Houston Case Law Monitor
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HARRIS COUNTY CIVIL COURTS AT LAW

CCCL#1   Hon. R. Jack Cagle
CCCL#2   Hon. Jacqueline Lucci-Smith
CCCL#2   Hon. Gary Michael Block (former judge)
CCCL#3   Hon. Linda Storey
CCCL#3   Hon. Lynn Bradshaw-Hull (former judge of this court)
CCCL#4   Hon. Roberta Anne Lloyd

HARRIS COUNTY PROBATE COURTS (see --> probate court cases)

Probate Court No. 1: Judge Georgia Akers
Probate Court No. 2: Judge Mike Wood
Probate Court No. 3: Judge Rory R. Olsen
Probate Court No. 4: Judge William C. McCulloch

HOUSTON CIVIL DISTRICT COURTS AND JUDGES

11          Judge Mark Davidson  
55          Judge Jeff Brown aka Jeffrey Vincent Brown (formerly)
55          Judge Jeffrey A. Shadwick (appointed January 2, 2008)
61          Judge John Donovan
80          Judge Lynn M. Bradshaw-Hull
80           Judge Kent Sullivan (former judge of this court)
113         Judge Patricia Ann Hancock
125         Judge John A. Coselli
127         Judge Sharolyn P. Wood
129         Judge S. Grant Dorfman
133         Judge Lamar McCorkle
151         Judge Caroline E. Baker
152         Judge Kenneth P. Wise aka Ken Wise
157         Judge Randy Wilson aka Randall William Wilson
164         Judge Martha Hill Jamison
165         Judge Elizabeth Ray
189         Judge Bill Burke
190         Judge Patricia Jean Kerrigan (appointed Dec. 21, 2007)
190         Judge Jennifer Elrod aka Jennifer Walker Elrod  (former)
215         Judge Levi Benton
234         Judge Reece Rondon aka Mauricio Rondon
234         Judge Bruce Oakley (former judge of this court)
269         Judge John T. Wooldridge
270         Judge Brent C. Gamble
280         Judge Tony D. Lindsay
281         Judge David Bernal aka David Jorge Bernal
295         Judge Tracy E. Christopher
333         Judge Joseph James Halbach Jr.
334         Judge Sharon McCally

HARRIS COUNTY FAMILY LAW CENTER
Family District Courts with Names of Presiding Judges

245th District Court     Judge Annette Kuntz (pka Galik)
246th District Court     Judge Jim York
247th District Court     Judge Bonnie Crane Hellums
257th District Court     Judge Judy Warne
308th District Court     Judge Georgia Dempster
309th District Court     Judge Frank Rynd
310th District Court     Judge Lisa Millard
311th District Court     Judge Doug Warne
312th District Court     Judge David Farr (new judge)
312th District Court     Judge James D. Squier (resigned)
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RECENT CASES FROM THE HOUSTON COURTS OF APPEALS

Burris and Wheelchair & Scooter Express, LLC v. Metro of Harris County (Tex.App.- Houston [1st Dist.]
Aug. 14, 2008)(Keyes) (inverse condemnation case, taking, ingress easement, no material and substantial
impairment of access to store) (court concludes, as a matter of law, that the impairment of access at issue in
case does not rise to the level of material and substantial and therefore appellants' claims are not compensable.)
Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)
(TTCA, HCLC, discovery rule does not apply to notice requirement under Texas Tort Claims Act, no tolling)
Benefield v. State of Texas (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland)
(quo warranto proceeding, receivership, interlocutory appeal, orders granting a temporary injunction and
order appointing receiver reversed)
ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)
(arbitration, whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact)
ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft) (arbitration
mandamus denied) (see companion interlocutory appeal disposed of in same opinion)
In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings)
(criminal contempt of court, family court judge's capias order found void in its entirety, habeas corpus relief
granted) Opinion by Justice Terry Jennings  
In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings)
(criminal contempt of court, family court judge's capias order found void in its entirety, habeas corpus relief
granted)

Clear Lake City Water Authority v. Kirby Lake Development (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)
(Hedges) (local governmental entity, no breach of contract in connection with voter rejection in bond election,
governmental immunity claim rejected, statutory waiver applies)
In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges)
(forum selection clauses ambiguous due to inconsistency in documents, not enforced by trial court, appeals
court denies mandamus)

Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley)
(dispute over estate, no breach of contract, deed, undue influence, testamentary capacity)
Barton v. Whataburger, Inc. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Bland)
(workplace safety, murder not forseeable, no employer negligence liability)
In the Matter of B.W. (Tex. App.- Houston [1st Dist.] July 31, 2008)(Jennings) (juvenile case, prostitution)
Pouncy Pittman v. Pappas Restaurants (Tex.App.- Houston [1st Dist.] July 31, 2008)(Hanks)
(shooting in front of restaurant, crime not forseeable, no liability, motion for continuance MFC, due diligence
in seeking discovery, admission of evidence)
Tran v. Trinh (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings)
(claim of breach of partnership agreement, jury found no partnership agreement, effect of failure to file request
for partial record, UDJA attorney's fees)
Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings)
(auto PI, death, negligence, wrongful death, man running into freeway, no time to swerve, NE-SJ properly
granted, failure to preserve error)
CenterPoint Energy Houston Electric LLC V Bluebonnet Drive, Ltd. (Tex.App.- Houston [1st Dist.] July 31,
2008) (Radack) (interpretation of easement, new cell phone technology vs. telephone and telegraph wires in
1929)
Jackson v. City of Texas City (Tex.App.- Houston [1st Dist.] July 24, 2008)(Keyes)
(public employment, discharge from fire department, dismissal, civil service commission)
Dissenting Opinion by Justice Alcala
Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland)
(divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following
nonsuit)
Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP)
Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC
(Tex.App.- Houston [1st Dist.] July 24, 2008)(Nuchia) (special appearance, foreign defendant)
Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings)
(suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-SJ)
Pessarra v. Seidler (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)
(guardianship proceeding, no authority to file appeal)
American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17,
2008)(Keyes)(indemnification for attorney's fees, establishing reasonable and necessary amount of fees)
City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks)
(City of Houston litigation, public employment, firefighters and policemen, disciplinary action,
plea to the jurisdiction against city proper, DJA not available here)
Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion
to dismiss, interlocutory appeal, timeliness of service of citation and expert report, defendant not a party prior
to being served)
Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)
(arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied)  
(guardianship proceeding, no authority to file appeal)
American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17, 2008)(Keyes)
(indemnification for attorney's fees, establishing reasonable and necessary amount of fees)
City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks)
(City of Houston litigation, public employment, firefighters and policemen, disciplinary action,
plea to the jurisdiction against city proper, DJA not available here)
Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion
to dismiss, interlocutory appeal, timeliness of service of citation and expert report, defendant not a party prior
to being served)
Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes)
(arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied)
The University of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (Higley)
(jury award in Whistleblower suit reversed, case remanded for retrial)
Dissenting Opinion by Justice Alcala  
Dadi v. Atlas Rehab Group, Inc. (Tex.App.- Houston [1st Dist.] July 3, 2008)(Alcala)
(no further appeal from de novo review of small claims court judgment in county court)
TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3,
2008)(Bland) (confirmation of arbitration award against nonparty was error)
TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3,
2008)(Bland) (restricted appeal, order confirming arbitration award)
Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia)
(credit card suit by assignee against consumer, deemed admissions, sufficiency of summary judgment proof,
breach of contract and quantum meruit exclusive of each other)
Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings)
(real estate law, easement dispute, validity)
Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft)
(disciplinary matter, jurisdiction re: disbarment where criminal conviction was overturned)
Concurring Opinion by Justice Jennings
In re Lamar (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam denial, interlocutory appeal available,
special appearance)
July 15, 2008 A different result on rehearing en banc in appeal from personal injury suit against firefighter who
caused collision with fire truck; immunity defense rejected. Green vs. Alford (Tex.App.- Houston [14th Dist.]
2008) (Opinion on en banc rehearing by Guzman) (personal injury PI liability for fire truck collision, accident,
reckless conduct not protected by official immunity doctrine)
July 3, 2008 - First Court of Appeals reverses jury award in whistleblower case against UH
Oral Motion for Continuance Insufficient In the Interest of TDN (Tex.App.- Houston [14th Dist] June 26,
2008)(Frost) (