May 9, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Windermere Oaks Water Supply Corp. v. Allied World Specialty Insurance Co., 22-50218, appeal from W.D. Tex.
    • Ho, J. (Ho, Oldham, Douglas), insurance
    • Affirming summary judgment in favor of insured, holding that contractual liability exclusion does not apply to a claim for breach of fiduciary duty because of “a simple principle of law: A claim for breach of fiduciary duty is not a claim for breach of contract.”
  • Pejouhesh v. Commissioner of Internal Revenue, 22-60469, appeal from U.S. Tax Court
    • Graves, J. (Clement, Graves, Higginson), appellate jurisdiction
    • Dismissing for lack of jurisdiction appeal from a non-final order of dismissal.

Unpublished

  • Blanchard v. Via, 22-10458, appeal from N.D. Tex.
    • per curiam (Wiener, Stewart, Engelhardt), quantum meruit
    • Affirming district court’s judgment as a matter of law setting aside verdict on quantum meruit claim for services provided by plaintiff to defendant’s business in unsuccessful hopes of consummating a sale of that business.
  • U.S. v. Pierce, 22-10847, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lovington, 22-10881, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dodd, 22-30275, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Wilson), criminal, sufficiency of evidence
    • Affirming conviction of conveying false information and perpetuating a hoax concerning a biological agent.
  • Rodriguez v. Rodriguez, 22-40666, appeal from S.D. Tex.
    • per curiam (Jolly, Jones, Ho), § 1983
    • Dismissing as frivolous appeal from dismissal of § 1983 claims arising from dispute over succession to and ownership of property.
  • U.S. v. Howard, 22-40721, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Zapata-Reyes, 22-50887, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.