We deny appellees' motion for rehearing. However, we withdraw our opinion and judgment of July 26, 2007 and issue this opinion in their stead... The issue presented by this appeal is whether a lessee validly exercised a purchase option before being notified by the lessor that the lessee was in default on the lease. We also consider whether a lessee can validly exercise a purchase option despite being in default of the lease. We hold that (1) the lessee validly exercised the purchase option...  

The parties have filed a joint motion, in which they ask this Court to set aside the trial court's judgment and remand the case to the trial court for rendition of judgment in accordance with the parties' settlement agreement. See Tex. R. App. P. 42.1(a)(2)(B). No opinion has issued. Accordingly, we grant the motion, set aside the trial court's judgment, and remand the case to the trial court for rendition of judgment in accordance with the parties' agreement. Id... All other pending motions in...  

Appellant, Ashton Joel Carmen, appeals from a judgment convicting him for the murder of his father, Reginald Carmen. See Tex. Penal Code Ann. § 19.02 (Vernon 2003). Appellant pleaded not guilty, was found guilty by the jury, and assessed 50 years in prison by the jury. In his sole issue, appellant contends the trial court erred by denying his request for a jury instruction on self-defense. We conclude the trial court committed harmful error by refusing to instruct the jury on the law of...  

Top Design, Incorporated ("TDI") sued Bruns for breach of an employment, noncompetition agreement. The trial court initially granted an ex parte temporary restraining order, which set a time and date for a hearing on the motion for temporary injunction and set a bond at $5,000. After a hearing, the trial court issued a temporary injunction which restrained Bruns from certain professional activities "in violation of his non-compete agreement." Although the temporary injunction...  

Appellant, Kenneth Bustos, was charged with possession with intent to deliver 4 to 200 grams of cocaine. After his motion to suppress was denied, appellant pleaded guilty to the charge and the trial court assessed punishment at eight years' confinement. In a single point of error, appellant challenges the denial of his motion to suppress. We affirm... BACKGROUND... On September 7, 2006, narcotics officer P. McIntyre was conducting surveillance in a Houston area known for drug trafficking....  

On October 29, 2008, appellant, Jose Zuniga, filed a motion to dismiss this appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a)... We have not yet issued a decision. Accordingly, we grant the motion and dismiss the appeal... We dismiss any pending motions as moot... We direct the Clerk of this Court to issue the mandate. Tex. R. App. P. 18.1...  

Appellant, Leah D. Monroe, pleaded guilty to possession with intent to deliver cocaine weighing more than 400 grams,1 and the trial court assessed punishment at 15 years in prison. In a sole point of error, appellant argues that the trial court "erred in assuming the existence of an unproved extraneous factor in determining the sentence."... We affirm... Background... During a traffic stop on May 6, 2006, appellant, a guard for the Texas Department of Corrections, consented to a search...  

In this interlocutory appeal, appellant, Mark Donaho, appeals from the trial court's order granting a temporary injunction in favor of appellee, King Wade Bennett. Bennett, acting individually and derivatively on behalf of MagiCon, LLC, filed suit against Donaho, asserting causes of action for breach of fiduciary duty, fraud, tortious interference with current and prospective business relations, and conversion. Bennett sought damages for himself "and/or MagiCon, LLC." Bennett sought,...  

On November 5, 2008, appellant, John Joseph Harrington, filed a motion to dismiss this appeal. The motion complies with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 42.2(a)... We have not yet issued a decision. Accordingly, we grant the motion and dismiss the appeal... We dismiss any pending motions as moot... We direct the Clerk of this Court to issue the mandate. Tex. R. App. P. 18.1...  

A jury convicted appellant, Nicholas Wilford Diedrick, of aggravated sexual assault of a child younger than 14 years of age and assessed punishment at 23 years in prison. See Tex. Penal Code Ann. § 22.021(a)(1)(B)(i), (a)(2)(B) (Vernon 2003). We determine whether appellant preserved his challenge that he was deprived of effective assistance of counsel by the trial court's improperly limiting his voir dire and whether appellant was deprived of effective assistance of counsel by his trial...  

By petitions for writs of mandamus, prohibition, and injunction, relator Dennie Bruns challenges the trial court's July 2, 2008 order transferring venue to DeWitt County and seeks to prohibit both the DeWitt County trial court and real party in interest, Top Design, Inc., from taking any action on the underlying litigation presently pending in that county... In our modified opinion on the interlocutory appeal arising from the underlying case, we vacated the July 2, 2008 order, which transferred...  

The City of Houston appeals the trial court's order denying its plea to the jurisdiction in a suit for breach of contract brought by appellees, Southern Electrical Services, Inc. (SES), and the Morganti Group, Inc. (Morganti) against the City. The City contends that the trial court erred in denying its plea to the jurisdiction because SES and Morganti failed to allege facts in their pleadings which would bring the claim within the waiver of governmental immunity that Sections 271.151-160 of the...  

Appellant, Joseph Denver Smith, appeals from a judgment convicting him of indecent exposure, for which he was sentenced to 180 days in jail, suspended for 18 months of community supervision, and fined $500.00. See Tex. Penal Code Ann. § 21.08 (Vernon 2003). In his sole issue, appellant asserts that the trial court erred by denying his motion to quash because the information is fundamentally defective for failing to allege, with reasonable certainty, the acts relied upon to constitute...  

The trial court established Fahren Fallon Favien's paternity and child support obligation by an agreed order signed in 2003. Favien attempts to appeal from the 2003 agreed judgment. We dismiss the appeal for want of jurisdiction... Background... On April 22, 2003, the trial court signed an agreed judgment establishing Favien's paternity and parent-child relationship, setting conservatorship, and ordering current and retroactive child support.1 On April 29, 2005, the trial court enforced the...  

A jury found Jason Edward McMaster guilty of capital murder. Because the State chose not to seek the death penalty, the trial court imposed a sentence of life imprisonment. McMaster appeals his capital murder conviction, contending that (1) the trial court erred in allowing the State to pose a hypothetical to its expert that varied from the facts actually proven in the case, (2) his trial counsel failed to preserve erroneous evidentiary rulings for appeal, and thus rendered ineffective...  

This appeal concerns whether appellant, Kimberly Bozeman, the deceased's mother and an heir, received proper notice before the trial court approved the Account for Final Settlement (the Account) of the estate of her son, Rein Henderson. Bozeman contends the trial court erred by approving the Account because Bozeman was not properly served with citation or given adequate notice as required by the Texas Probate Code and the Due Process Clause of the United States Constitution. We conclude...  

Charlene Carter appeals the trial court's dismissal order, rendered on its granting of the City of Galveston's jurisdictional plea. Carter contends that the trial court erred in granting Galveston's plea because a premises defect on property owned by Galveston caused Carter's injuries, a claim from which Galveston is not immune. Carter further contends that the trial court improperly considered evidence submitted by Galveston. We conclude that the trial court properly granted the plea and...  

We deny appellee's motion for rehearing. See Tex. R. App. P. 49.3. We withdraw our October 9, 2008 opinion, substitute this opinion in its place, and vacate our October 9, 2008 judgment... Appellant, Ann Mercadel Garcia, challenges the trial court's September 4, 2007 order, which, in accordance with a jury verdict, appointed appellee, Robert E. Harding, as joint managing conservator with the exclusive right to establish the primary residence of the minor child of Garcia and Harding.1 In two...  

Appellant, Jacob Eguia, appeals from a judgment convicting him for capital murder for causing the death of Ruby Elaine Garcia and her unborn child during the same criminal transaction. See Tex. Pen. Code Ann. §§ 19.02(b)(1), 19.03(a)(7)(A) (Vernon Supp. 2008). Appellant was sentenced to life in prison, which was the only possible sentence since the State did not seek the death penalty. See id. § 19.03(a)(7)(A). In twelve issues, appellant contends that the evidence is legally and...  

On August 28, 2008, we abated the above-referenced cases and ordered a hearing in the trial court. Among the issues the trial judge was to consider was whether appellant desired to prosecute these appeals. The trial court conducted a hearing on September 25, 2008, and a reporter's record of that hearing has been filed with the Clerk of this Court. During the hearing, appellant stated to the Court that he did not wish to pursue his appeals, and the trial court made a finding that "Mr....