| Decisions of the Fourteenth Court of Appeals in Houston February 2008 |
Opinion Release Dates: Feb. 5, 7, 12, 14, 19, 21, 26, 2008 NOTEWORTHY FEBRUARY 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN FEBRUARY 2008 February 26, 2008 Civil Causes Decided: Bancorp South Bank v. Prevot (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Seymore) (domestication and enforcement of foreign judgments, UEFJA) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot Appeal from 215th District Court of Harris County (Judge Levi Benton) Exxon Mobil Corp. v. Hines No. 14-06-00745-CV (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Hedges) (employment law, age discrimination, defamation) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Seymore Exxon Mobil Corporation v. Dwight Hines and Shannon Everett Appeal from 125th District Court of Harris County (Judge John Coselli) Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-00691-CR Jose Luis Garcia v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore) 14-06-00723-CR Robert Earl Elkins v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01012-CR Jose Marcos Tijerino v. The State of Texas Appeal from 177th District Court of Harris County February 21, 2008 Civil Causes Decided: Witte v. Witte (Tex. App.- Houston [14th Dist.] Feb. 21, 2008)(Edelman)(family law, divorce property division, separate and community property) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00768-CV Gerard Alan Witte v. Cynthia Grace Witte Appeal from 312th District Court of Harris County (Judge James D. Squier) Concurring Opinion by Justice Frost in Witte v. Witte (Tex.App.- Houston [14th Dist.] Feb. 21, 2008) (Concurrence by Frost) In re Akin Gump Strauss Hauer & Feld LLP (Tex.App.- Houston [14th Dist.] Feb. 21, 2008)(Frost) (Client-attorney fee dispute, intellectual property) MOTION OR WRIT DENIED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-07-00402-CV In Re: Akin Gump Strauss Hauer & Feld LLP, Et Al Appeal from 11th District Court of Harris County (Judge Mark Davidson) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00448-CV RIchard Nunez Carmona, d/b/a Los Magnificos Low Rider Car Club, d/b/a Finest Few Low Rider Club, d/b/a The Joel Carmona Supercustom Car Show, d/b/a Space City Promotions, d/b/a Bumper2Bumper Car Show v. Al Stahely, Jr., d/b/a The Law Office of Al Stahely, Jr.,--Appeal from 270th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00513-CV Wayne Buford v. Texas Department of Criminal Justice, Arthur Velasquez, Ernest Johnson, Herman Weston, Jr., James Mossbauger, Rory Knot, Cecilia Okoye, and F. Rodriguez--Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00602-CV Thomas R. Ajamie and Ajamie LLP v. Robert Weiss and Robert H. Weiss & Associates, P.C.--Appeal from 151st District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00716-CV Valentin Estrada Medina v. The State of Texas--Appeal from County Court of Colorado County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00745-CV Dov Avni Kaminetzky A/K/A Dov Avni v. Mission Bend No.5 Home Association, Inc.--Appeal from 281st District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00961-CV Lady Sonia Marie McMorris d/b/a Tigris Blanca v. Don Ballard, TWC--Appeal from 80th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00986-CV Cherrise J. Ivy v. Betty J. Davis and Michael Joseph Lewis--Appeal from 215th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-01009-CV Esther Nava Habad v. Pascual Carmona Palma--Appeal from 311th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-08-00022-CV In Re Clarence Brown, Sr.--Appeal from 230th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-08-00092-CV In Re Kendal Ray Smith--Appeal from 182nd District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost (Before Chief Justice Hedges, Justices Anderson and Frost) 14-06-00498-CR Kendrick Paul Ina v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-01043-CR William Jonathan Hoch v. The State of Texas--Appeal from 212th District Court of Galveston County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-08-00007-CR Christopher Burks v. The State of Texas--Appeal from 180th District Court of Harris County February 19, 2008 Civil Causes Decided: Comunidad Balboa, LLC. v. City of Nassau Bay (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Hedges) (default judgment reversed, no-answer default judgment not proper after answer filed, finality) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-07-00259-CV Comunidad Balboa, LLC v. City of Nassau Bay Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates)(HCLC, expert reports sufficient) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-07-00545-CV Mansour Sanjar, M.D., and Ted W. Krell, M.D. v. Augustine Turner, Lionel Coleman, Sr., Ronniqua D. Coleman, and Laporscha Coleman, As Heirs and Representatives of the Estate of Karen Yvette Green--Appeal from 215th District Court of Harris County (Judge Levi James Benton) In Re Stephen Yamin, Sr. (Tex.App.- Houston [14th Dist.] Feb. 19, 2008) (per curiam) MOTION OR WRIT DENIED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-01035-CV In Re Stephen M. Yamin, Sr. Appeal from County Court at Law No 1 of Galveston County In Re Horizon Wirless (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(per curiam denial of discovery mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Fowler, Frost and Seymore 14-08-00070-CV In Re Horizon Wireless and Shabih "Alex" Aslam Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson (Before Price, Chief Justice Hedges, Justice Anderson) 14-06-00544-CR Steven Allen Nelson v. The State of Texas--Appeal from 268th District Court of Fort Bend County AFFIRMED: Opinion by Justice Fowler (Before Justices Brock Yates, Fowler and Guzman) 14-06-00794-CR Rickie Lynn Graves v. The State of Texas--Appeal from 268th District Court of Fort Bend County AFFIRMED: Opinion by Justice Fowler (Before Justices Fowler, Frost and Seymore) 14-06-01026-CR Zachary Winslow Alley v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00229-CR Carl Anthony Lee v. The State of Texas--Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00269-CR Jerry Dean Pyeatt v. State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00271-CR Jerry Dean Pyeatt v. State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00272-CR Jerry Dean Pyeatt v. State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00292-CR Teodoro Velasquez-Anariba v. The State of Texas--Appeal from 351st District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00307-CR Gilbert Rodriguez IV v. The State of Texas--Appeal from 183rd District Court of Harris County February 14, 2008 Civil Causes Decided: Simplified Development Corp. v. Garfield (Tex.App. - Houston [14th Dist.] Feb. 14, 2008)(subst. op. by Anderson) (breach of contract, jury trial, admission of evidence, damages) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. Jon Garfield Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher) General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008)(Guzman) (insurance law, duty to defend, indemnify) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00662-CV General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc. Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Dissenting Opinion by Justice Brock Yates DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00977-CV Huisache Acres, Et Al. v. Ricardo Nazario, Et Al.--Appeal from Co Civil Ct at Law No 2 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-01034-CV Robert Vincent Connors d/b/a RVC Services v. R Squared Design Construction L.L.C.--Appeal from 295th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-08-00041-CV Felix Michael Kubosh v. The City of Houston--Appeal from 127th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler (Before Justices Fowler, Frost and Seymore) 14-06-00753-CR Marlon Jamar Jefferson v. The State of Texas--Appeal from 338th District Court of Harris County February 12, 2008 Civil Causes Decided: CLear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(Frost) (governmental immunity, breach of contract, Tooke progeny) REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd. Appeal from 281st District Court of Harris County (Judge David J. Bernal) Lovall v. Yen (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(lease law, eviction, lease, unpaid rent, bond, supersedeas, registry of the court) DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00770-CV Lizzie Lovall v. Judy Yen Appeal from Co Civil Ct at Law No 3 of Harris County (Judge Hon. Lynn Bradshaw-Hull) Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00877-CR Antonio Salazar v. The State of Texas--Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-01027-CR Carol Ann Hoey 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) 14-07-00046-CR Jose Gutierrez v. The State of Texas--Appeal from 248th District Court of Harris County February 7, 2008 Civil Causes Decided: In the Interest of RLR, III (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Sears) (juvenile cases, revocation of probation) AFFIRMED: Opinion by Judge Sears Before Judge Sears, Justices Brock Yates and Guzman 14-06-00926-CV In the Interest of R.L.R. III Appeal from 306th District Court of Galveston County (Judge Janis Louise Yarbrough) Fe De La Calzada v. American First National Bank (Tex.App.- Houston [14th Dist] Feb. 7, 2008) (Seymore) (promissory note) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00022-CV Fe De La Calzada v. American First National Bank Appeal from 234th District Court of Harris County (no judge name shown) DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00258-CV In the Interest of D.A. & E. H. Appeal from 313th District Court of Harris County EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal, injunction vacated) REVERSED AND DISMISSED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00415-CV EPG, Inc. & Stanton Holt v. RDM, Inc. Appeal from 129th District Court of Harris County (Judge Grant Dorfman) MOTION OR WRIT GRANTED: (Before ) 14-07-00653-CV In Re: Calvin D. Wells d/b/a/ Wells & Son Roofing Company--Appeal from Co Civil Ct at Law No 1 of Harris County DISMISSED: (Before ) 14-07-00822-CV Hill Sanders, III, Et Al v. H Bot Properties--Appeal from Co Civil Ct at Law No 2 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-01082-CV Tarsha Jackson, et al v. Trustmark National Bank--Appeal from Co Civil Ct at Law No 4 of Harris County MOTION OR WRIT DENIED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-08-00045-CV In Re Clifford G. Olson, III--Appeal from 208th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-08-00064-CV In Re Lionel Newman--Appeal from 230th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-06-00292-CR Larry Jones v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00102-CR Ioneshea Anshauna Cole v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Judge Sears (Before Judge Sears, Justices Brock Yates and Guzman) 14-07-00434-CR Jesus Ruben Gonzales v. The State of Texas--Appeal from Co Crim Ct at Law No 11 of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00555-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00556-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00557-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00558-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00559-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00560-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00561-CR Alaa Abbas Elkhafage v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00744-CR Jyminn Kairil Boatner v. The State of Texas--Appeal from 338th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-01073-CR James Anthony Carlisle v. The State of Texas--Appeal from 248th District Court of Harris County February 5, 2008 Civil Causes Decided: Hornell Brewing Co., Inc. v. Lara (Tex.App.- Houston [14th Dist.] Feb. 5, 2008)(Yates) (default judgment, motion for new trial, defective product, personal injury) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00602-CV Hornell Brewing Co., Inc. (a/k/a Arizona) v. Modesto Tony Lara Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Dissenting Opinion by Justice Fowler in Hornell Brewing Co., Inc. (a/k/a Arizona) v. Modesto Tony Lara Brownlow v. State of Texas (Tex.App. - Houston [14th Dist.] Feb. 5, 2008)(Price)(government entities, inverse condemnation suit, sovereign immunity) REVERSED AND REMANDED: Price Before Price, Chief Justice Hedges, Justice Anderson 14-07-00547-CV Charles Lynn Brownlow and Marlene H. Brownlow v. The State of Texas Appeal from 149th District Court of Brazoria County (Judge Robert E. May) Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00989-CR Heriberto Muniz v. The State of Texas--Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00250-CR James Arthur Newby v. The State of Texas--Appeal from 23rd District Court of Brazoria County |
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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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