WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Water/sewer district, board members’ oath of office
WATER/SEWER DISTRICT: Board members not required to file oath of office, are immune even when oppression, fraud, or malice alleged… Gilbert affirmed. [Read more…]
Attorney disqualification, real estate litigation
ATTORNEY DISQUALIFICATION: Supervisory control of Gilbert’s denial of disqualification in real estate litigation declined… order. [Read more…]
Preliminary injunction, road access dispute
PRELIMINARY INJUNCTION properly issued in road access dispute based on prima facie case that road was unabandoned county road… Gilbert affirmed. [Read more…]
Preliminary injunction stay, road access dispute
PRELIMINARY INJUNCTION stay in road access dispute pending resolution of suit against title insurer improperly issued without a hearing… Gilbert reversed. [Read more…]
Insurance, sewer line damage declaratory action, ripeness
INSURANCE: Uncertainty and unresolved facts & claims in sewer line easements suit make this declaratory action as to defend/indemnify duties unripe for summary judgment… Gilbert. [Read more…]
Property access claims
PROPERTY ACCESS claims properly disposed of on summary judgment. . . Gilbert affirmed (IOR I-3(c)). [Read more…]
Marital, un-served TRO, IRA amendment
MARITAL: Because husband did not serve wife with divorce TRO within 3 years, the TRO, although never dismissed, was rendered ineffective and he was not prohibited from amending his IRA to remove wife as beneficiary and name children as primary beneficiaries… Dayton affirmed (other grounds). [Read more…]