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Decision Date

August 26, 2008
Appellant, James Patrick Faulk, pleaded guilty, without an agreed recommendation as to punishment with the State, to the felony offense of possession of a controlled substance with intent to deliver a controlled substance, namely cocaine. After a pre-sentence investigation hearing, the trial court sentenced appellant to confinement for 10 years. Appellant filed a notice of appeal. We affirm... Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error,...  
August 26, 2008
Appellant, Marcus Jackson, pleaded guilty to the offense of murder and, in accordance with the plea bargain agreement with the State, the trial court sentenced appellant to confinement for 50 years. Along with the plea, appellant, appellant's counsel, and the State signed a stipulation of evidence which included, among others, the following statements: "I intend to enter a plea of guilty and understand that the prosecutor will recommend that my punishment should be set at 50 years TDCJ; I...  
August 26, 2008
A jury convicted Edgar Badillio Merlos of the sexual assault of his seventeen year old daughter and assessed punishment at imprisonment for ten years, one month and a $10,000 fine. Merlos appeals, asserting in five issues the trial court erred by refusing his request for a hearing to determine the qualifications and reliability of the State's expert witness, overruling his objections to qualifications and reliability of the expert's testimony, and admitting extraneous offense evidence when the...  
August 26, 2008
This case involves an ad valorem tax dispute. In administrative proceedings before the Dallas County Appraisal Review Board (the "ARB") and again in the trial court, Alaska Flight Services, LLC ("AFS") challenged the State of Texas's jurisdiction to tax one of AFS's business aircrafts (the "Aircraft") for tax year 2002. The trial court rendered judgment in favor of the Dallas Central Appraisal District ("DCAD") and the ARB, concluding AFS did owe property taxes...  
August 26, 2008
In this appeal from a jury conviction for theft from a person, we must decide whether the trial court reversibly erred in excluding evidence that the complaining witness was a prostitute. For the reasons set out below, we conclude the evidence was admissible and its exclusion substantially harmed appellant. We therefore reverse the trial court's judgment and remand for further proceedings... Charles Korey Thomas was charged with aggravated robbery after Telena Pedford accused him of taking $30...  
August 26, 2008
This case arises from misuse of corporate property to collateralize a personal real estate transaction. The trial court granted a traditional summary judgment in favor of the corporate property owners, Morningside Property Co. ("Morningside") and NTFN Inc. ("NTFN") and awarded attorney's fees. In three issues, Max Duncan Family Investments, Ltd. (Duncan), the entity attempting to foreclose on the real estate lien, contends (1) Morningside and NTFN were not entitled to void the...  
August 26, 2008
Merlyn Knapp appeals the trial court's final judgment. After a trial, the jury found against Knapp on his claim for breach of contract and in favor of the Wilson N. Jones Memorial Hospital d/b/a Wilson N. Jones Regional Health System (WNJ) on its counterclaims for breach of contract, breach of fiduciary duty, fraud, and negligence. WNJ was awarded $101,569 in damages, $ 939,000 in attorneys' fees, and $30,074.72 in prejudgment interest... In six issues1 Knapp argues: (1) the evidence is legally...  
August 26, 2008
Appellant's brief was due by June 27, 2008. When appellant had not filed his brief by July 8, 2008, we sent a letter to appellant directing him to file a brief within ten days or the appeal would be dismissed. Nevertheless, to date, appellant has not filed a brief and has indicated by a filed notice that he waives the filing of a written brief... Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b)...  
August 26, 2008
Appellant's brief was due by June 27, 2008. When appellant had not filed his brief by July 8, 2008, we sent a letter to appellant directing him to file a brief within ten days or the appeal would be dismissed. Nevertheless, to date, appellant has not filed a brief or otherwise communicated with the Court regarding this appeal... Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b)...  
August 26, 2008
Appellant waived his right to a jury trial and was convicted by the trial court of aggravated sexual assault of a child under fourteen years of age. The trial court sentenced appellant to seven years' incarceration and assessed a $2,000 fine. In five issues, appellant challenges the trial court's judgment, contending (1) the trial court erred by denying appellant's request to reopen the evidence; (2) the trial court applied erroneous decisional criteria that altered the State's burden of proof;...  
August 26, 2008
The indictment charged Steven Kirk Mendenhall with aggravated sexual assault of a child and the lesser included offense of indecency with a child. A jury convicted appellant of aggravated sexual assault of a child and sentenced him to six years in prison. In his first two issues on appeal, appellant argues that the evidence is legally and factually insufficient to support the conviction. In his next four issues, he complains about the admission or exclusion of evidence. We affirm... Legal and...  
August 26, 2008
Appellants John T. McDonnell and Ashland Brannick, L.L.C. bring this interlocutory appeal from the trial court's order granting a temporary injunction in favor of appellee, A-1 Ornamental, Inc. (A-1). In a single issue, appellants assert the trial court erred in granting the temporary injunction because there was no evidence of imminent harm or irreparable injury. Because the issues in this appeal involve the application of well-settled principles of law, we issue this memorandum opinion. See...  
August 26, 2008
Appellant's brief was due by June 10, 2008. When appellant had not filed her brief by July 8, 2008, we sent a letter to appellant directing her to file a brief within ten days or the appeal would be dismissed. Nevertheless, to date, appellant has not filed a brief or otherwise communicated with the Court regarding this appeal... Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b)...  
August 26, 2008
Appellant filed his notice of appeal on January 31, 2008 By order dated May 28, 2008, this Court granted appellant an extension of time to file his brief. Appellant's brief was due by June 27, 2008. When appellant had not filed his brief by June 27, 2008, we sent a July 9, 2008 letter to appellant directing him to file a brief within ten days or the appeal would be dismissed. Nevertheless, to date, appellant has not filed a brief... Accordingly, we DISMISS the appeal for want of prosecution....  
August 26, 2008
Appellant filed her notice of appeal on March 31, 2008. Appellant's brief was due by July 9, 2004. We sent a July 24 2008 letter to appellant directing her to file a brief within ten days or the appeal would be dismissed. Nevertheless, to date, appellant has not filed a brief... Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b)...  
August 26, 2008
In this petition for writ of mandamus, relators assert the trial court abused its discretion by signing an order requiring them to pay sanctions. They assert that the order is void because they are not parties to the proceedings below, and that they are entitled to mandamus relief because they have no adequate remedy at law. We agree that the trial court's order for sanctions is void; thus, relators are entitled to relief without showing the absence of an adequate remedy at law. Accordingly, we...  
August 26, 2008
On July 3, 2008, appellant Jurline Hollins, grandmother of K.D., filed her "Petition for Emergency Hearing to Judge Lori Hocketts Order June 9, 2008." By letter dated July 24, 2008, this Court notified appellant of concerns regarding jurisdiction over this appeal. The Court advised appellant that no June 9, 2008 order has been provided to the Court and that it was unclear whether appellant was a party to the trial court action or whether the June 9, 2008 order is a final judgment or an...  
August 26, 2008
On July 15, 2008, appellant Melissa Ann Gonzales filed a notice of appeal in this case. On July 23, 2008, we notified appellant that the $175 filing fee was due and that if appellant failed to pay the fee within ten days, the appeal would be dismissed. To date, appellant has not paid the filing fee or otherwise communicated with the Court regarding this appeal... Accordingly, we DISMISS this appeal. See Tex. R. App. P. 5, 42.3(c); Appendix to the Tex. R. App. P. (B)(1)(a)...  
August 26, 2008
The Court has before it the parties' agreed motion to remand for entry of an agreed judgment and to dismiss the appeal. We GRANT the motion as follows:... We SET ASIDE the trial court's judgment without reference to the merits and REMAND the case to the trial court for rendition of judgment in accordance with the parties' agreement. See Tex. R. App. P. 42.1(a)(2)(B)...  
August 26, 2008
On July 24, 2008, appellant Marjorie Washington filed a notice of appeal in this case. On August 1, 2008, we notified appellant that the $175 filing fee was due and that if appellant failed to pay the fee within ten days, the appeal would be dismissed. To date, appellant has not paid the filing fee or otherwise communicated with the Court regarding this appeal... Accordingly, we DISMISS this appeal. See Tex. R. App. P. 5, 42.3(c); Appendix to the Tex. R. App. P. (B)(1)(a)...  
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