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Opinion Release Dates: Dec. 4, 6, 11, 13, 17, 18, 19, 20, 2007 Appeals With Signed or Per Curiam Opinions Released December 2007 Civil and Criminal Cases NOTEWORTHY DECEMBER 2007 OPINIONS IN CIVIL CASES Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Plurality opinion by Edelman)(real estate law, title, deed restrictions, restrictive covenants, commercial use, recreational use) Justice Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Concurring and Dissenting Opinion by Justice Frost) Haaksman v. Diamond Offshore (Bermuda), Ltd (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Anderson) (foreign judgment, domestication, in personam jurisdiction) Douglas v. Moody Gardens, Inc. (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Seymore) (PI workers comp, course and scope of employment, estoppel) In Re Lone Star RV Sales (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(per curiam) (plenary jurisdiction expired) Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Hedges)(government entities, regulation, declaratory judgment, UDJA) Loredana Enterprises, Inc. v. Rewards Network Services, Inc. (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Seymore) (biz litigation, BoC, personal guaranty, joint and several liability, admission of evidence, business records) Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc. (Tex.App. Houston [14th Dist.] Dec. 18, 2007) (Hedges) (real estate law, escrow funds) In Re Julius Thompson (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(per curiam) (mandamus denied, order for genetic testing) In Re Collins (Tex. App.- Houston [14th Dist.] Dec. 17, 2007)(Guzman)(role of amicus attorney limited, representation of minor in wrongful death action involving mother, dispute between surviving parent and grandparents) In re JHS (Tex.App.- Houston [14th Dist.] Dec. 17, 2007)(access to child's medical, psych. records) Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13, 2007)(Hedges) (PI personal injury settlement, third-party beneficiary, quasi-estoppel) Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore) (employment law discharge, SJ, worker's compensation retaliatoin) Graves v. Chief Mack (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Frost)(public employment, termination, discharge) Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson) (government entities sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien) DETAILS FOR CASES DECIDED BY THE 14th COURT OF APPEALS IN DECEMBER 2007 December 20, 2007 Civil Causes Decided: Rakowski v Committe to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007) (Plurality opinion by Edelman)(real estate law, title, deed restrictions, restrictive covenants, commercial use, recreational use) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Protect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County (Hon. Wayne J. Mallia) Justice Frost wrote separately in Rakowski v Committee to Protect Clear Creek Village (Tex.App.- Houston [14th Dist.] Dec. 20, 2007) (Case with concurring and Dissenting Opinion by Justice Frost) Haaksman v. Diamond Offshore (Bermuda), Ltd (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Anderson) (foreign judgment, domestication, in personam jurisdiction) REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson, Fowler and Frost 14-06-00477-CV Suzanne Elisabeth Haaksman (as beneficiary of Robert Duncan Burn Quinn) and Thomas Joseph McCartney v. Diamond Offshore (Bermuda), LTD. Appeal from 234th District Court of Harris County (Hon. Reese Rondon) Douglas v. Moody Gardens, Inc. (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(Seymore) (PI workers comp, course and scope of employment, estoppel) AFFIRMED: Opinion by Justice Charles Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00016-CV Linda Douglas v. Moody Gardens, Inc. and Transcontinental Insurance Company Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00197-CV Leonard Sharp v. Bruce Badger & Associates Appeal from 270th District Court of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00375-CV Brenda J. Branch v. Hudson & Keyse, L.L.C. Assignee of Chase Manhattan Bank Appeal from County Civil Court at Law No 1 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00737-CV Heidi Bell v. Wells Fargo Bank Appeal from County Civil Court at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00833-CV Catherine A. Caldwell and Michael C. Ingle v. Darryl L. Eitel Appeal from 164th District Court of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00864-CV Tabitha Gachiengu v. Discover Bank Appeal from County Civil Court at Law No 3 of Harris County In Re Lone Star RV Sales (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)(per curiam) (plenary jurisdiction expired) MOTION OR WRIT GRANTED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00869-CV In Re: Lone Star RV Sales Appeal from Co Ct at Law No 2 & Probate Ct of Brazoria County (Hon. Marc W. Holder) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00916-CV Donald R. Laird v. City of Houston Appeal from 125th District Court of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00927-CV James Cotton and Frontenac Homeowners Association v. Thomas Wright Appeal from 151st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before Justices Brock Yates, Edelman and Seymore) 14-06-00612-CR Tremaine Deshaie Dickson v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Fowler and Guzman) 14-06-00893-CR James Earl Cutsinger v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRMED: Price (Before Price, Chief Justice Hedges, Justice Anderson) 14-06-00967-CR Daniel Robert Northrup v. The State of Texas Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Justice Seymore (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00988-CR Oliver Jewel Stroman v. The State of Texas Appeal from 23rd District Court of Brazoria County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00813-CR Glenn Franklin Anderson v. The State of Texas Appeal from County Court of Austin County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00908-CR Oneal Green, Jr. v. The State of Texas Appeal from 177th District Court of Harris County December 19, 2007 Civil Causes Decided: In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, 2007)(Seymore)(arbitration) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore Before Justices Brock Yates, Frost and Seymore 14-07-00501-CV In Re: Weeks Marine, Inc. Appeal from 215th District Court of Harris County (Hon. Levi James Benton) December 18, 2007 Civil Causes Decided: Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Hedges)(government entities, regulation, declaratory judgment, UDJA) AFFIRMED: Opinion by Chief Justice Hedges, Dissenting Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00472-CV Supermercado Teloloapan, Inc. d/b/a Teloloapan Meat Market v. City of Houston Appeal from 80th District Court of Harris County (Hon. Kent Sullivan) Justice Edelman dissented in Supermercado Teloloapan, Inc. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Dissenting Opinion by Justice Edelman) (exhaustion of administrative remedies, exclusive jurisdiction doctrine) Loredana Enterprises, Inc. v. Rewards Network Services, Inc. (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(Seymore) (biz litigation, BoC, personal guaranty, joint and several liability, admission of evidence, business records) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00118-CV Loredana Enterprise, Inc., d/b/a Babbo Bruno and Stefano Bertolotti v. Rewards Network Services, Inc., f/k/a Idine Restaurant Group, Inc. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc. (Tex.App. Houston [14th Dist.] Dec. 18, 2007)(Hedges) (real estate law, escrow funds) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00211-CV Fedgess Shopping Centers, Ltd. v. MNC SSP, Inc.; MNC MCT, Inc.; MNC Memorial City Terrace, L.P.; and MNC Spring Shadows Place, L.P. Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod Walker) In Re Julius Thompson (Tex.App.- Houston [14th Dist.] Dec. 18, 2007)(per curiam) (mandamus denied, order for genetic testing) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Frost 14-07-01010-CV In Re Julius Thompson Appeal from 300th District Court of Brazoria County (Hon. Eric Andell, visiting judge) December 17, 2007 Civil Causes Decided: In Re Collins (Tex. App.- Houston [14th Dist.] Dec. 17, 2007)(Guzman) (amicus attorney, representation of minor in wrongful death action involving mother, grandparents vs. surviving parent, father) MOTION OR WRIT GRANTED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-07-00624-CV In Re: Russell Craig Collins Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) In re JHS (Tex.App.- Houston [14th Dist.] Dec. 17, 2007)(access to child's medical, psych. records) GRANTED IN PART AND DENIED IN PART 14-07-00937-CV In Re: J.H.S., Jr., as next friend of J.S.S. (a minor) Appeal from 387th District Court of Fort Bend County (Hon. Robert J. Kern) December 13, 2007 Civil Causes Decided: Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13, 2007)(Hedges) (PI settlement, third-party beneficiary, quasi-estoppel) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-00436-CV Allstate Indemnity Company and Allstate Property and Casualty Insurance Company v. Hadley Medical Clinic, Hampton Medical Clinic, Imperial Valley Medical Clinic, and Southwest Houston Physician Center--Appeal from Co Civil Ct at Law No 1 of Harris County (R. Jack Cagle) DISMISSED: Per Curiam (no brief filed) Before Justices Fowler, Frost and Seymore) 14-07-00405-CV In the Interest of C.S. a Child--Appeal from 308th District Court of Harris County DISMISSED: Per Curiam (nonpayment) Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00631-CV Bob Schoellkope a/k/a Robert Murray Schoellkope v. Bluebonnet Financial Assets Appeal from County Civil Court at Law No 3 of Harris County DISMISSED: Per Curiam (settlement) Before Justices Brock Yates, Fowler and Guzman 14-07-00746-CV Concord Del Rio/Ost, Ltd. v. Toysha Armstrong Appeal from 281st District Court of Harris County DISMISSED: Per Curiam (nonpayment, clerk's record) Before Justices Brock Yates, Fowler and Guzman 14-07-00785-CV In the Interest of S.J.--Appeal from 314th District Court of Harris County DISMISSED: Per Curiam (failure to pay for record) Before Justices Brock Yates, Fowler and Guzman 14-07-00788-CV In the Interest of R.E.C, M.E.C. and R.H.E.C. Appeal from 308th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Fowler and Guzman) 14-06-00224-CR Gary Lloyd Miller v. The State of Texas Appeal from 400th District Court of Fort Bend County AFFIRMED AS MODIFIED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00724-CR Tameka Nichole Martin v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Fowler (Before Justices Brock Yates, Fowler and Guzman) 14-06-01028-CR Hector Manuel Quezada v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00989-CR Anthony Patrick Benestante v. The State of Texas Appeal from 176th District Court of Harris County December 11, 2007 Civil Causes Decided: Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore) (employment law discharge, summary judgment, SJ, worker's comp. retaliation) AFFIRMED: Opinion by Justice Seymore Before Justices Anderson, Fowler and Seymore 14-06-00195-CV Mitzie Costello v. Bank of America, N.A. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Graves v. Chief Mack (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Frost) (public employment, termination, discharge) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00163-CV Elisa Graves v. Kenneth Mack, In his Official Capacity as chief of Police, and The City of Galveston, Texas Appeal from 122nd District Court of Galveston County (John A. Ellisor Jr.) Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson) (government entities sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien) REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00379-CV Saturn Capital Corporation v. The City of Houston Appeal from County Civil Ct at Law No 2 of Harris County (Hon. Lucci-Smith) In re Roberts (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00965-CV In Re Joshua Nelson Roberts Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: December 6, 2007 Civil Causes Decided: DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00020-CV James & Cheryl Dixon v. Federal National Mortgage Association Appeal from County Court at Law No 3 of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00529-CV Mavis Brewster, Individual D/B/A Precise Home Health, Inc. v. 9555 West Belt, L.P.-- Appeal from 280th District Court of Harris County This is an appeal from a judgment signed March 27, 2007. On November 26, 2007, appellant filed a motion to dismiss the appeal because she no longer desires to pursue the appeal. See Tex. R. App. P. 42.1. The motion is granted. Accordingly, the appeal is ordered dismissed. DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00694-CV Frank Hennigan v. Yolanda Faye Batts Appeal from 306th District Court of Galveston County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00724-CV Kentrin, Inc. v. Mustang Rental Services, Inc. Appeal from 127th District Court of Harris County This is an appeal from a summary judgment signed July 23, 2007. On November 26, 2007, appellant filed a motion to dismiss the appeal because it no longer desires to prosecute the appeal. See Tex. R. App. P. 42.1. The motion is granted. Accordingly, the appeal is ordered dismissed. DISMISSED: 14-07-00922-CV Quality Infusion Care, Inc., Jim Rutherford, and Linda Rutherford v. 9555 West Belt L.P.--Appeal from 164th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Edelman (Before Justices Anderson, Fowler and Edelman) 14-06-00318-CR Kenneth Wayne Butler v. The State of Texas--Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Fowler (Before Justices Anderson, Fowler and Frost) 14-06-00570-CR Cruz Joel Garcia, Jr. v. The State of Texas--Appeal from 263rd District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00988-CR Wanda Pineda v. The State of Texas--Appeal from Co Crim Ct at Law No 15 of Harris County December 4, 2007 Civil Causes Decided: Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00911-CR Andre Jacurre Chadwick v. The State of Texas Appeal from 262nd District Court of Harris County |
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