| Decisions of the Fourteenth Court of Appeals in Houston October 2007 |
Opinion Release Dates: October 2, Oct. 4, Oct. 10, Oct 11, Oct .16, Oct. 18, Oct. 26, Oct. 30, 2007 Appeals With Signed or Per Curiam Opinions Released October 2007 Civil and Criminal Cases NOTEWORTHY OCTOBER 2007 OPINIONS IN CIVIL CASES In Interest of C.A.M.M.(Tex.App.- Houston [14th Dist] Oct. 30, 2007)(Guzman) (SAPCR, nonparent custody) Concurring Opinion by Justice Frost in In Interest of CAMM Alobaidi v. UT HSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost) (public employment, retaliatory discharge) Tellez v. Allstate Texas Lloyds (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Edelman)(insurance coverage, contractual and extra-contractual claims) Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates)(employment, stock options plan, promissory estoppel) Studebaker Worthington Leasing Corp. v. Texas Shutters Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Edelman)(enforcement of foreign judgment, collateral attack) Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Seymore)(construction contract, unclean hands) Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity) Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges) (SAPCR, grandparent intervention) City of Alvin v. Zindle (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(UDJA, tax foreclosure, real estate and tax law) Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special appearance) Baltzer v. Medina (Tex.App- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(SAPCR, motion to modify) Bosch v. Provident American Life and Health Ins. Co. (Tex. App. [14th Dist.] Oct. 25, 2007)(op. on rehearing by Justice Hedges)(Insurance cancellation, coverage denial, no FoF) In Re McCormick (Tex.App.- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(divorce property division enforcement, receiver) Southtex 66 Pipeline Co. v. Spoor (Tex.App.- Houston [14th Dist.] Oct 23, 2007)(Fowler)(UDJA, easement, trespass to try title) Mohindra v. Mohindra (Tex.App. - Houston [14th Dist.] Oct. 23, 2007)(Fowler)(divorce, fault grounds, unequal division of property, retirement division) Wilson v. Aames Capital Corp. (Tex.App.- Houston [14th Dist.] Oct. 23, 2007)(Edelman) (real estate transactions, judicial foreclosure, home) Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18, 2007)(Hudson)(construction law, mechanics lien) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore) (discovery dispute) Bartee v. BCM (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Frost)(workplace injury, construction, subcontractor, dangerous condition) Greene v. Glass (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Fowler) (real estate transactions, probate law, conveyance without deed, parol gift, statute of frauds) Hardee v. Kellogg Brown & Root, Inc. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Anderson) Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman)(deadline for filing permissive interlocutory appeal) Dissenting Opinion by Chief Justice Hedges Maguire Oil Co. v. City of Houston (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore)(plea to the jurisdiction reversed, ripeness, exhaustion) Lee v. Palacios (Tex.App- Houston [14th Dist.] Oct. 11, 2007)(Seymore) Ayres Welding Co., Inc. v. Conoco, Inc. (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Edelman) (indemnity) Ghia v. AMEX (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore) Walgreen Co. v. Hieger (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report) Dissenting Opinion by Justice Seymore Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges)(employment law, retaliatory discharge, workers comp claim) In Interest of M.A. (Tex.App.- Houston [14th Dist.] Oct. 4, 2007)(Mirabal)(termination, jury trial) Glaser v. Glaser (Tex.App.- Houston [14th Dist.] Oct. 4, 2007)(per curiam)(joint motion to reverse) Armstrong v. Harris (Tex.App.- Houston [14th Dist.] Oct. 2, 2007)(Yates)(forcible detainer) Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson)(breach of contract, attorneys' fees) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN OCTOBER 2007 October 30, 2007 Civil Causes Decided: In Interest of C.A.M.M., No. 14-06-00279-CV, 243 S.W.3d 211 (Tex.App.- Houston [14th Dist] Oct. 30, 2007)(Guzman)(SAPCR, nonparent custody) AFFIRMED AS MODIFIED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00279-CV In the Interest of C.A.M.M. Appeal from 310th District Court of Harris County (Hon. Lisa A. Millard) Concurring Opinion by Justice Frost in In Interest of CAMM Alobaidi v. UTHSCH (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost) (public employment, retaliatory discharge) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00303-CV Josephine S. Alobaidi v. The University of Texas Health Science Center at Houston Appeal from 190th District Court of Harris County (Hon. Jennifer Elrod) Tellez v. Allstate Texas Lloyds (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Edelman)(insurance coverage, contractual and extra-contractual claims) AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00305-CV Lucy Tellez v. Allstate Texas Lloyds Appeal from 152nd District Court of Harris County (Hon. Ken Price Wise) Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates) (employment, stock options plan, promissory estoppel) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00323-CV Charles Sandel v. ATP Oil & Gas Corporation Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Studebaker Worthington Leasing Corp. v. Texas Shutters Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Edelman)(enforcement of foreign judgment, collateral attack) REVERSED AND REMANDED: Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00685-CV Studebaker Worthington Leasing Corp. v. Texas Shutters Corp. and Jesus Figueroa a/k/a Jesse Figueroa Appeal from 127th District Court of Harris County (Name of judge not shown) Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Seymore)(construction contract, unclean hands) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00703-CV Design Electric v. Cadence McShane Corporation Appeal from 281st District Court of Harris County (Hon. David Jorge Bernal) Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost) (jurisdiction, individual capacity claims, official capacity claims, sovereign immunity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) MOTION OR WRIT DENIED: Per Curiam (default judgment, protective order) Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00678-CV In Re: Ted Lawrence Robertson Appeal from 312th District Court of Harris County (Hon. James D. Squier) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00795-CV In Re: Willis Floyd Wiley Appeal from 209th District Court of Harris County (judge not identified) Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost (Before Justices Anderson, Fowler and Frost) 14-06-00729-CR Navid Ocheghaz Ghahremani v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Frost (Before Justices Anderson, Fowler and Frost) 14-06-00730-CR Navid Ocheghaz Ghahremani v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Seymore (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00109-CR Mack Williams IV v. The State of Texas--Appeal from 185th District Court of Harris County October 25, 2007 Civil Causes Decided: Baltzer v. Medina (Tex.App- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(SAPCR, motion to modify) REVERSED AND REMANDED: Per Curiam Before Judge Sears, Justices Frost and Seymore 14-05-01271-CV Trudie Lynne Baltzer v. Larry Ruiz Medina Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Bosch v. Provident American Life and Health Ins. Co. (Tex. App. [14th Dist.] Oct. 25, 2007)(op. on rehearing by Justice Hedges)(insurance cancellation, coverage denial, no FoF) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00694-CV Yigal Bosch v. Provident American Life and Health Insurance Company Appeal from 113th District Court of Harris County (name of judge not shown) DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-06-00854-CV Rodney M. Holmes & Lajor, Inc. v. Frank Torres Appeal from County Civil Court at Law No 2 of Harris County (Judge Block) VACATED AND REMANDED: Per Curiam (joint motion for settlement) Before Justices Brock Yates, Fowler and Guzman 14-07-00335-CV Ira and George Ann Held v. Allsel Corporation, Hillcrest Foster Investments, L.P. and the Estate of Luther Allen, Deceased Appeal from 212th District Court of Galveston County (Hon. Susan Criss) DISMISSED: Per Curiam (appellant did not pay for record) Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-00447-CV Grace Memorial Baptist Church a/k/a Grace Baptist Church n/k/a Church of the Lord Jesus Christ v. Harris County, Et Al Appeal from 295th District Court of Harris County (Hon. Tracy Christopher) DISMISSED: Per Curiam (settlement, plea to the jurisdiction denied by trial court) Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00568-CV City of Galveston v. Raymond Galicia Appeal from County Court at Law No 1 of Galveston County (Hon. Crapitto) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00655-CV Pulmosan Safety Equipment Corporation v. John S. Moore (Special appearance), Et Al | Appeal from 295th District Court of Harris County (Judge Christopher) VACATED AND REMANDED: Per Curiam (joint motion for settlement) Before Justices Brock Yates, Fowler and Guzman 14-07-00335-CV Ira and George Ann Held v. Allsel Corporation, Hillcrest Foster Investments, L.P. and the Estate of Luther Allen, Deceased Appeal from 212th District Court of Galveston County (Hon. Susan Criss) In Re McCormick (Tex.App.- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(divorce property division enforcement, receiver) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Frost and Seymore 14-07-00712-CV In Re: William E. McCormick, Jr. Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Criminal Causes Decided: AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01087-CR Carlos T. Rico v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01138-CR Darrell Anthony Hinds v. The State of Texas--Appeal from 122nd District Court of Galveston County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01139-CR Darrell Anthony Hinds v. The State of Texas--Appeal from 122nd District Court of Galveston County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01140-CR Darrell Anthony Hinds v. The State of Texas--Appeal from 122nd District Court of Galveston County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00036-CR Bryon Christopher Sloan v. The State of Texas--Appeal from County Court at Law No 1 of Fort Bend County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00421-CR Kia L. Scudder v. The State of Texas--Appeal from 2nd 25th District Court of Colorado County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00441-CR Delvin E. Bradford v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00442-CR Delvin E. Bradford v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00505-CR Ex Parte Ebah Haddad v.--Appeal from 248th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00726-CR Ruben Rodriguez v. The State of Texas--Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00780-CR Edwin Lee King v. The State of Texas--Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00843-CR Russell Jay Ward v. The State of Texas--Appeal from 337th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00844-CR Russell Jay Ward v. The State of Texas--Appeal from 337th District Court of Harris County October 23, 2007 Civil Causes Decided: Southtex 66 Pipeline Co. v. Spoor (Tex.App.- Houston [14th Dist.] Oct 23, 2007)(Fowler) (real estate law, UDJA, easement, trespass to try title) REVERSED AND RENDERED: Opinion by Justice Fowler Before Justices Brock Yates, Anderson and Fowler 14-05-01181-CV Southtex 66 Pipeline Company, Ltd. v. John Spoor, Susan Lynn Spoor, and Claudine Spoor, Individually and as Independant Executrix of the Estate of Donald Eugene Spoor, Deceased Appeal from County Court at Law No 3 & Probate Court of Brazoria County (name of judge omitted from appellate docket sheet) Mohindra v. Mohindra (Tex.App. - Houston [14th Dist.] Oct. 23, 2007)(Fowler)(divorce, fault grounds, unequal division of property, retirement division) AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00056-CV Chander Mohindra v. Sudha Mohindra Appeal from 246th District Court of Harris County (Hon. Jim York) Wilson v. Aames Capital Corp. (Tex.App.- Houston [14th Dist.] Oct. 23, 2007)(Edelman) (real estate transactions, judicial foreclosure, home) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00524-CV Vera F. Wilson v. Aames Capital Corporation Appeal from 125th District Court of Harris County (Hon. John A. Coselli) Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges) (SAPCR, grandparent intervention) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00972-CV Brian K. Heiskell v. Kennith and Sheri Kendrick Appeal from 311th District Court of Harris County (name of judge omitted) City of Alvin v. Zindle (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(UDJA, tax foreclosure, real estate and tax law) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-01147-CV City of Alvin v. Sallie Zindle Appeal from 239th District Court of Brazoria County (Hon. Patrick Edward Sebesta) Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special appearance) AFFIRMED: Opinion by Justice Edelman Before Justices Edelman, Frost and Seymore) 14-07-00149-CV Timothy J. Carpenter, Mervin G. Schaefer, James P. Maloney, Oldcosy Corporation, Henry Jackson, David Reindi, Henry C. Hess, David Falldorf, and Jane P. Koth v. Exelon Corporation and Exelon Enterprises Company, L.L.C Appeal from 133rd District Court of Harris County (Hon. Putnam Reiter) In Re Bobby Jones (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(per curiam)(request for free record in habeas proceeding denied) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00704-CV In Re: Bobby Jones Appeal from 338th District Court of Harris County (name of judge not shown) Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00766-CR Alice Yolanda Davis v. The State of Texas--Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00811-CR Leonel Martinez Ramirez v. The State of Texas--Appeal from 268th District Court of Fort Bend County October 18, 2007 Civil Causes Decided: Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18, 2007)(Hudson)(construction law, mechanics and materialman's lien, M&M lien) REVERSED AND REMANDED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00769-CV John Tsertos and Dundas Holdings, Inc. v. Yammine Gabriel Yammine, Et Al Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P. v. X-Ray X-Press Corporation--Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)(Seymore) (substitute opinion)(discovery dispute in suit involving elections and local politics) MOTION OR WRIT DENIED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc Appeal from 234th District Court of Harris County (Hon. Reese Rondon) DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00533-CV Jonathan Quick v. Kim Katona Appeal from Co Civil Ct at Law No 3 of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost (Before Justices Anderson, Frost and Mirabal) 14-06-00531-CR Robert Warren Hildebrand v. The State of Texas--Appeal from Co Crim Ct at Law No 5 of Harris County AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Edelman and Seymore) 14-06-00968-CR Victor Alejandro Garcia v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-06-01131-CR James Patrick Lamb v. The State of Texas--Appeal from 339th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00626-CR Cathy Dryman v. The State of Texas--Appeal from 412th District Court of Brazoria County October 16, 2007 Civil Causes Decided: Bartee v. BCM (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Frost)(workplace injury, construction, subcontractor, dangerous condition) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00324-CV Robey Bartee v. Baylor College of Medicine, David E. Harvey Builders, Inc., and Emcor Gowan, Inc.--Appeal from 157th District Court of Harris County (Hon. Randy Wilson) Greene v. Glass (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Fowler) (real estate transactions, probate law, conveyance without deed, parol gift, statute of frauds) AFFIRMED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Edelman) 14-06-00787-CV Robin Reindl Greene and Karen Reindl Koch v. Rose Casteel Glass, Independent Administrator of the Estate of Alicia Marcos-Diaz Reindl Appeal from Probate Court No 1 of Harris County (Hon. Russell P. Austin) Hardee v. Kellogg Brown & Root, Inc. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Anderson) (workplace law, negligence, pre-injury release bars recovery by injured job applicant) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-01048-CV Robert Hardee v. Kellogg Brown & Root, Inc. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Inliner Americas, Inc. v. Macomb Funding Group, LLC (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Guzman)(deadline for filing permissive interlocutory appeal) DISMISSED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01084-CV INLINER AMERICAS, INC. N/K/A FIRSTLINER AMERICAS, INC., INLINER USA, INC., N/K/A FIRSTLINER USA, INC., and CAT CONTRACTING, INC. v. MACOMB FUNDING GROUP, L.L.C--Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Dissenting Opinion by Chief Justice Hedges In re Rapid Stettlements, Ltd. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(first opinion, per curiam)(arbitration mandamus denied) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-07-00552-CV In Re: Rapid Settlements, Ltd. Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) Criminal Causes Decided: None October 11, 2007 Civil Causes Decided: Maguire Oil Co. v. City of Houston (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (plea to the jurisdiction reversed, ripeness, exhaustion) REVERSED AND REMANDED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Guzman 14-05-01272-CV Maguire Oil Company Et Al v. The City of Houston Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Lee v. Palacios (Tex.App- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (auto PI, motion for new trial) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00428-CV Wai-Ling Lee v. Rose Marie Palacios Appeal from 234th District Court of Harris County (Hon. Reese Rondon) Ayres Welding Co., Inc. v. Conoco, Inc. (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Edelman) (indemnity) AFFIRMED: Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00532-CV Ayres Welding Company, Inc. v. Conoco, Inc. Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Ghia v. AMEX (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore) (credit card debt) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00653-CV Sikander Ghia aka Ghia Sikander, Individually v. American Express Travel Related Services Appeal from County Civil Court at Law No 3 of Harris County (Hon. Lynn M. Bradshaw-Hull) Walgreen Co. v. Hieger (Tex.App.- Housotn [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Seymore 14-06-00962-CV Walgreen Company v. Cynthia Hieger and Roy C. Heiger, Both Individually and as next friend of David C. Heiger, A Minor Appeal from 281st District Court of Harris County (Judge David J. Bernal) Dissenting Opinion by Justice Seymore Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges) (employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00437-CV George Weinbaum v. Nancy Brown and Troy Spencer Appeal from 334th District Court of Harris County (Hon. Sharon McCally) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00520-CV In the Matter of The Estate of Ernest J. La France Appeal from Probate Court No 2 of Harris County (Hon. Michael James Wood) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00628-CV Jon Richard O' Kane v. Mitchell Chuoke, Jr., and Theresa L. Brady as Independent Executix of the Estate of James C. Brady--Appeal from 10th District Court of Galveston County (DAVID EDWARD GARNER) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00660-CV Gary Brye and William Sala v. Lisa Janish and Elizabeth Warman Appeal from 155th District Court of Austin County Judge Daniel R. Beck In re Gary Brye (Tex.App.- Housot [14th Dist.] Oct. 11, 2007)(per curiam) MOTION OR WRIT GRANTED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-00665-CV In re Gary Brye and William Sala Appeal from 155th District Court of Austin County Judge Daniel R. Beck DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00672-CV Horizon Wireless, Inc. and Alex Shabih Aslam v. Cricket Communication, Inc., Jorge Vasquez, Donna Casey,Jennifer Lehnen Appeal from 165th District Court of Harris County ELIZABETH RAY DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00729-CV Law Offices of Lin & Associates, The Asafi Law Firm, J.A. Asafi, Morris Tabak, and Alan Byers v. Alice Deng, Jin Mei Ma, Mucahit Turel, and State and County Mutual Fire Ins. Co Appeal from 61st District Court of Harris County JOHN J. DONOVAN Criminal Causes Decided: AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00105-CR Eric Levon Powell v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-07-00247-CR Eric Levon Powell v. The State of Texas--Appeal from 174th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00743-CR Clyde Cole v. The State of Texas--Appeal from 338th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00777-CR James Kevin Coons v. The State of Texas--Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00778-CR James Kevin Coons v. The State of Texas--Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00783-CR Roger G. Garcia v. The State of Texas--Appeal from 248th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00794-CR Enrique S. Alarcon v. The State of Texas--Appeal from 177th District Court of Harris County October 10, 2007 Civil Causes Decided: Criminal Causes Decided: DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00782-CR Roger G. Garcia v. The State of Texas--Appeal from 248th District Court of Harris County DISMISSED: (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00793-CR Enrique S. Alarcon v. The State of Texas--Appeal from 177th District Court of Harris County October 4, 2007 Civil Causes Decided: In Interest of M.A. (Tex.App.- Houston [14th Dist.] Oct. 4, 2007)(Mirabal) (termination of parent-child relationship, jury trial) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-05-00579-CV In the Interest of M.A. Appeal from 313th District Court of Harris County (Hon. John Phillips) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00202-CV Roger D. Britton v. Hilcorp Energy Company Appeal from 61st District Court of Harris County Glaser v. Glaser (Tex.App.- Houston [14th Dist.] Oct. 4, 2007)(per curiam)(joint motion to reverse) REVERSED AND REMANDED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-00459-CV Lauren Glaser v. Brad T. Glaser Appeal from 306th District Court of Galveston County (Janis Louise Yarbrough) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00553-CV Sidney "Pete" McAlister v. Tina Burks McAlister Appeal from Probate Court No 1 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00760-CV In Re Skillmaster Custom Homes & Realty, L.L.C. Appeal from 9th District Court of Waller County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Anderson and Hudson) 14-06-00377-CR Laurence Lee Cano v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-06-01107-CR Sherman Charles Gipson v. The State of Texas Appeal from 185th District Court of Harris County October 2, 2007 Civil Causes Decided: Armstrong v. Harris (Tex.App.- Houston [14th Dist.] Oct. 2, 2007)(Yates)(forcible detainer) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00491-CV Robert Lee Armstrong, Jr. v. Eddie Mae Harris Appeal from County Court at Law No 1 of Galveston County (Hon. Mary Nell Crapitto) Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson)(breach of contract, attorneys' fees) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00202-CV Roger D. Britton v. Hilcorp Energy Company Appeal from 61st District Court of Harris County |
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