| Decisions of the Fourteenth Court of Appeals in Houston July 2008 |
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Opinion Release Dates: July 1, 2, 3, 8, 10, 15, 17, 22, 24, 31, 2008 JULY 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN JULY 2008 July 31, 2008 Civil Causes Decided: Chapa v. Traciers & Assoc., Inc. (Tex.App.- Houston [14th Dist.] July 31, 2008)(Guzman) (repossessed car, kids inside, parents' claim rejected) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00056-CV Carlos Chapa and Maria Chapa, Individually and as Next Friend of Carlos Chapa, Jr. and Alex Chapa, Minors v. Traciers & Associates, Incorporated; Traciers & Associates; Traciers; Paul Chambers; and Ford Motor Credit Corp. Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [14th Dist.] Muly 31, 2008)(Frost) (eminent domain, inverse condemnation, plea to the jurisdiction overruled) AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00369-CV The State of Texas v. Clear Channel Outdoor, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Ed Landry In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00429-CV In Re: Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray INTERLOCUTORY APPEAL in same case DISMISSED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00324-CV Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman v. Larry Archer and Wife Susan Archer--Appeal from 165th District Court of Harris County DISMISSED: Per Curiam (no brief filed) Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00958-CV Y Ngoc Mai and Huong Mai-Nguyen v. Farmers Texas County Mutual Insurance Company Appeal from 127th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00344-CV Eunice Taylor v. Forrest Lake Townhouse Association, Inc. Appeal from 80th District Court of Harris County DISMISSED: Per Curiam (nonpayment of fees) Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00472-CV Sonja Leonard v. J.P. Morgan, Et Al. Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith DISMISSED: Per Curiam (temporary injunction appeal dismissed by appellant) Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00532-CV Sugarland @ Greatwood, L.P. and Sugarland @ Greatwood, GP, L.L.C. v. Centerpoint Energy Houston Electric, L.L.C.--Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: ABATED: Per Curiam Before Justices Hudson, Frost and Seymore 14-04-00776-CR Harder, Mary Ann v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00629-CR Fred Michael Rothstein 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 14-07-00634-CR Fred Michael Rothstein v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00731-CR Arthur Chase v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00773-CR Jeff Lee Wright v. The State of Texas Appeal from 253rd District Court of Chambers County AFFIRMED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00875-CR Max Hubert Schamp v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00890-CR Amanda Rene Wilson v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00891-CR Amanda Rene Wilson v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County July 29, 2008 Civil Causes Decided: RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (employment law, written employment contract, remittiture suggested) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-06-00704-CV RePipe, Inc. v. James E. Turpin Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Praise Tabernacle Outreach v. The Restoration Financial Group (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (Church breach of contract, disqualification of counsel) AFFIRMED: Opinion by Justice Eva Guzman Before Justices Brock Yates, Guzman and Brown 14-06-01055-CV Praise Tabernacle Outreach & Family Worship Center and Reflections of Christ's Kingdom v. The Restoration Financial Group, Inc. and Felecia W. Ward Appeal from County Court at Law No 2 & Probate Court of Brazoria County Criminal Causes Decided: REVERSED AND REMANDED: Opinion by Justice Fowler (Before Justices Fowler, Frost and Seymore) 14-05-00129-CR The State of Texas v. Cory A. Stevens Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Justice Guzman (Before Justices Frost, Seymore and Guzman) 14-07-00033-CR David Roy Laurent v. The State of Texas Appeal from 21st District Court of Washington County AFFIRMED: Opinion by Justice Guzman (Before Justices Brock Yates, Guzman and Brown) 14-07-00110-CR Rodger Eugene Mansfield, Jr. v. The State of Texas Appeal from 351st District Court of Harris County AFFIRMED: Opinion by Justice Guzman (Before Justices Brock Yates, Guzman and Brown) 14-07-00476-CR Blay Ruffino v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Price, Chief Justice Hedges, Justice Boyce) 14-07-00484-CR Larry Davis v. The State of Texas Appeal from 337th District Court of Harris Countyuly 24, 2008 Civil Causes Decided: The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (negligence, proportionate responsibility, damages award reduced) AFFIRMED: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-06-00510-CV The Kroger Co. v. Dan Brown Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal In Interest of SRB (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (parentage, nonpaternity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00864-CV In the Interest of S.R.B Appeal from 246th District Court of Harris County Trial Court Judge: Jim York DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00416-CV Charles Trinh v. Robert L. Bucher, II Appeal from 215th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00493-CV Aaron Rush v. Fannie Mae a/k/a Federal National Mortgage Association Appeal from County Civil Court at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00546-CV Edward Bradley as Applicant for AVW, Inc. d/b/a Adult Video Megaplexxx v. City of Houston--Appeal from 334th District Court of Harris County Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler) (settlement agreement, usuary law not applicable) AFFIRMED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00673-CV Frank F. Starr v. Henry Dart Appeal from 189th District Court of Harris County Trial Court Judge: William R. Burke JR. The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce) (City of Houston litigation, immunity to contract claim waived by statute) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Guzman and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroliine Elizabeth Baker DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00909-CV Kimberly Mitchell v. John Coselli, Et Al Appeal from 333rd District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-01032-CV Natasha Tran and Ricshard Nguyen d/b/a NBA Construction and Remodeling v. Long Duong, Luyen Anna Vo and Duong Auto Care Corporation Appeal from 281st District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-08-00112-CV Lynn L. Goetz v. The Hancock Firm, LLC Appeal from 55th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00167-CV In the Interest of E.E.C., S.M.C., and V.C. Appeal from 313th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00262-CV In the Interest of E.M.J. and B.M.J. Appeal from 309th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00365-CV Christopher J. McCloskey v. Anne Miriam McCloskey Appeal from 387th District Court of Fort Bend County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00426-CV Roger Hoskins Sr. v. Tameka Hoskins Appeal from 311th District Court of Harris County In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown) (discovery mandamus denied, order of protection, privilege claim waived) MOTION OR WRIT DENIED: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-08-00457-CV In Re: Heide Ortuno, Individually and as next friend of J.O. a minor child Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00581-CV In Re: Nathan Lish--Appeal from Co Civil Ct at Law No 1 of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00636-CV In Re Jason Dewayne Jeffery--Appeal from 387th District Court of Fort Bend County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Boyce 14-08-00645-CV In Re Lionel Newman--Appeal from 230th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00030-CR Bradley Abiud Perez v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00209-CR Alexis Silva Rosa v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00374-CR Risaya Thompson v. The State of Texas Appeal from 208th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00542-CR James Conerly v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00617-CR Carlos Martinez v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00683-CR Christopher Shane Spencer v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00323-CR Quindarren Teronne Davis v. The State of Texas Appeal from 252nd District Court of Jefferson County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00324-CR Quindarren Teronne Davis v. The State of Texas Appeal from 252nd District Court of Jefferson County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00375-CR Emeka Agboh v. The State of Texas Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00379-CR Emeka Agboh v. The State of Texas Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00464-CR Joseph Julius Matte v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00606-CR Ray Davon Woodard v. The State of Texas Appeal from 241st District Court of Smith County July 22, 2008 Civil Causes Decided: Grimes County Bail Bond Bd. v. Ellen (Tex.App. - Houston [14th Dist.] July 22, 2008)(Boyce) (license suspension, revocation, reinstatement) REVERSED AND REMANDED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-06-00906-CV Grimes County Bail Bond Board v. Sonny Ellen D/B/A Sonny Ellen Bail Bonds Appeal from 12th District Court of Grimes County Trial Court Judge: William L. McAdams REVERSED AND REMANDED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-06-00907-CV Grimes County Bail Bond Board v. Sonny Ellen D/B/A Sonny Ellen Bail Bonds Appeal from 12th District Court of Grimes County Trial Court Judge: William L. McAdams Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code. The court affirms.) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar Pacha, M.D., P.A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick Casey, Minor Surviving Children of Kevin John Casey; Gretchen Casey, as Personal Representative of the Estate of Kevin John Casey; and John Casey and Joan Casey Appeal from 11th District Court of Harris County (Judge Mark Davidson) Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) AFFIRMED: Opinion by Justice Jeffrey Brown Before Justices Brock Yates, Anderson and Brown 14-07-00314-CV Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds Insurance Company Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray DISMISSED: Per Curiam (motion for DNA testing without petition for writ of mandamus, DWOJ Before Justices Brock Yates, Anderson and Brown 14-08-00554-CV In Re Romarcus Deon Marshall Appeal from 179th District Court of Harris County DISMISSED: Per Curiam (no mandamus jurisdiction in this criminal appellate matter) Before Justices Brock Yates, Anderson and Brown 14-08-00564-CV In Re Billy Holmes Appeal from 263rd District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Anderson and Brown) 14-06-01130-CR Jason Dubois Sanders v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00021-CR Jonathan Joe Cooper v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00129-CR Deaundrey Laval Wooten v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00130-CR Deaundrey Laval Wooten v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00131-CR Deaundrey Laval Wooten v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00443-CR Rufus Francklin Banks v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00554-CR Salvador Zavala v. The State of Texas Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00625-CR Moses Barracks v. The State of Texas Appeal from 184th District Court of Harris County July 17, 2008 Civil Causes Decided: In re Kerry Beal (Tex.App.- Houston [1st Dist.] July 17, 2008) (per curiam) (untimely notice of appeal) 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 Trial Court Judge: Tracy Kee Christopher Wellington Underwriting Agencies Limited v. The Houston Exploration Co. (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hedges) (ILA interlocutory appeal certified, insurance coverage, oil production offshore) REVERSED AND REMANDED: Opinion by Chief Justice Hedges 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, Inc. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00400-CV Jesse Morales v. Douglas Simpkins Appeal from 270th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00051-CR Floyd Atkins v. The State of Texas Appeal from 208th District Court of Harris County July 15, 2008 Civil Causes Decided: Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (PI, fire truck collision, official immunity defense rejected, cases with dissents and/or concurrences) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] July 15, 2008)(Brown) (summary judgment) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00380-CV Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum Company, Inc. Appeal from 335th District Court of Washington County Trial Court Judge: Terry Flenniken Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00804-CR Lawrence Wayne Atkins v. The State of Texas Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-06-00836-CR Joe Salinas v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-07-00045-CR Newman Mikey Richard v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00410-CR Maurice Rachal v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRMED: Price Before Price, Chief Justice Hedges, Justice Boyce 14-07-00742-CR Desmond Jerod Grays v. The State of Texas Appeal from 400th District Court of Fort Bend County July 10, 2008 Civil Causes Decided: Public, Inc. v. County of Galveston (Tex.App.- Houston [14th Dist.] July 10, 2008)(Anderson) (taxing of non-profits) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00458-CV Public, Inc. v. County of Galveston and City of Galveston Appeal from 212th District Court of Galveston County Trial court judge: Judge Susan Criss Ganim v. Cotton USA, LP (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (quantum meruit) AFFIRMED AS MODIFIED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00835-CV John Ganim v. Cotton USA, L.P. Appeal from 55th District Court of Harris County In the Interest of CJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (termination of parental rights) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00838-CV In the Interest of C.J., a child Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne In the Interest of CMJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (termination of parental rights) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00839-CV In the Interest of C.M.J., a Child Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne DISMISSED: Per Curiam (record not paid for) Before Justices Brock Yates, Anderson and Brown 14-08-00357-CV Mary B. Ligon v. FIA Card Service, N.A Appeal from County Civil Court at Law No 4 of Harris County DISMISSED: Per Curiam (failure to pay for record) Before Justices Brock Yates, Anderson and Brown 14-08-00416-CV Farhan Qureshi, individually and d/b/a Red & White Snooker aka Red & White Snooker Pool Hall; and Methab Corporation, d/b/a Red & White Snooker a/k/a Red & White Snooker Pool Hall v. Garden City Boxing Club, Inc. as Broadcast Licensee of the September 13, 2003, De La Hoya/Mosley Event--Appeal from 333rd District Court of Harris County In Re Bruce R. Hotze (Tex.App.- Houston [14th Dist.] July 10, 2008)(per curiam) (election law, city proposition dispute) DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00421-CV In Re Bruce R. Hotze--Appeal from of County Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00451-CR Adrian Terrell Wilson v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00730-CR Efrend Cantoral v. The State of Texas Appeal from 23rd District Court of Brazoria County DISMISSED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00307-CR Mary Gregory v. The State of Texas Appeal from Co Crim Ct at Law No 1 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00443-CR Preston Williams v. The State of Texas Appeal from 180th District Court of Harris County July 8, 2008 Civil Causes Decided: None Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00462-CR David Paul Sholmire v. The State of Texas Appeal from County Criminal Court at Law No 7 of Harris County AFFIRMED: Price Before Price, Chief Justice Hedges, Justice Boyce 14-07-00757-CR Stevaughn Andre Brown v. The State of Texas Appeal from 351st District Court of Harris County July 3, 2008 Civil Causes Decided: WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates) (real estate transaction, equitable lien) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Brock Yates Before Judge Sears, Justices Brock Yates and Guzman 14-06-00671-CV WMC Mortgage Corp., Emmanuel D. Gaines, and Darrell Turner v. James Adams and Dorothy Adams Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges) (cases with dissents and/or concurrences)(accelerated appeal, special appearance denied, personal jurisdiction, individual liability of corporate officer based on Texas Trust Fund Act ) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00270-CV Dan Kelly and Laura Hofstatter v. General Interior Construction, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Dissenting Opinion by Justice Frost DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00344-CV Loretter Brock v. Bank of New York Appeal from County Civil Court at Law No 1 of Harris County Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice, breach of fiduciary duty, BoFD, claim splitting, expert testimony to prove malpractice, failure to produce expert, continuance properly denied) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00619-CV Scott Duerr and Kimberly Duerr v. Ron Brown, Aaron Dickey, Brown & Crouppen, P.C., George Fleming, Andres Pereira, and Fleming & Associates, L.L.P. Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (city's immunity claim, waived for breach of contract by statute, City of Houston litigation, Tooke progeny) (no recovery of lost profits, quantum meruit, or tort claims not covered by the TTCA, Tooke is binding and we will follow it) AFFIRMED: Opinion by Justice William Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-01056-CV Dov Avni Kaminetzky aka Dov K. Avni v. Union Planters Bank and Union Planters Bank N.A.--Appeal from 333rd District Court of Harris County In re Kevin J. Smith (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost) (SAPCR, mandamus petition to set aside grandparent access order denied, standing doctrine) MOTION OR WRIT DENIED: Opinion by Justice Frost Before Price, Justices Frost and Seymore 14-08-00164-CV In Re Kevin John Smith and Debbie Stanley Smith Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00281-CV Mary Riggins v. Ronald E. Hill, West Columbia Plaza, Ltd., Linda C. Hill, and Lucky Lindy Development Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00321-CV Keith Wayne Carter v. Channelle Lavette Glover Appeal from 279th District Court of Jefferson County Trial Court Judge: Judge Jeffery R. Shelton DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00396-CV Ambriz K. Mack v. Unifund CCR Partners Appeal from County Civil Court at Law No 4 of Harris County MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-08-00510-CV In Re: Sugarland@Greatwood, L.P. and Sugarland@Greatwood GP, L.L.C. Appeal from 268th District Court of Fort Bend County Trial Court Judge: Brady G. Elliott Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Frost and Boyce 14-07-00433-CR Michael Wayne Barnes v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00471-CR Tiffany Moneke Woodberry v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: 14-07-00812-CR Willie Devon Kiser v. The State of Texas Appeal from 400th District Court of Fort Bend County July 1, 2008 Civil Causes Decided: O'Kane v. Coleman (Tex.App.- Houston [14th Dist.] July 1, 2008)(Fowler)(lease law, theft liability act claim, amendment of pleadings prior to hearing, tortious interference, defense of privilege, denial of motion for continuance, admissions exclusion of sj evidence) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00657-CV Jon Richard O'Kane v. Jeff Coleman, Individually and Enterprise Rent-A-Car Company of Texas, Inc. Appeal from 10th District Court of Galveston County Trial Court Judge: David Edward Garner Verm v. HCAD (Tex.App.- Houston [14th Dist.] July 1, 2008)(Yates) (property tax appeal, no denial of due process) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-06-01046-CV Ray A Verm & Jane Verm, as the Property Owners and the Property Owners v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker In the Estate of Gaines (Tex.App.- Houston [14th Dist.] July 1, 2008)(Anderson) (probate matter estate, disqualification of independent executor of estate proper, production of bank records, attorney's fee award to bank not supported by pleadings and void, turnover order, no jurisdiction over interlocutory rejection of claim) AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00257-CV In the Estate of Margaret Lynn Gaines, Deceased Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Jerry Lee Mills Marvin v. Fithian (Tex.App.- Houston [14th Dist.] July 1, 2008)(Seymore) (HCLC, interlocutory appeal, failure to provide proper post-operative care, doctor's motion to dismiss properly denied) AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-07-00996-CV Robert Marvin v. Vicki Fithian Appeal from 334th District Court of Harris County Trial Court Judge: Joseph J. Halbach Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore) 14-06-00798-CR Oscar Gutierrez v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00799-CR Oscar Gutierrez v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED AND REFORMED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00879-CR Tyree Jack Jones II v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-06-01127-CR Ruben Gonzalez, Jr. v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-06-01128-CR Ruben Gonzalez, Jr. v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00301-CR John Byron Simmons v. The State of Texas Appeal from Co Crim Ct at Law No 10 of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00408-CR Federico M. Garza v. The State of Texas Appeal from 177th District Court of Harris County |
| 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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