| Decisions of the Fourteenth Court of Appeals in Houston January 2008 |
Opinion Release Dates: Jan 10, 15, 17, 22, 24, 29, 31 NOTEWORTHY JANUARY 2008 OPINIONS IN CIVIL CASES Vanderbeek v. San Jacinto Methodist Hospital (Tex.App- Houston [14th Dist.] Jan 31, 2008)(Frost) (workplace injury, premises owner liability) Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue rules, foreign judgment, MTV) BCM v. Camberg (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman)(Rule 11, wrongful death, jury verdict) Mendenhall v. The Estate Of Mendenhall, (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Price)[probate law, res judicata, proceeding in another state] In Re Crown Castle Int. Group (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges) (discovery mandamus, protective order, biz organization law, shareholder suit) WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost)(settlement agreement) Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(per curiam) Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, health care liability, motion to dismiss) Rowan v. Escalante (Tex.App. - Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, sj for defendants reversed) Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler) (real estate transaction law, home purchase, fraud DTPA claim) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007)(Anderson) (HCLC, medical malpractice, limitations) Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)(lis pendens) Gomez v. Pasadena Health Care Management Inc. (Tex.App. - Houston [14th Dist.] Jan. 17, 2008)(Fowler (HCLC, minor's suit, statute of limitations, state constitutional open courts challenge) Justice v. State Farm Lloyds Ins. Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (insurance coverage dispute, homeowners, falling tree mold damage) Concurring Opinion by Justice Frost Thottumkal v. McDougal (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Hedges)(frivolous suit sanctions affirmed) Concurring Opinion by Justice Edelman Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)(sj) (real estate law, finance, home equity loan foreclosure) Engineer v. Engineer II (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Seymore)(family law, divorce, property division, MSA, arbitration award) Gulliver v. Shafer (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Anderson) (real estate law, real property sale, specific performance, rescission) Walker v. Travelers Indemnity Co. (Tex.App. - Houston [14th Dist.] Jan. 15, 2008)(Hedges) (insurance coverage, auto damage, appellate sanctions denied) In Re Wright (Tex.App.- Houston [14th Dist.] Jan 15, 2008)(Guzman)(expunction, mandamus jurisdiction over clerk found lacking, jurisdictional dismissal) Tex Star Motors, Inc. v. Regal Financial Co. (Tex.App. - Houston [14th Dist.] Jan. 10, 2008) (subst. op. on rehearing by Edelman)(breach of contract) Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(Suppl. maj. op. Frost)(vicarious liability, summary judgment) Dumler v. Quality Work by Davidson (Tex.App.- Houston [14th Dist.] Jan. 10, 2008()(Yates) (contractor, breach of contract, attorney's fees) Forrester v. Ginn (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(majority op. on rehearing by Hedges)(DWOP) DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN JANUARY 2008 January 31, 2008 Civil Causes Decided: DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-01-00205-CV Don McCaffety v. Karen Toupard--Appeal from 281st District Court of Harris County Vanderbeek v. San Jacinto Methodist Hospital (Tex.App- Houston [14th Dist.] Jan 31, 2008)(Frost) (workplace injury, premises owner liability) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00783-CV Gary Vanderbeek v. San Jacinto Methodist Hospital Appeal from 125th District Court of Harris County (Judge John A Coselli) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00610-CV Norman H. Stettner v. Brett S. Stettner--Appeal from 281st District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00883-CV In The Interest of J.R.M.--Appeal from 257th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00969-CV Donald L. Young, Et Al v. Chris Di Ferrante--Appeal from County Court at Law No 2 of Galveston County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-01061-CV B. Joe Thomson v. Commission for Lawyer Discipline--Appeal from 127th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00187-CR Gary Alvarez v. The State of Texas--Appeal from 183rd District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-01005-CR Roger Aristotle Vidales v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-01074-CR Camilo Penalosa v. The State of Texas--Appeal from 180th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-01075-CR Camilo Penalosa v. The State of Texas--Appeal from 180th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-08-00026-CR Rodney Wayne Smith v. The State of Texas--Appeal from 228th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-08-00052-CR Paul Davis v. The State of Texas--Appeal from 183rd District Court of Harris County January 29, 2008 Civil Causes Decided: Cantu v. Grossman No. 14-06-00078-CV (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore) (venue rules, foreign judgment, MTV) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman Mark A. Cantu v. Howard S. Grossman, P.A. Appeal from 215th District Court of Harris County (Judge Levi James Benton) Dissenting Opinion by Justice Frost BCM v. Camberg No. 14-06-00500-CV (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman) (Rule 11, wrongful death, jury verdict) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman Baylor College of Medicine v. Roy A. Camberg, Adminstrator of the Estate of Ana Julia Ortiz, Deceased, and Texas Department of Family and Protective Services as Next Friend of Ana Delia Meija Ortiz, Enid Valentina Meija Ortiz, and Rigoberto Mejia Ortiz, Minors Appeal from Probate Court No 1 of Harris County (Judge Russell Austin) Mendenhall v. The Estate Of MendenhallNo. 14-06-00965-CV (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Price) [probate law, res judicata, proceeding in another state] AFFIRMED: Price Before Price, Justices Brock Yates and Guzman Denia Mendenhall v. The Estate of James Mendenhall, Deceased Appeal from 234th District Court of Harris County (Judge Reece Rondon) In Re Crown Castle Int. Group No. 14-07-00460-CV (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges) (discovery mandamus, protective order, biz organization law, shareholder suit) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Boyce In Re: Crown Castle International Corp Appeal from 234th District Court of Harris County (Honorable Reece Rondon) DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00522-CV Wentwood Applewood LP, Wentwood Baytown LP, Wentwood Capital Fund I LP, Wentwood Lakeside I LP, Wentwood Rollingbrook LP, Wentwood Roundhill I LP, Wentwood St. James LP, and Wentwood Woodside LP as the Property Owners and the Property Owners v. The Appraisal Review Board of Harris County Appraisal District--Appeal from 125th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00935-CV In re Medical Carbon Research Institue, L.L.C. and Jack C. Bokros, PH.D.--Appeal from 23rd District Court of Brazoria County DISMISSED: Per Curiam (Before ) 14-07-01025-CV In Re John Gray--Appeal from 230th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-01045-CV In Re Ivo Nabelek--Appeal from 351st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-00994-CR Richard Fitzgerald Barroso v. The State of Texas--Appeal from 268th District Court of Fort Bend County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-00995-CR Richard Fitzgerald Barroso v. The State of Texas--Appeal from 268th District Court of Fort Bend County AFFIRMED: Price (Before Price, Justices Brock Yates and Guzman) 14-07-00287-CR Leon Harrison v. The State of Texas--Appeal from 230th District Court of Harris County January 24, 2008 Civil Causes Decided: WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost)(settlement agreement) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman WesternGeco, L.L.C. and Schlumberger Technology Corporation v. Input/Output, Inc. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Concurring opinion by Justice Guzman Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(per curiam) (substitute opinion vacating judgment pursuant to settlement and joint motion to dismiss) VACATED AND DISMISSED: Per Curiam 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 (Judge David Bernal) DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-06-01100-CV Tonicia Smith v. Arbor Court Apartments--Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00485-CV Fiona Schicker v. Systems and Services Technologies as Servicing Agent for Columbus Bank of Trust--Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00522-CV Wentwood Applewood LP, Wentwood Baytown LP, Wentwood Capital Fund I LP, Wentwood Lakeside I LP, Wentwood Rollingbrook LP, Wentwood Roundhill I LP, Wentwood St. James LP, and Wentwood Woodside LP as the Property Owners and the Property Owners v. The Appraisal Review Board of Harris County Appraisal District--Appeal from 125th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00530-CV In Re Kerry Beal--Appeal from 295th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00681-CV Kevin Ray Daniels v. Deidre Ann Guy--Appeal from 387th District Court of Fort Bend County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00921-CV Best Publications, L.L.P. v. Rick Calloway A/K/A Ricky Calloway Individually and D/B/A Red C. Pool Service--Appeal from County Court at Law No 2 of Fort Bend County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00936-CV Susan Carol Doxey v. Gus G. Tamorello and Sharon Rennee Doxey--Appeal from Probate Court No 3 of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00972-CV Sylvia Richardson v. Fairfield Trails, Et Al.--Appeal from Co Civil Ct at Law No 1 of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-01007-CV Bret Mcaden and Christina Mcaden v. MBNA America Bank--Appeal from 157th District Court of Harris County Criminal Causes Decided: None January 22, 2008 Civil Causes Decided: Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, health care liability, motion to dismiss) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo Rivera and Dr. Franklin Wong v. Donita Rowan and James Niese Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) DISSENTING: Dissenting Opinion by Justice Anderson Rowan v. Escalante (Tex.App. - Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, sj for defendants reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal Before Justices Anderson, Frost and Mirabal 14-06-00197-CV Donita Rowan and James Niese v. Carmelita P. Escalante, M.D., E. Edmund Kim, M.D., Edgardo Rivera, M.D., and Franklin C. Wong, M.D.Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) DISSENTING: Dissenting Opinion by Justice Anderson Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler) (real estate transaction law, home purchase, fraud DTPA claim) AFFIRMED: Opinion by Justice Fowler Before Justices Anderson, Fowler and Frost 14-06-00483-CV George K. Sheffield and Creed Corporation v. John Gibson Appeal from 190th District Court of Harris County (name of judge not shown on docket, presumably Jennifer Elrod) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007)(Anderson) (HCLC, medical malpractice, limitations) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Guzman 14-07-00001-CV Mirna Acosta, Individually and as next of friends, Natural Parent, and Legal Guardian of Denis Acosta v. Memorial Hermann Hospital System, Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, Dinsdale W. Ford, M.D., and Greater Houston Anesthesiology, P.A Appeal from 152nd District Court of Harris County (Judge not identified, presumably Hon. Ken Wise) Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) AFFIRMED: Opinion by Justice Guzman Before Price, Chief Justice Hedges, Justice Guzman 14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D. Appeal from 215th District Court of Harris County (Hon. Levi Benton) Concurring Opinion by Price Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman (Before Justices Brock Yates, Fowler and Guzman) 14-06-00959-CR Virgilio Reyes Aguilar v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00037-CR Jimmie Keith Evans v. The State of Texas Appeal from 174th District Court of Harris County January 17, 2008 Civil Causes Decided: World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)(real estate law, fraudulent transfer in divorce context, lis pendens, actual notice of defective title, cloud on title, potential encumbrance] REVERSED AND REMANDED: Opinion by Justice Anderson Before Judge Sears, Justices Brock Yates and Anderson 14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd) Gomez v. Pasadena Health Care Management Inc. (Tex.App. - Houston [14th Dist.] Jan. 17, 2008)(Fowler (HCLC, minor's suit, statute of limitations, open courts challenge) AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00605-CV Juan Gomez, as Parent and Next Friend of Michael Gomez, a Minor v. Pasadena Health Care Management, Inc., and Southmore Medical Center, LTD. Appeal from 11th District Court of Harris County (Judge not identified on appellate docket sheet) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00955-CV Hattie Blackmon v. National Restoration Technologies Appeal from Co Civil Ct at Law No 4 of Harris County Gomez v. Pasadena Health Care Managment, Inc. (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Fowler) (HCLC, medical malpractice, limitations, open courts) AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00957-CV Juan Gomez as Parent and Next Friend of MIchael Gomez, a Minor v. Pasadena Health Care Management, Inc., and Southmore Medical Center, Ltd. Appeal from 11th District Court of Harris County (Judge Mark Davidson ?) DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00604-CV Vanessa Lopez Coronado v. Ronald and Alana Friudenberg--Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00606-CV Roger G. Carroll v. Rhonda Lynn Carroll--Appeal from 387th District Court of Fort Bend County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00692-CV In the Interest of E.L.--Appeal from 313th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00754-CV Faye D. Bell v. Pallisades Collection, L.L.C. Assignee of At&T--Appeal from County Court of Fort Bend County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00836-CV International Exhibitions, Inc. and Shaun Wymes v. Demosthenes Markantonis--Appeal from 55th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00954-CV Law Offices of Lin & Associates as Assignee of Adriana Lozano and Susana Trevino v. Progressive County Mutual Insurance Company--Appeal from 61st District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00960-CV In the Interest of M.V.--Appeal from 308th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-08-00003-CV In Re Leroy Ray Jacobson--Appeal from 337th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson (Before Price, Chief Justice Hedges, Justice Anderson) 14-07-00178-CR Jesus Alberto Joya v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Guzman and Brown) 14-07-00494-CR Tommy Wayne Gunter v. The State of Texas--Appeal from Co Crim Ct at Law No 8 of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-01099-CR Clifford Jabulani Zimu v. The State of Texas--Appeal from 351st District Court of Harris County January 15, 2008 Civil Causes Decided: Justice v. State Farm Lloyds Ins. Co. No. 14-06-00248-CV (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (Insurance coverage dispute, home owner litigation, falling tree mold damage) AFFIRMED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Frost Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Concurring Opinion by Justice Frost, 14-06-00248-CV Larry Justice, Beth Justice and Karen Justice v. State Farm Lloyds Insurance Company and FTI/SEA Consulting Thottumkal v. McDougal No. 14-06-00364-CV (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Hedges)(frivolous suit sanctions affirmed) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges, Concurring Opinion by Justice Edelman Before Chief Justice Hedges, Justices Fowler and Edelman Jose Thottumkal and Saramma Thottumkal v. Larry McDougal Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) Concurring Opinion by Justice Edelman Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)(sj) (real estate law, home owner law, foreclosure, home equity loan) AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company Appeal from 151st District Court of Harris County (Hon. Caroline Elizabeth Baker) Engineer v. Engineer II No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Seymore)(family law, divorce, property division, MSA, arbitration award) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Gulliver v. Shafer No.14-07-00217-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Anderson) (real estate law, sale, specific performance, rescission, summary judgment) REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy Joel Gulliver ET UX, Mary Ann Gulliver v. Lee Shafer ET UX, Pamela Shafer Appeal from County Court at Law No 1 of Fort Bend County (Hon. Ben "Bud" W. Childers) Walker v. Travelers Indemnity Co. (Tex.App. - Houston [14th Dist.] Jan. 15, 2008)(Hedges) (insurance coverage, auto damage, appellate sanctions denied) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy 14-07-00238-CV Bari Walker v. Travelers Indemnity Company A/K/A Travelers Insurance Appeal from 113th District Court of Harris County (name of judge not shown on appellate docket sheet) In Re Wright No. 14-07-01057-CV (Tex.App.- Houston [14th Dist.] Jan 15, 2008)(Guzman)(expunction, mandamus jurisdiction over clerk found lacking, jurisdictional dismissal) DISMISSED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown In Re Gerald Anthony Wright Appeal from 182nd District Court of Harris County (Judge Jeannine Barr) Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-01120-CR Willie Alvin Griffin Sr v. The State of Texas--Appeal from 400th District Court of Fort Bend County AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-01121-CR Willie Alvin Griffin Sr. v. The State of Texas--Appeal from 400th District Court of Fort Bend County AFFIRMED: Opinion by Chief Justice Hedges (Before Price, Chief Justice Hedges, Justice Anderson) 14-07-00076-CR Shevon Richard v. The State of Texas--Appeal from 230th District Court of Harris County January 10, 2008 Civil Causes Decided: Tex Star Motors, Inc. v. Regal Financial Co. (Tex.App. - Houston [14th Dist.] Jan. 10, 2008) (subst. op. on rehearing by Edelman)(breach of contract) AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Edelman Before Justices Anderson, Hudson and Edelman 14-05-00215-CV Tex Star Motors, Inc. v. Regal Finance Company, Ltd. and Regal Finance Company II, Ltd. Appeal from 61st District Court of Harris County (Hon. John J. Donovan) Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(Suppl. maj. op. Frost)(vicarious liability, summary judgment) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00822-CV Robin Chrismon and Lonnie Chrismon v. Harold J. Brown, Individually and as an Agent of Registered Teams of the Amateur Softball Association of America, and Registered Teams of the Amateur Softball Association of America Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Dumler v. Quality Work by Davidson (Tex.App.- Houston [14th Dist.] Jan. 10, 2008()(Yates)(contractor, breach of contract, attorney's fees) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00536-CV Thomas Dumler and Leslie Dumler v. Quality Work by Davidson and Tri-Way Enterprises Appeal from County Civil Court at Law No 2 of Harris County (Honorable Gary Michael Block) Forrester v. Ginn (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(majority op. on rehearing by Hedges)(DWOP dismissal reversed in restricted appeal) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00549-CV Jeff Forrester and Kim Forrester v. Emmanuel Ginn, A&R Transport, Inc., Keith Jackson, and Steve Brantley Appeal from 333rd District Court of Harris County (Hon. Joseph J. Halbach) Justice Guzman issued a dissenting opinion on rehearing in Forrester v. Ginn DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00357-CV Rose Marie Patronella v. Houston Independant School District--Appeal from 80th District Court of Harris County DISMISSED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-00583-CV Desi Cash and Carry, Inc. v. Syed Shahid Ali and Perdanawati awwad d/b/a Indo Pak Halal Meat Appeal from Co Civil Ct at Law No 3 of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00585-CV AMC Mortgage Services, Inc. v. Guardian Fidelity Title Company and Jerry Ruble--Appeal from 113th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00620-CV In the Interest of T.O.J. and R.O.J.--Appeal from 310th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00905-CV Lee W. Jackson, Jr. v. Glenda G. Jackson--Appeal from 311th District Court of Harris County DISMISSED: Per Curiam (Before Justices Fowler, Frost and Seymore) 14-07-00984-CV Poly-America, L.P. and Poly-America, L.P. Medical and Dental Benefits Plan v. The Methodist Hospital and San Jacinto Methodist Hospital--Appeal from 281st District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Judge Murphy, Justice Anderson) 14-04-00595-CR Hardy, Dearl v. The State of Texas--Appeal from 344th District Court of Chambers County AFFIRMED: Opinion by Justice Seymore (Before Justices Fowler, Frost and Seymore) 14-06-00573-CR Andrew Ramirez Martinez v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRMED AS MODIFIED: Opinion by Justice Anderson (Before Price, Chief Justice Hedges, Justice Anderson) 14-07-00097-CR Gerardo Esquivel Arana v. The State of Texas--Appeal from 177th District Court of Harris County AFFIRMED AS MODIFIED: Opinion by Justice Anderson (Before Price, Chief Justice Hedges, Justice Anderson) 14-07-00098-CR Gerardo Esquivel Arana v. The State of Texas--Appeal from 177th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00509-CR Kevin Gerard Edwards v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRMED: Per Curiam (Before Justices Brock Yates, Fowler and Guzman) 14-07-00510-CR Kevin Gerard Edwards v. The State of Texas--Appeal from 180th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-01000-CR Josue Sandoval v. The State of Texas--Appeal from 180th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-01054-CR Leatrice Lashae Hill v. The State of Texas--Appeal from 230th District Court of Harris 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 Kerriagn 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 |