judgment for Respondent. The court of appeals affirmed, holding that Petitioner waived his public policy argument. The Supreme Court affirmed, holding (1) Petitioner contractually waived the two-year statute of limitations and that a four-year statute of limitations applied to Respondent's claims; and (2) because Respondent sued Petitioner within that four-year period, limitations did not bar the suit. View "Godoy v. Wells Fargo Bank, N.A." on Justia Law

by
In this defamation action, the Supreme Court reversed the judgment of the court of appeals and rendered judgment that the complaint be dismissed under the Texas Citizens Participation Act, holding that Respondents failed to carry their burden to survive dismissal under the Act. Respondents sued The Dallas Morning News and Kevin Krause, a writer, arguing that Petitioners defamed them and their compounding-pharmacy business venture. The News moved to dismiss the claims under the Act. The trial court denied the motion to dismiss. The court of appeals affirmed, concluding that Respondents satisfied their burden under the Act to defeat the News's motion to dismiss. The Supreme Court reversed, holding holding that that Respondents did not meet their burden under the Act to show a prima facie case for defamation, and therefore, the News was entitled to dismissal. View "Dallas Morning News, Inc. v. Hall" on Justia Law

by
In this interlocutory appeal, the Supreme Court reversed in part the judgment of the court of appeals allowing the State's money-damages claims and its ultra vires claims to proceed against the Chambers-Liberty Counties Navigation District (District) and Sustainable Texas Oyster Resource Management, LLC (STORM), holding that governmental immunity barred the State's claim for monetary relief against the District but did not bar its ultra vires claim. The District leased submerged land to STORM for oyster production. The State sued the District and STORM seeking to invalidate the lease on the grounds that Texas law affords the Texas Parks and Wildlife Department the sole power to decide who may cultivate oysters in the area. The State also sought monetary relief. The District filed a plea to the jurisdiction, asserting that the District's immunity from suit barred the State's claims. The trial court denied the plea. The court of appeals reversed the portion of the trial court's order that permitted the State to pursue an ultra vires claim against the District itself and otherwise affirmed the denial of the plea to the jurisdiction. The Supreme Court reversed in part, holding that governmental immunity barred the State's claim for monetary relief against the District but did not bar its ultra vires claim. View "Chambers-Liberty Counties Navigation District v. State" on Justia Law

by
The Supreme Court reversed the judgment of the court of appeals ruling that the Texas Commission on Environmental Quality does not have the discretion to deny an ad valorem tax exemption for heat recovery steam generators (HRSGs), devices the Legislature considers "pollution control property," holding that the Legislature did not exceed its constitutional authority in exempting pollution control property from taxation. Brazos Electric Power Cooperative, Inc. filed for an exemption seeking a positive use determination for the HRSG used in two of its facilities. The Commission's Executive Director issued negative use determinations for the applications on the grounds that HRSGs are not eligible for a positive use determination. The Commission eventually affirmed the determinations as to both facilities. The trial court affirmed. The court of appeals affirmed. The Supreme Court reversed, holding (1) under Texas Tax Code 11.31, property that qualifies as pollution control property, is entitled to a tax exemption, and HRSGs qualify, at least in part, as pollution control property; and (2) thus, assuming the applicant otherwise complies with the statute's requirements, the Executive Director may not issue a negative use determination for HRSGs. View "Brazos Electric Power Cooperative, Inc. v. Texas Commission on Environmental Quality" on Justia Law