| Decisions of the Fourteenth Court of Appeals in Houston April 2008 |
Opinion Release Dates: Mar. 4, 6, 2008 NOTEWORTHY MARCH 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MARCH 2008 March 11, 2008 Civil Causes Decided: REVERSED AND REMANDED: Opinion by Justice Fowler (Before ) 14-06-00579-CV Maggie Feng Hong, Bo Hong, IAE Supply, Inc. and IAE Energy & Supplies, Inc. v. Integrated Applications Engineering, Inc. and David Howe--Appeal from 268th District Court of Fort Bend County DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson (Before ) 14-06-01054-CV Patrick Olajide Akinwamide v. Transportation Insurance Co., CNA Insurance Co. & Automatic Data Processing, Inc.--Appeal from 80th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before ) 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop--Appeal from Co Civil Ct at Law No 1 of Harris County REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler (Before ) 14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden--Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before ) 14-06-00816-CR Vincent Chukuemeka Agu v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before ) 14-07-00253-CR Christian Guadalupe Hernandez v. The State of Texas--Appeal from 174th District Court of Harris County March 6, 2008 Civil Causes Decided: Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00548-CV Mitchell K. Lowe v. Dietrich Industries, Inc. Appeal from 344th District Court of Chambers County DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00668-CV Gregory A. Buford, Gulf Coast Demolition Services, L.P., and Buford & Connell Construction Services, Inc. v. Partners Bank of Texas Appeal from 55th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00893-CV Janeth R. Jackson and A.R. Brake-Wrecker Service, Inc. v. Carmen Olivera Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00997-CV John Brian Dubiski v. Michelle R. Dubiski Appeal from 311th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-01012-CV Garry Edward Moulton v. Shella Faye Moulton Appeal from 246th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean Appeal from 281st District Court of Harris County In Re Next Financial Group, Inc. (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(per curiam denial) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00005-CV In Re Next Financial Group, Inc. Appeal from 152nd District Court of Harris County (Judge Ken Wise) Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00286-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00287-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-06-00540-CR Deshun Thomas v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00747-CR Richard Garza v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00909-CR Willie Ray Sample v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01104-CR Sylvester Earl Lofton v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01155-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01156-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00274-CR Raymond Ladaniel James v. The State of Texas Appeal from 262nd District Court of Harris County March 4, 2008 Civil Causes Decided: Norra v. Harris County, Texas No. 14-05-01211-CV (Tex.App. - Houston [14th Dist.] Mar. 4, 2008) (Guzman) (civil penalty for environmental violations affirmed) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman Carol Ann Norra v. Harris County, Texas; Texas Commission on Environmental Quality; and Texas Department of Health Appeal from 55th District Court of Harris County (Judge now Justice Jeff Brown) In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(Fowler) (termination of parental rights reversed) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-07-00140-CV In the Interest of A.S., D.S. and L.A.S Appeal from 314th District Court of Harris County (Judge John Phillips) In re McCloske (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(per curiam) (mandate compliance) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00105-CV In Re Christopher Joseph McCloske Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00890-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00891-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County Causes Set for Submission on Oral Argument SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/4/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-07-00063-CV AKIB Construction Inc. v. Neff Rental Inc. Harris 14-07-00228-CR Gari Manfredo Chacon v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/5/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Boyce) 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/6/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-01092-CV In the Matter of the Seizure of Gambling Proceeds and Devices Harris 14-07-00237-CV GP II Energy, Inc., George P. Mitchell, II and Brian M. Sirgo, v. Chamberlain, Hrdlicka, White, Williams & Martin, A Partnership of Professional Corporation, and Brian L. Gennity Harris 14-08-00065-CV In Re: Amy Elizabeth Burk Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/12/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Brown) 14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation Solutions, LLC Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/25/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00717-CV SP Midtown Ltd. d/b/a Space Place Midtown v. Urban Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse and d/b/a Midtown Self Storage , Midtown Storage, L.L.C and The Jenkins Organization, Inc., Harris 14-07-00739-CV Syed Ahmed v. Metropolitan Transit Authority Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Mirabal) 14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris, Deceased v. Jalil Thurber, M.D., Julie Kathyryn McManemy, M.D. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-00924-CV Kirby Lake Development, Ltd., Et Al v. Clear Lake City Water Authority Harris 14-07-00103-CV Sonic Systems International, Inc. v. Randy Croix, Eddie Croix Insurance Agency, Inc. and Texas Mutual Insurance Company F/K/A Texas Worker's Compensation Insurance Fund Harris 14-07-00129-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00130-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00131-CR Deaundrey Laval Wooten v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00099-CV Chappell Hill Bank v. Lillian Smith Washington 14-07-00380-CV Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum Company, Inc. Washington SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/1/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00970-CV Wellington Underwriting Agencies Limited, Et Al v. The Houston Exploration Company and Offshore Specialty Fabricators Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/2/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-06-00716-CV Clearview Properties, L.P., Michael Starcher, Trustee for the Crown Hill Trust, Craig Walker d/b/a Clearview Properties, L.P., and Clearview Investments Ltd. v. Property Texas SC One Corporation , Clarion Partners, LLC, Granite Partners, LLC d/b/a Granite Partners I, LLC, Triple Net Prperties, LLC, T Reit, L.P., and T Reit, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/3/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/8/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Frost and Boyce) 14-07-00352-CV Underwriters at Lloyds Subscribing to Policy Nos. MDJ03/L075 and MDJ03/Z0165 and Markel International Insurance Company Limited Subscribing to Policy No. MDJ03/A0165 v. Edmond Deaton & Stephens Insurance Agency, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/9/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00354-CV The Appraisal Review Board of Harris County Appraisal District, and Robert Cunningham, former Chairman v. O'Connor & Associates, Et Al Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/10/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., v. Gretchen Casey, Individually, Et Al Harris 14-07-00210-CV Donna Ardoin, Individually, and as legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser Busch, Incorporated Harris 14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor Gardens Ltd., and Freeport Villa Brazos Apartments Ltd., v. City of South Houston Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/18/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00050-CV Headington Oil Company, L.P., on it's own behalf and as successor-in-interest to Headington Canada Corp. and Headington Oil Company & Bruce Gary v. Modesto White, Jr. & Richard N. Evans Chambers 14-07-00193-CR Luther Windham v. The State of Texas Chambers 14-07-00895-CV Arboretum Nursing and Rehabilitation Center of Winnie, Inc v. Mary Isaacks, Individually and as Representative of the Estate of Robert Isaacks SR., Deceased and Robert L. Isaacks, JR and Debra Gernert Individually Chambers SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/22/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00082-CV Classic Contractors of Houston Ltd., and Classic GP, LLC & Western Surety Company ("WSC") v. Triple B Services, LLP Harris 14-07-00304-CV Patrick Reinhardt v. Joe Walker Brazoria 14-07-00613-CV Sheela Chacko, Individually, as Administratrix of the Estate of James Chacko, Deceased, and as Next Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, Inc., D/B/A Shiva Indian Resturant, II Fort Bend SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/23/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00170-CV Allied Mortgage Capital Corporation and Jason Clint Price v. Advantage Investors Mortgage Corporation and Access Lending Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/24/2008 AT 1:30 PM (Before Justices Fowler, Seymore and Guzman) 14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc. Galveston 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Waller SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/29/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually & as Representative of the Estate of Robert Charles Ernst, and Angela Ernst Brazoria |
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| CIVIL, FAMILY, AND JUVENILE STATE DISTRICT COURTS IN HARRIS COUNTY 11th DC Judge Mark Davidson 55th DC Judge Jeff Shadwick 61st DC Judge John Donovan 80th DC Hon. Lynn Bradshaw-Hull 113th DC Judge Patricia Hancock 125th DC Judge John Coselli 127th DC Judge Sharolyn Wood 129th DC Judge Grant Dorfman 133rd DC Judge Lamar McCorkle 151st DC Judge Caroline E. Baker 152nd DC Judge Kenneth Wise 157th DC Judge Randall Wilson 164th DC Hon. Martha Hill Jamison 165th DC Judge Elizabeth Ray 189th DC Judge Bill Burke 190th DC Judge Patricia Kerrigan 215th DC Judge Levi Benton 234th DC Judge Reece Rondon 245th DC Judge Annette Kuntz 246th DC Judge Jim York 247th DC Judge Bonnie Hellums 257th DC Judge Judy Warne 269th DC Hon. John T. Wooldridge 270th DC Judge Brent Gamble 280th DC Judge Tony Lindsay 281st DC Judge David J. Bernal 295th DC Hon. Tracy Christopher 308th DC Hon. Georgia Dempster 309th DC Judge Frank Rynd 310th DC Judge Lisa Millard 311th DC Judge Doug Warne 312th DC Judge James Squier 313th DC Judge Pat Shelton 314th DC Judge John Philip 315th DC Judge Mike Schneider Jr 333rd DC Hon. Joseph Halbach Jr. 334th DC Judge Sharon McCally |
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Opinion Release Dates: April 1, 3, 4, 8, 9, 10, 15, 24, 25, 29, 2008 NOTEWORTHY APRIL 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN APRIL 2008 April 29, 2008 Civil Causes Decided: Lundy v. Masson, MD (Tex.App.- Houston [14th Dist.] Apr. 29, 2008)(Yates)(fraud, BoFD, election of remedies) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00581-CV Sean Lundy v. Marcos V. Masson, M.D. and Global Orthopaedics, Inc. Appeal from 269th District Court of Harris County Trial Court Judge: John Thomas Wooldridge Harris County v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] Apr. 29, 2008)(Anderson) (eminent domain law, condemnation of billboard, takings claim) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson and Boyce, Senior Justice Murphy 14-07-00226-CV Harris County, Texas v. Clear Channel Outdoor, Inc. Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block HCAD v. Spencer Square Ltd (Tex.App.- Houston [14th Dist.] Apr. 29, 2008) (Seymore) (property tax appeal, procedural issues, second hearing sought by mandamus, no jurisdiction) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00567-CV The Appraisal Review Board of Harris County Appraisal District v. Spencer Square Ltd as the Property Owners and the Property Owners Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00756-CR Quentin Dewayne Roach v. The State of Texas Appeal from 339th District Court of Harris County April 25, 2008 Civil Causes Decided: In Re Strachan (Tex.App. - Houston [14th Dist.] Apr. 25, 2008)(per curiam) (insufficient record for mandamus relief) MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Seymore and Guzman) 14-08-00299-CV In Re James G. Strachan Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: The Honorable James H Shoemake Criminal Causes Decided: None April 24, 2008 Civil Causes Decided: Haaksman v. Diamond Offshore (Bermuda), Ltd. (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Anderson (domestication of foreign money judgment, personal jurisdiction over debtor) 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 Trial Court Judge: Reese Rondon Swaab v. Swaab (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Guzman)(divorce SAPCR appeal) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00593-CV David Lawrence Swaab v. Janie Guerra Swaab Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Plescia and The Men's Wearhouse, Inc. v. Seeyle (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(per curiam) (case settled) VACATED AND DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00758-CV Ruth Plescia and The Men's Wearhouse, Inc. v. Raymond Seeyle and Martha Seely Appeal from 295th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-00914-CV M. D. Balakrishna v. Arathi Narayan Appeal from Probate Court No 1 of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00084-CV Beverly Ann Martin v. Ruthie L. Wyatt Appeal from County Court at Law #4 of Fort Bend County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00094-CV Terryl Rebector v. Angleton Danbury Hospital and Lawrence W. Andrews, M.D. Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00099-CV Jennifer Jones v. Automated Building Services Appeal from 11th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00107-CV Diedra Armour, Et Al. v. Cooperwood Ranch Appeal from Co Civil Ct at Law No 1 of Harris County MOTION OR WRIT DENIED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00301-CV In Re Edward R. Newsome Appeal from 179th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00302-CV In Re Edward R. Newsome Appeal from 179th District Court of Harris County Criminal Causes Decided: Yglesias v. State of Texas (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Frost) AFFIRMED: Opinion by Justice Kem Frost Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy 14-06-00144-CR Raul Enrique Yglesias v. The State of Texas Appeal from 178th District Court of Harris County Dissenting Opinion by Chief Justice Hedges in Raul Enrique Yglesias v. The State of Texas AFFIRMED: Opinion by Justice Frost (Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy) 14-06-00621-CR Eduardo Rivera- Reyes v. The State of Texas--Appeal from 351st District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-06-00958-CR Deborah Aymond v. The State of Texas--Appeal from 208th District Court of Harris County AFFIRMED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-06-01072-CR Hassan Hoteit v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-00101-CR Derrick Gatewood v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Fowler (Before Justices Fowler, Frost and Seymore) 14-07-00117-CR Anthony White v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Guzman (Before Justices Brock Yates, Guzman and Brown) 14-07-00155-CR Yates Addison Poitinger v. The State of Texas--Appeal from Co Crim Ct at Law No 15 of Harris County AFFIRMED: Opinion by Justice Seymore (Before Justices Fowler, Frost and Seymore) 14-07-00162-CR Nicholas Voneric Thomas v. The State of Texas--Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00029-CR John Alfred Johnson, Jr. v. The State of Texas--Appeal from 176th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00194-CR Nicholas Walls v. The State of Texas--Appeal from 228th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00215-CR Joseph Lajauan James v. The State of Texas--Appeal from 262nd District Court of Harris County April 23, 2008 Civil Causes Decided: In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(Justice Bill Boyce) (arbitration mandamus, motion to compel home owners to arbitrate claims against builder) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00851-CV In Re: MHI Partnership, LTD. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Criminal Causes Decided: None April 17, 2008 Civil Causes Decided: Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Frost) (insurance law, broker, nondisclosure order void) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-05-01090-CV Environmental Procedures, Inc. and Advanced Wirecloth, Inc. v. George E. Guidry, Dwight W. Andrus, III, Dwight W. Andrus Insurance, Inc., and Lexington Insurance Co. Appeal from 164th District Court of Harris County Trial Court Judge: MARTHA HILL JAMISON Concurring and Dissenting Opinion by Justice Guzman Simulis, L.L.C. v. Gen. Elec. Capital Corp., No. 14-06-00701-CV, 2008 WL 1747483, at *1 (Tex. App.— Houston [14th Dist.] Apr. 17, 2008, no pet.) Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates) (promissory note, estoppel, quantum meruit) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00701-CV Simulis, L.L.C. v. General Electric Capital Corporation [GE Capital Corp] Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Dewalt v. Dewalt (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Brown) (family law, SAPCR, domestic violence allegations, denial of joint custody, award of disproportionate share of property) AFFIRMED: Opinion by Justice Brown 14-06-00938-CV Carl Dewalt v. Stalanda Dewalt Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-00728-CV Darrell Browning v. Vannessa Browning Appeal from 310th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-07-00963-CV Roscoe Threadgill v. Pamela Almond Appeal from Co Civil Ct at Law No 2 of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00097-CV James "Jim" Rutherford v. Linda A. Galvan Appeal from 400th District Court of Fort Bend County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Jennings) 14-08-00274-CV In Re U. Lawrenze Boze' Appeal from Justice of the Peace Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler (Before Justices Brock Yates, Fowler and Guzman) 14-06-01118-CR Patrick Lee Campbell, Jr. v. The State of Texas--Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00688-CR Alton Warren Payne, III v. The State of Texas--Appeal from 177th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-07-00735-CR Josephine Ferro Kennedy v. The State of Texas--Appeal from 185th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-01028-CR Samuel Edward Aceituno v. The State of Texas--Appeal from 351st District Court of Harris County April 15, 2008 Civil Causes Decided: URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges) (real estate transaction, setting aside deed, clean hands, bona fide purchaser) AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00043-CV URI Cohen v. Delores Hawkins Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-08-00270-CV In Re Clifford G. Olson III Appeal from of County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before Justices Fowler, Frost and Seymore) 14-06-01071-CR Thomas Dale Giammona v. The State of Texas--Appeal from 176th District Court of Harris County AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Brown) 14-07-00282-CR Roderick Earl Powell 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 Boyce) 14-07-00598-CR John Paul Johnson v. The State of Texas--Appeal from 209th District Court of Harris County April 10, 2008 Civil Causes Decided: Piper v. Storage Trust Realty (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(per curiam) (no brief filed) DISMISSED: Per Curiam 14-07-00334-CV David Piper and Wife Sharon Piper v. Storage Trust Realty, Inc. and Public Storage, Inc. Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Greenfield Energy Inc. v. Duprey (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Guzman) (special appearance, foreign defendant, alter ego theory rejected, agency) AFFIRMED: Opinion by Justice Eva Guzman 14-07-00527-CV Greenfield Energy Inc., Greenfield Energy, Inc., and Greenfield Oil Trinidad, LTD. v. Lawrence Duprey and CL Financial, LTD. Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher In re Burk (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Seymore) (UCCJEA child custody jurisdiction, home state) MOTION OR WRIT DENIED: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00065-CV In Re: Amy Elizabeth Burk Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Douglas C. Warne DISMISSED: Per Curiam 14-08-00127-CV Cheryl Hughes v. The Park at Lakeside Appeal from Co Civil Ct at Law No 1 of Harris County DISMISSED: Per Curiam 14-08-00234-CV Alliance Residential Management, L.L.C v. Alliance HC II Limited Partnership, Alliance HC III Mezz Limited Partnership, Alliance HC III Verandahs Limited Partnership, Alliance HC III Saybrooke Limited Partnership, Alliance HC III Limited Partnership Appeal from 61st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges 14-07-00382-CR Albert Cameron, Jr. v. The State of Texas Appeal from 183rd District Court of Harris County REVERSED AND ACQUITTAL: Opinion by Chief Justice Hedges 14-07-00511-CR Debra H. Hodge v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRMED: Per Curiam 14-07-00805-CR Larry Jerome Bacon v. The State of Texas Appeal from 178th District Court of Harris County DISMISSED: Per Curiam 14-07-01068-CR Eric Charles Kaposta v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County DISMISSED: Per Curiam 14-07-01069-CR Eric Charles Kaposta v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County April 9, 2008 Civil Causes Decided: In Re Medical Carbon Research Institute, LLC (Tex.App.- Houston [14th Dist.] Apr. 9, 2008)(per curiam) MOTION OR WRIT DENIED: Per Curiam 14-08-00104-CV In Re: Medical Carbon Research Institute, L.L.C. and Jack C. Bokros, PH.D. Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin In Re Burks and Approx. $63,375.00 (Tex.App.- Houston [14th Dist.] Apr. 9, 2008)(per curiam) (mandamus denied without prejudice) MOTION OR WRIT DENIED: Per Curiam 14-08-00259-CV In Re: Christopher Burks and Approximately $63,375.00 Appeal from 133rd District Court of Harris County Trial Court Judge: Putnam K. Reiter Criminal Causes Decided: April 8, 2008 Civil Causes Decided: Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)(HCLC, MedMal, sufficiency of expert report) AFFIRMED: Opinion by Justice Boyce 14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo, Individually and as Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo, Sofia Angelo, Arthur Angelo, Sr. and Connie Angelo Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Criminal Causes Decided: AFFIRMED: Opinion by Judge Sears 14-07-00434-CR Jesus Ruben Gonzales v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County April 4, 2008 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam 14-08-00249-CV In Re Clarence Johnson Appeal from 257th District Court of Harris County Criminal Causes Decided: April 3, 2008 Civil Causes Decided: Exxon Mobil Corp. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (judgment for exemplary damages reversed, malice finding, sufficiency of evidence) REVERSED AND RENDERED: Opinion by Justice Seymore 14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore Appeal from 405TH District Court of Galveston County Trial Court Judge: Wayne J. Mallia AVCO Corp. v. Interstate Southwest Ltd (Tex. App.- Houston [14th Dist.] Apr. 3, 2008)(Supplemental Opinion on motion for rehearing by Guzman)(declaratory judgment, failure to present claim/argument in original brief) OVERRULED: Opinion by Justice Guzman 14-05-00860-CV AVCO Corporation, Textron Lycoming Reciprocating Engine Division of AVCO Corporation v. Interstate Southwest, LTD Appeal from 278th District Court of Grimes County Trial Court Judge: JERRY A. SANDEL Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr. 3, 2008) (Subst. plurality op. by Edelman) (subdivision restrictive covenant dispute, homeowner law) AFFIRMED: Opinion by Justice Edelman 14-05-01143-CV Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Appeal from 405TH District Court of Galveston County Concurring and Dissenting Opinion by Justice Frost in Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve our Park Trial Court Judge: Wayne J. Mallia Bill White, Mayor v. Robinson (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (election law, dispute over validity of citizen-initiated proposition) REVERSED AND REMANDED: Opinion by Justice Seymore 14-06-00167-CV Bill White, Mayor, City of Houston, and Houston City Council v. Carroll G. Robinson, Bruce R. Hotze, and Jeffrey N. Daily Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Brocail v. Detroit Tigers, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (baseball injury, Labor-Management Relations Act) AFFIRMED: Opinion by Justice Guzman 14-06-00557-CV Douglas K. Brocail v. Detroit Tigers, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Harris County Flood Control District v. Roberts (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Frost) (eminent domain, condemnation, billboard, leasehold interest, compensation, 5th Amendment) AFFIRMED: Opinion by Justice Frost 14-06-00696-CV Harris County Flood Control District v. Roger Roberts, City of Houston, Jessie R. Lay and Unknown Oners, State of Texas, American Residential Service, Inc., Leasecomm Corporation, Abbott Laboratories, Inc., Harris County, Texas, Houston Community College System, Houston Independent School Distr--Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition) REVERSED AND REMANDED: Opinion by Justice Boyce 14-06-01146-CV Mark Rorie v. Harris County Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block McCall v. Smith (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (divorce and life insurance, probate court) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman 14-07-00032-CV Mary Linda McCall v. David Wayne Smith, Ryan Dylan Williams, Anna Elaine Harris, and Dana L. Mayor (f/ka/a Dana L. Monford), Individually and as Temporary Administrator of the Estate of Leslie H. WIlliams, Jr.--Appeal from Probate Court No 1 of Harris County Trial Court Judge: Russel P. Austin AKIB Construction, Inc. v. Neff Rental, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Hedges) (sworn account, breach of contract, quantum meruit) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-07-00063-CV AKIB Construction, Inc. v. Neff Rental, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Ed Landry DISMISSED: Per Curiam 14-07-00518-CV Inwood Forest Community Improvement Association and Clymer Wright v. Inwood Forest Partners, L.P., Caminata Holdings, LLC, its general partner, and Inwood Forest Golf and Country Club, Inc.--Appeal from 157th District Court of Harris County DISMISSED: Per Curiam 14-07-00713-CV Juanita Wells Charrin v. Harris County Appraisal District and Harris County Appraisal Review Board--Appeal from 295th District Court of Harris County DISMISSED: Per Curiam 14-07-00981-CV Robert Kilsby and Deborah Negrini v. Mid Century Insurance Company of Texas, Famers Texas County Mutual Insurance Company, and Fire Insurance Exchange Appeal from 333rd District Court of Harris County DISMISSED: Per Curiam 14-08-00014-CV Pham Van Soi aka Soi Van Pham, Phan Nguon Khoa aka Khoa Nguon Phan, John Trinh and Ly Quoc Thai aka Thai Quoc Ly v. Caodaism, Cu Thanh Nguyen, Tai Tan Le and Bao Long Appeal from 61st District Court of Harris County DISMISSED: Per Curiam 14-08-00066-CV BKR Building Products, L.L.C. v. Louis Hollingsworth, d/b/a LCH & Associates, Inc., and Wayne McNatt d/b/a McNatt Flooring Associates, L.L.C. Appeal from 165th District Court of Harris County DISMISSED: Per Curiam 14-08-00090-CV Vernon Marshall d/b/a Marshall Motor Sports v. Jerry Ripkowski Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam 14-08-00100-CV Leonard M. McCollum v. Amin Noor, Et Al; Yosepy M. Noor, Individually, Mohammad R. Nassirivanaki, Individually, and Mark J. Tormey, Trustee, and Individually Appeal from 61st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates (Before ) 14-06-01025-CR Juan Jose Resendez v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Guzman (Before ) 14-06-01088-CR Lisa Margaret Hunter-Odulate v. The State of Texas--Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Guzman (Before ) 14-07-00308-CR Donnie Ray Achan, Jr. v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before ) 14-08-00143-CR Lafeyette Deveon Smith v. The State of Texas--Appeal from 248th District Court of Harris County DISMISSED: Per Curiam (Before ) 14-08-00145-CR Michael Jason Guynes v. The State of Texas--Appeal from 176th District Court of Harris County DISMISSED: Per Curiam (Before ) 14-08-00169-CR Aaron Rendell Hargrove v. The State of Texas--Appeal from 248th District Court of Harris County DISMISSED: Per Curiam (Before ) 14-08-00170-CR Aaron Rendell Hargrove v. The State of Texas--Appeal from 248th District Court of Harris County April 1, 2008 Civil Causes Decided: Equistar Chemicals, LP v. Dresser-Rand Co. (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Opinion on remand by Hedges)(damages) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 14-02-00874-CV Equistar Chemicals, LP v. Dresser-Rand Company Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Goss v. Houston Community Newspapers (Tex.App.- Houston [14th Dist.] Apr. 1, 2008) (Yates) (defamation) AFFIRMED: Opinion by Justice Brock Yates 14-06-00719-CV Randolph Goss v. Houston Community Newspapers, and Sarah Mertins Appeal from 113th District Court of Harris County Trial Court Judge: Mark Davidson Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges 14-07-00228-CR Gari Manfredo Chacon v. The State of Texas--Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce 14-07-00286-CR Adam Richardson Hunt v. The State of Texas--Appeal from 177th District Court of Harris County |