| Decisions of the Fourteenth Court of Appeals in Houston - TX August 2008 |
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Opinion Release Dates: Aug. 7, 12, 19, 21, 26, 27, 28, 2008 AUGUST 2008 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN AUGUST 2008 August 28, 2008 Civil Causes Decided: Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman) (DTPA, challenge to judgment on settlement agreement, waiver of error) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00027-CV James Buggelli v. Alan J. Feltis and Roy J. Crosby d/b/a Royal Aero Appeal from 269th District Court of Harris County Trial Court Judge: John Woolridge Barajas v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (credit card debt suit, summary judgment for debt collector reversed, contract terms not proven) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00048-CV Celia Barajas v. Harvest Credit Management, VI-B, LLC as assignee of Metris Direct Merchants Bank Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (workplace accident death, no gross negligence found) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00210-CV Donna Ardoin, Individually, and as Legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser-Busch, Incorporated Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (product liability claim time-barred, warranty claim remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00254-CV Sharon Heckel v. Allen Samuels Chevrolet and General Motors Corporation--Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Grace Memorial Baptist Church v. Harris County (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (property tax exemption claim not viable in tax suit, tax protest statute exclusive remedy) AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 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, on Behalf of Itself and on Behalf of The Harris County Education Department, The Port of Houston Authority of Harris County, HCFCD, HCHD; City of Houston; HISD, Harris County Education District; and Houston Community College System Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher In Interest of CMC, CEC, GLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Brown) (termination of parental rights of alleged father reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-07-00881-CV In the Interest of C.M.C., C.E.C., G.L.C. Appeal from 314th District Court of Harris County In re Browning-Ferris Industries, Inc. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (discovery mandamus denied, motion to compel) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00899-CV In Re: Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi James Benton Whitmire v. Lilly (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Boyce) (nunc pro tunc, NPT, void order vacated, plenary jurisdiction) REVERSED AND RENDERED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00993-CV R.O. Whitmire v. Oran A. Lilly, Jr Appeal from 155th District Court of Waller County Trial Court Judge: Hon. Dan R. Beck Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (sealing order) REVERSED AND RENDERED: Opinion by Chief Justice Adele Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-01080-CV Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. v. United States Fire Insurance Company and TIG Insurance Company Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Lomax v. Thomas (Tex.App.- Houston [14th Dist.] Aug 28, 2008)(per curiam) DISMISSED: Per Curiam (DWOJ, interlocutory appeal not authorized) Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00163-CV Mark Lomax v. Tommy B. Thomas Et Al Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick There is no statute providing for an interlocutory appeal of the court's ruling on indigency for trial proceedings. Therefore, we are without jurisdiction over this appeal. DISMISSED: Per Curiam (settlement) Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00309-CV Lillie Eberting, Individually and as Administrator of the Estate of Jerry Deaver, II, Deceased, and Jerry Deaver, Sr. v. Baker/Mo Services, Inc. D/B/A/ Baker Energy and Michael Baker Corporation Appeal from 270th District Court of Harris County In re H & R Block Financial Advisors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Guzman) (arbitration mandamus, waiver argument) MOTION OR WRIT GRANTED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-08-00450-CV In Re H & R Block Financial Advisors, Inc. Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle DISMISSED: Per Curiam (nonpayment of fees) Before Justices Brock Yates, Seymore and Boyce) 14-08-00518-CV Ava L. Vlahakis v. Unifund CCR Partner Appeal from County Civil Court at Law No 4 of Harris County DISMISSED: Per Curiam (dismissed by appellant) Before Justices Brock Yates, Seymore and Boyce) 14-08-00578-CV In the Interest of V.G.W Appeal from 311th District Court of Harris County DISMISSED: Per Curiam (appeal mooted by grant of new trial below) Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00586-CV Setter Enterprises, Inc. v. Worldwide Express Services Appeal from County Civil Court at Law No 2 of Harris County In Interest of RS (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(per curiam) (interlocutory appeal of temporary order in SAPCR termination suit not authorized, DWOJ) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00598-CV In the Interest of R.S. Appeal from 310th District Court of Harris County Trial Court Judge: Lisa A. Millard DISMISSED: Per Curiam (dismissed by appellant) Before Justices Brock Yates, Seymore and Brown 14-08-00647-CV Samuel Reyes and Igleasia De Dios Pentecostal Church v. Randy Cupit Appeal from County Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam (voluntary dismissal by appellant) Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00649-CV Donna R. Thomas v. Coastal I Construction, Inc. Appeal from County Civil Court at Law No 1 of Harris County In re Sedeno-Suarez (Tex.App.- Houston [14th Dist.] Aug.. 28, 2008)(per curiam) (parallel civil and criminal proceedings, discovery limitations, order of protection, invocation of fifth amendment privilege) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00740-CV In Re: Heriberto Sedeno-Suarez, M.d., and Heriberto Sedeno-Suarez, P.A Appeal from 280th District Court of Harris County In re Ivo Nabelek (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(per curiam) DISMISSED IN PART AND DENIED IN PART: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00764-CV In Re Ivo Nabelek Appeal from 180th District Court of Harris County DISMISSED IN PART AND DENIED IN PART: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00767-CV In Re Ivo Nabelek--Appeal from 180th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00144-CR Edison Dejesus Salazar v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00255-CR Manuel Cuellar III v. The State of Texas Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00366-CR Dontae Terrell Moore v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00378-CR Shannon Lee Simon v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00473-CR Charles Richard Bernard, Jr. v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00578-CR Robert Earl Parker v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-07-01018-CR Michael Ray Hulgan v. The State of Texas Appeal from 239th District Court of Brazoria County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00118-CR Ray Lane Powell v. The State of Texas Appeal from 230th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00658-CR Edmund Louis Perez v. The State of Texas Appeal from 338th District Court of Harris County August 27, 2008 Civil Causes Decided: Sonic Systems Int., Inc. v. Croix (Tex.App.- Houston [14th Dist.] Aug. 27, 2008)(Seymore) (insurance law, workers comp claim denial) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 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 Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Criminal Causes Decided: August 26, 2008 Civil Causes Decided: Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (workers comp subrogation) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00513-CV Metropolitan Transport Authority v. Harris County, Texas Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (insurance code violation damages affirmed, loss of credit reputation damages deleted) AFFIRMED AS MODIFIED: Opinion by Justice Wanda Fowler Before Justices Anderson, Fowler and Frost 14-06-00651-CV Texas Mutual Insurance Company v. P. Lance Morris Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Transcontinental Ins. Co. v. Crump (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Anderson) (worker's compensation death benefits judicial review proceeding, attorneys fees) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-06-00905-CV Transcontinental Insurance Company v. Joyce Crump Appeal from 400th District Court of Fort Bend County Trial Court Judge: Clifford J. Vacek In the Interest of D.A.P. (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (child support, OAG suit UCCJEA, modification, order on SAPCR counterclaim reversed, no jurisdiction over out-of-state parent due to failure to serve with citation UCCJEA) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00975-CV In the Interest of D.A.P Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Salymeh v. Plaza Centro, LLC (Tex. App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, landlord-tenant, forcible detainer, right of possession, lost rents not proven) AFFIRMED: Opinion by Justice Seymore by Justice Seymore Before Justices Fowler, Seymore and Guzman 14-06-01101-CV Mohammad Salymeh d/b/a Muebleria Y Bazar Tierrablanca v. Plaza Centro, LLC Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (construction law, BoC, surety liability limited to face amount of bond) AFFIRMED AS MODIFIED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00082-CV William G. West, Chapter 7 Trustee of Classic Contractors of Houston Ltd., and Classic GP, L.L.C., and Western Surety Company v. Triple B Services, LLP Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal GP II Energy, Inc. v. Chamberlain, Hrdlicka, White, WIlliams & Martin (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Frost)(fraud, breach of fiduciary duty, escrow agent, non-disclosure) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00237-CV GP II Energy, Inc., George Mitchell, II and Brian M. Sirgo v. Chamberlain, Hrdlicka, White, Williams & Martin, and Brian L. Gennity Appeal from 55th District Court of Harris County Trial Court Judge: Justice Jeff Brown Thompson v. Peak (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (homestead, liens, sanctions appeal mooted by compliance with sanctions order) DISMISSED AS MOOT: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00333-CV Jack W. Thompson v. David Ricardo and Kara K. Peak Appeal from 164th District Court of Harris County Trial court judge: Hon. Martha Hill Jamison Dissenting Opinion by Justice Frost Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, PC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Boyce) (attorney-client fee dispute, contingency fee agreement) AFFIRMED: Opinion by Justice Boyce Before Justices Hudson, Fowler and Boyce) 14-07-00343-CV Anglo-Dutch Petroleum International, Inc. and Anglo-Dutch (TENGE) L.L.C. v. Greenberg Peden, P.C. and Gerard J. Swonke Appeal from 61st District Court of Harris County Trial Court Judge: John J. Donovan Salaymeh v. Plaza Centro, LLC (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, damages for unpaid rent reversed for lack of sufficient proof, consolidated appeals in two forcible detainer suits) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Seymore and Guzman) 14-07-00394-CV Mohammad Salaymeh d/b/a Rainbow Seafood v. Plaza Centro, LLC Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block SWBT v. Harris County (Tex.App. - Houston [1st Dist.] Aug. 26, 2008)(Yates) (inverse condemnation claim, utility easement, compensable taking, jurisdiction of Harris County county courts, plea to the jurisdiction reversed) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown) 14-07-00401-CV Southwestern Bell Telephone, L.P v. Harris County Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judges: Jacqueline Lucci-Smith | Gary Block Mayo v. Suemaur Exploration & Production LLC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Anderson) (auto collision with cattle, summary judgment affirmed, evidence not authenticated, pro se litigants) AFFIRMED AS MODIFIED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown) 14-07-00491-CV Samuel Mayo v. Suemaur Exploration & Production LLC, and Wilfred L. Peltier Appeal from County Court at Law # 4 and Probate Court of Brazoria County Trial Court Judge: Lori Rickert Concurring Opinion by Justice Brown McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce) (judgment in credit card debt suit affirmed, contract, quantum meruit, attorney's fees, business records affidavit) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00661-CV Peggy S. McElroy v. Unifund CCR Partners Assignee of America Online - Platinum Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore) 14-08-00220-CV In Re Anthony L. Santos Appeal from 300th District Court of Brazoria County Trial Court Judge: K. Randall Hufstetler In re Anthony Santos (Tex.App.- Houston [14th Dist.] Aug. 26, 2008)(per curiam) (signing of final order moots mandamus pertaining to temporary SAPCR orders) DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore) 14-08-00303-CV In Re Anthony L. Santos Appeal from 300th District Court of Brazoria County In re Banargent (Tex.App.- Houston [14th Dist.] Aug 26, 2008)(per curiam)(inadequate record) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Fowler and Frost) 14-08-00743-CV In Re Robert Lee Banargent Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver MOTION OR WRIT DENIED: Per Curiam (arbitration mandamus denied without prejudice, no sworn record) Before Justices Brock Yates, Seymore and Boyce) 14-08-00757-CV In Re: Abdel Hakim Labidi, M.D., PH.D. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Justices Fowler, Guzman and Boyce 14-05-00033-CR James Malone v. The State of Texas Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00479-CR Carlos Vela Trevino v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Anderson 14-07-00480-CR Carlos Vela Trevino v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00481-CR Carlos Vela Trevino v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00611-CR Carlos Gonzales-Cantu v. The State of Texas Appeal from 351st District Court of Harris County August 21, 2008 Civil Causes Decided: CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and remanded) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Seymore and Guzman 14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc. Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss DISMISSED: Per Curiam (no brief filed after reinstatement of appeal) Before Justices Brock Yates, Seymore and Boyce 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 CHCA Mainland, LP v. Dickie (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (HCLC, expert not qualified; case remanded for possible grant of extension to file proper report) REVERSED AND REMANDED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00831-CV CHCA Mainland, L.P. D/B/A Mainland Medical Center v. Bonnie Dickie Appeal from 10th District Court of Galveston County Trial Court Judge: David Edward Garner DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-07-01078-CV In the Interest of D.M. and J.M. Appeal from County Court at Law of Washington County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00356-CV Raymond Hicks and Janice Hicks v. Stanley B. Broussard Appeal from County Civil Court at Law No 2 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00403-CV Meghan Babino v. James Bates Appeal from 309th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Fowler and Frost 14-08-00477-CV Richard J. Wheeler, Jr. and Kevin Fleming v. Southtrust Bank, F/K/A Bayshore National Bank of La Porte Appeal from 10th District Court of Galveston County Trial Court Judge: David Edward Garner MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00745-CV In Re Romarcus D. Marshall Appeal from 179th District Court of Harris County Trial Court Judge:James Michael Wilkinson Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Justices Fowler, Seymore and Guzman 14-07-00060-CR Ricardo Ramirez v. The State of Texas Appeal from 239th District Court of Brazoria County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00428-CR Jesus Ayala v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Fowler and Frost 14-07-00594-CR Anthony Antwon Ben v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Fowler and Frost 14-07-00595-CR Anthony Antwon Ben v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Fowler and Frost 14-07-00615-CR Christian Neville Knight v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00671-CR Daniel Ray Smith v. The State of Texas Appeal from 176th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00854-CR Laurie Lee Salley v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Per Curiam Before Justices Anderson, Fowler and Frost 14-07-00882-CR Joey Pernell Riggins v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-07-00998-CR Andrew Wilson McDonald v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Fowler and Frost 14-07-01053-CR Jeremiah Blake Lamb v. The State of Texas Appeal from 230th District Court of Harris County DISMISSED: Per Curiam Before Justices Vance, Seymore and Boyce 14-08-00230-CR Dale Conrad Nelson v. The State of Texas Appeal from 23rd District Court of Brazoria County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00314-CR Luis Antonio Tobar v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00446-CR Jose John Rangel v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00461-CR Koyton Gant v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00575-CR Ex Parte Stewart Hunter Roberts Appeal from 155th District Court of Austin County DISMISSED: Per Curiam Before Justices Anderson, Fowler and Frost 14-08-00705-CR Timothy Lewis v. The State of Texas Appeal from 176th District Court of Harris County August 19, 2008 Civil Causes Decided: In Re Seizure of Gambling Proceeds (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Fowler) (search warrant not required for the State to initiate a forfeiture proceeding under Article 18.18(b) when officers enter a gaming establishment with the owner's consent and there is probable cause for seizure of the property) AFFIRMED: Opinion by Justice Wanda Fowler Before Justices Fowler, Frost and Seymore 14-06-01092-CV In Re Seizure of Gambling Proceeds and Devices Appeal from County Criminal Court at Law No 7 of Harris County Trial Court Judge: Pamela L. S. Derbyshire The Appraisal Review Board of HCAD v. O'Connor & Associates (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Yates) (property tax appeal, failure to exhaust their administrative remedies before filing suit requires jurisdictional dismissal) REVERSED AND RENDERED: Opinion by Justice Leslie Brock Yates 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, Wolverine Crosby LP, E Pointe Properties I Ltd, Baker-Orr Joint Venture, and J. Frederick Welling Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, clarification order declared void, motion to compel) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00203-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) In Re OAG of Texas (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Brown)(bill of review, child support) (petition for mandamus challenging order lifting child support judgment and lien denied) MOTION OR WRIT DENIED: Opinion by Justice Jeff Brown Before Justices Brock Yates, Guzman and Brown 14-08-00665-CV In Re The Office of the Attorney General of Texas Appeal from 312th District Court of Harris County Trial Court Judge: Hon. David D. Farr Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00093-CR David Sidwell Jenson v. The State of Texas Appeal from County Criminal Court at Law No 6 of Harris County August 12, 2008 Civil Causes Decided: Pirate's Lake Ltd. v. Vestin Realty Mortgage I, Inc., No. 14-08-00085-CV (Tex.App.- Houston [14th Dist.] Aug. 12, 2008)(appointment of receiver challenged, but foreclosure of property at issue moots case) (foreclosure case law, mootness doctrine) DISMISSED AS MOOT: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-08-00085-CV Pirate's Lake, Ltd. v. Vestin Realty Mortgage I, Inc., Vestin Realty Mortgage II, Inc., Vestin Fund III, L.L.C., and Vestin Mortgage, Inc. Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox August 7, 2008 Civil Causes Decided: 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) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00013-CV Clear Lake City Water Authority v. Kirby Lake Development, LTD., Miter Development Company, L.L.C. and Taylor Lake, LTD. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock 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) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00280-CV In Re: Sterling Chemicals, Inc., Richard Crump, John Beaver, Resurgence Asset Management, LLC, Byron Haney and Paul Rostek Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss DISMISSED: Per Curiam (involuntary dismissal, failure to pay fees) Before Justices Frost, Seymore and Guzman 14-08-00423-CV Austin Kan Doo Plumbing, Inc. and Craig Mundt v. AC Plumbing Supply, Inc. Appeal from 165th District Court of Harris County DISMISSED: Per Curiam (no payment for record or fees) Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00535-CV Spectrum Investments Group, Inc., Yatin J. Patel and Anil Patel v. House of Spices (India), Inc. Appeal from 280th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam (mandamus in criminal case denied) Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00687-CV In Re Christopher Washington Appeal from 263rd District Court of Harris County MOTION OR WRIT DENIED: Per Curiam (mandamus denial) Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00688-CV In Re Christopher Washington Appeal from 263rd District Court of Harris County Criminal Causes Decided: None |
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