Decisions of the Fourteenth Court of Appeals in Houston March 2008 |
Opinion Release Dates: Mar. 4, 6, 2008 NOTEWORTHY MARCH 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MARCH 2008 March 11, 2008 Civil Causes Decided: REVERSED AND REMANDED: Opinion by Justice Fowler (Before ) 14-06-00579-CV Maggie Feng Hong, Bo Hong, IAE Supply, Inc. and IAE Energy & Supplies, Inc. v. Integrated Applications Engineering, Inc. and David Howe--Appeal from 268th District Court of Fort Bend County DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson (Before ) 14-06-01054-CV Patrick Olajide Akinwamide v. Transportation Insurance Co., CNA Insurance Co. & Automatic Data Processing, Inc.--Appeal from 80th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before ) 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop--Appeal from Co Civil Ct at Law No 1 of Harris County REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler (Before ) 14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden--Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore (Before ) 14-06-00816-CR Vincent Chukuemeka Agu v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before ) 14-07-00253-CR Christian Guadalupe Hernandez v. The State of Texas--Appeal from 174th District Court of Harris County March 6, 2008 Civil Causes Decided: Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00548-CV Mitchell K. Lowe v. Dietrich Industries, Inc. Appeal from 344th District Court of Chambers County DISMISSED: Per Curiam Before Justices Brock Yates, Fowler and Guzman 14-07-00668-CV Gregory A. Buford, Gulf Coast Demolition Services, L.P., and Buford & Connell Construction Services, Inc. v. Partners Bank of Texas Appeal from 55th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-00893-CV Janeth R. Jackson and A.R. Brake-Wrecker Service, Inc. v. Carmen Olivera Appeal from Co Civil Ct at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Fowler, Frost and Seymore 14-07-00997-CV John Brian Dubiski v. Michelle R. Dubiski Appeal from 311th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-01012-CV Garry Edward Moulton v. Shella Faye Moulton Appeal from 246th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean Appeal from 281st District Court of Harris County In Re Next Financial Group, Inc. (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(per curiam denial) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00005-CV In Re Next Financial Group, Inc. Appeal from 152nd District Court of Harris County (Judge Ken Wise) Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00286-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00287-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-06-00540-CR Deshun Thomas v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00747-CR Richard Garza v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00909-CR Willie Ray Sample v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01104-CR Sylvester Earl Lofton v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01155-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01156-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00274-CR Raymond Ladaniel James v. The State of Texas Appeal from 262nd District Court of Harris County March 4, 2008 Civil Causes Decided: Norra v. Harris County, Texas No. 14-05-01211-CV (Tex.App. - Houston [14th Dist.] Mar. 4, 2008) (Guzman) (civil penalty for environmental violations affirmed) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman Carol Ann Norra v. Harris County, Texas; Texas Commission on Environmental Quality; and Texas Department of Health Appeal from 55th District Court of Harris County (Judge now Justice Jeff Brown) In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(Fowler) (termination of parental rights reversed) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-07-00140-CV In the Interest of A.S., D.S. and L.A.S Appeal from 314th District Court of Harris County (Judge John Phillips) In re McCloske (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(per curiam) (mandate compliance) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00105-CV In Re Christopher Joseph McCloske Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00890-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00891-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County Causes Set for Submission on Oral Argument SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/4/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-07-00063-CV AKIB Construction Inc. v. Neff Rental Inc. Harris 14-07-00228-CR Gari Manfredo Chacon v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/5/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Boyce) 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/6/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-01092-CV In the Matter of the Seizure of Gambling Proceeds and Devices Harris 14-07-00237-CV GP II Energy, Inc., George P. Mitchell, II and Brian M. Sirgo, v. Chamberlain, Hrdlicka, White, Williams & Martin, A Partnership of Professional Corporation, and Brian L. Gennity Harris 14-08-00065-CV In Re: Amy Elizabeth Burk Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/12/2008 AT 1:30 PM (Before Justices Brock Yates, Guzman and Brown) 14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation Solutions, LLC Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/25/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00717-CV SP Midtown Ltd. d/b/a Space Place Midtown v. Urban Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse and d/b/a Midtown Self Storage , Midtown Storage, L.L.C and The Jenkins Organization, Inc., Harris 14-07-00739-CV Syed Ahmed v. Metropolitan Transit Authority Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Mirabal) 14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris, Deceased v. Jalil Thurber, M.D., Julie Kathyryn McManemy, M.D. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Justices Fowler, Frost and Seymore) 14-06-00924-CV Kirby Lake Development, Ltd., Et Al v. Clear Lake City Water Authority Harris 14-07-00103-CV Sonic Systems International, Inc. v. Randy Croix, Eddie Croix Insurance Agency, Inc. and Texas Mutual Insurance Company F/K/A Texas Worker's Compensation Insurance Fund Harris 14-07-00129-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00130-CR Deaundrey Laval Wooten v. The State of Texas Harris 14-07-00131-CR Deaundrey Laval Wooten v. The State of Texas Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 3/27/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00099-CV Chappell Hill Bank v. Lillian Smith Washington 14-07-00380-CV Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum Company, Inc. Washington SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/1/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00970-CV Wellington Underwriting Agencies Limited, Et Al v. The Houston Exploration Company and Offshore Specialty Fabricators Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/2/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-06-00716-CV Clearview Properties, L.P., Michael Starcher, Trustee for the Crown Hill Trust, Craig Walker d/b/a Clearview Properties, L.P., and Clearview Investments Ltd. v. Property Texas SC One Corporation , Clarion Partners, LLC, Granite Partners, LLC d/b/a Granite Partners I, LLC, Triple Net Prperties, LLC, T Reit, L.P., and T Reit, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/3/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/8/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Frost and Boyce) 14-07-00352-CV Underwriters at Lloyds Subscribing to Policy Nos. MDJ03/L075 and MDJ03/Z0165 and Markel International Insurance Company Limited Subscribing to Policy No. MDJ03/A0165 v. Edmond Deaton & Stephens Insurance Agency, Inc. Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/9/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00354-CV The Appraisal Review Board of Harris County Appraisal District, and Robert Cunningham, former Chairman v. O'Connor & Associates, Et Al Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/10/2008 AT 1:30 PM (Before Justices Frost, Seymore and Guzman) 14-07-00150-CV Ahmad Moutasse, Rajar Pacha, M.D., v. Gretchen Casey, Individually, Et Al Harris 14-07-00210-CV Donna Ardoin, Individually, and as legal Representative of the Estate of Floyd Ardoin, Deceased v. Anheuser Busch, Incorporated Harris 14-07-00330-CV Tara Partners, Ltd., Granada Terrace, Ltd., David R. Wise, 1606 Savannah LLC, Windsor Gardens Ltd., and Freeport Villa Brazos Apartments Ltd., v. City of South Houston Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/18/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00050-CV Headington Oil Company, L.P., on it's own behalf and as successor-in-interest to Headington Canada Corp. and Headington Oil Company & Bruce Gary v. Modesto White, Jr. & Richard N. Evans Chambers 14-07-00193-CR Luther Windham v. The State of Texas Chambers 14-07-00895-CV Arboretum Nursing and Rehabilitation Center of Winnie, Inc v. Mary Isaacks, Individually and as Representative of the Estate of Robert Isaacks SR., Deceased and Robert L. Isaacks, JR and Debra Gernert Individually Chambers SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/22/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00082-CV Classic Contractors of Houston Ltd., and Classic GP, LLC & Western Surety Company ("WSC") v. Triple B Services, LLP Harris 14-07-00304-CV Patrick Reinhardt v. Joe Walker Brazoria 14-07-00613-CV Sheela Chacko, Individually, as Administratrix of the Estate of James Chacko, Deceased, and as Next Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, Inc., D/B/A Shiva Indian Resturant, II Fort Bend SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/23/2008 AT 1:30 PM (Before Justices Brock Yates, Anderson and Brown) 14-07-00170-CV Allied Mortgage Capital Corporation and Jason Clint Price v. Advantage Investors Mortgage Corporation and Access Lending Corporation Harris SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/24/2008 AT 1:30 PM (Before Justices Fowler, Seymore and Guzman) 14-07-00057-CV CA Partners v. Marshall Spears and CitiFinancial, Inc. Galveston 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Waller SET FOR SUBMISSION ON ORAL ARGUMENT ON 4/29/2008 AT 1:30 PM (Before Chief Justice Hedges, Justices Anderson and Brown) 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually & as Representative of the Estate of Robert Charles Ernst, and Angela Ernst Brazoria |
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CIVIL, FAMILY, AND JUVENILE STATE DISTRICT COURTS IN HARRIS COUNTY 11th DC Judge Mark Davidson 55th DC Judge Jeff Shadwick 61st DC Judge John Donovan 80th DC Hon. Lynn Bradshaw-Hull 113th DC Judge Patricia Hancock 125th DC Judge John Coselli 127th DC Judge Sharolyn Wood 129th DC Judge Grant Dorfman 133rd DC Judge Lamar McCorkle 151st DC Judge Caroline E. Baker 152nd DC Judge Kenneth Wise 157th DC Judge Randall Wilson 164th DC Hon. Martha Hill Jamison 165th DC Judge Elizabeth Ray 189th DC Judge Bill Burke 190th DC Judge Patricia Kerrigan 215th DC Judge Levi Benton 234th DC Judge Reece Rondon 245th DC Judge Annette Kuntz 246th DC Judge Jim York 247th DC Judge Bonnie Hellums 257th DC Judge Judy Warne 269th DC Hon. John T. Wooldridge 270th DC Judge Brent Gamble 280th DC Judge Tony Lindsay 281st DC Judge David J. Bernal 295th DC Hon. Tracy Christopher 308th DC Hon. Georgia Dempster 309th DC Judge Frank Rynd 310th DC Judge Lisa Millard 311th DC Judge Doug Warne 312th DC Judge James Squier 313th DC Judge Pat Shelton 314th DC Judge John Philip 315th DC Judge Mike Schneider Jr 333rd DC Hon. Joseph Halbach Jr. 334th DC Judge Sharon McCally |
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Opinion Release Dates: Mar. 4, 6, 11, 12, 13, 18, 20, 27, 2008 NOTEWORTHY MARCH 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MARCH 2008 March 27, 2008 Civil Causes Decided: Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (interlocutory appeals dismissed, arbitration mandamus granted) DISMISSED: Opinion by Justice Frost 14-07-00303-CV Aspen Technology, Inc. v. Abe Shasha Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Frost 14-07-00469-CV In Re Aspen Technology, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray Michael V. Kelly, II, MD v. Rendon (Tex.App. - Houston [1st Dist.] Mar. 27, 2008)(Anderson) (HCLC) AFFIRMED: Opinion by Justice Anderson 14-07-00622-CV Michael V. Kelly, II, M.D. and Michael V. Kelly, II, M.D., P.A. d/b/a Aesthetic Surgery Center of Houston; Amit Annamaneni, M.D. and Respiratory Center of North Houston, P.A.; Luis Enrique Castillo, M.D. and North Houston Infectious Disease Associates Cor v. Isidro Rendon, Individually and as Repersentative of the Estate of Yolanda Leal Rendon; Julian Rendon and Lauren Rendon Appeal from 80th District Court of Harris County Trial Court Judge: Lynn M. Bradshaw-Hull DISMISSED: Per Curiam 14-07-00659-CV Oralia Acosta v. Nova Information Systems, Texas Workforce Commission and C.A. Van Nice Special Hearings Appeal from County Court at Law No 1 of Galveston County Trial Court Judge: Roy M. Quintanilla DISMISSED: Per Curiam 14-07-00921-CV Best Publications, LLP 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 Trial Court Judge: Walter S. McMeans Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman 14-06-00827-CR Willie Ann Burton v. The State of Texas Appeal from 182nd District Court of Harris County March 20, 2008 Civil Causes Decided: Engineer v. Engineer (Tex.App.- Houston [14th Dist.] Mar. 20, 2008)(subst. opinion by Seymore) (mediated settlement agreement) (decree did not vary from, but gave effect to MSA and arbitration award) AFFIRMED: Opinion by Justice Seymore 14-06-01099-CV Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County Trial court judge: Hon. Robert J. Kern DISMISSED: Per Curiam (clerk's record not paid for) 14-07-00693-CV In the Interest of M.O. & J.O. Appeal from 313th District Court of Harris County Trial Court Judge: Robert Perry Molder DISMISSED: Per Curiam (dismissed by Appellant) 14-07-01021-CV Hattie Pierce v. Galena Park Independent School District Appeal from 190th District Court of Harris County Trial court judge: Hon. Jennifer Elrod Walker DISMISSED: Per Curiam (nonpayment, no clerk's record) 14-07-01093-CV Lee Guss Brown, Jr. v. Richard Baham Appeal from County Civil Court at Law No 1 of Harris County (Judge Cagle) DISMISSED: Per Curiam (nonpayment of fees) 14-08-00021-CV David Perez v. The State of Texas Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson (Before ) 14-06-01153-CR Keith Robert Turner v. The State of Texas--Appeal from 209th District Court of Harris County DISMISSED: Per Curiam (Before ) 14-08-00144-CR Dedric Earl Cummings v. The State of Texas--Appeal from 180th District Court of Harris County March 18, 2008 Civil Causes Decided: City of Houston v. Clark (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Post-remand Majority Opinion by Frost) (firefighter litigation, disciplinary actions, no judicial review of merits of independent hearing examiner's decision, immunity plea, claim, lack of jurisdiction over dispute, case with multiple appeals) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost 14-03-00399-CV The City of Houston v. Donald Clark Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph J. Halbach Concurring Opinion by Justice Edelman In City of Houston v. Clark (2008) Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Justice Bill Boyce) (employment law, independent contractor, oral contract, breach of contract, unfair competition, attorney's fees, presentment of claim requirement) AFFIRMED: Opinion by Justice Boyce 14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick Appeal from 164th District Court of Harris County Trial court judge: Martha Hill Jamison Criminal Causes Decided: None March 13, 2008 Civil Causes Decided: Grimes v. Reynolds (Tex.App.- Houston [ 1st Dist.] Mar. 13, 2008)(Anderson) (dismissal of attorney malpractice suit reversed, proof of damages in Title VII suit) REVERSED AND REMANDED: Opinion by Justice Anderson 14-07-00196-CV Alice S. Grimes v. Ronald E. Reynolds, Individually, and Brown, Brown & Reynolds, P.C. Appeal from 113th District Court of Harris County Trial court judge: Honorable Patricia Ann Hancock Cedyco Corp. v. Tubbs (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Frost) (writ of execution, trial court's temporary injunction vacated, no jurisdiction) REVERSED AND REMANDED: Opinion by Justice Frost 14-07-00399-CV Cedyco Corporation v. Carolyn Tubbs Appeal from 280th District Court of Harris County Trial court judge: Honorable Tony Lindsay DISMISSED: Per Curiam (case settled in mediation) 14-07-00928-CV Steven A. Clark v. Melissa Newman Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) DISMISSED: Per Curiam 14-07-01090-CV Donald Ray McCaffrey Jr v. Texas Board of Pardons and Paroles, Et. Al Appeal from 113th District Court of Harris County (Judge not shown on docket) Criminal Causes Decided: AFFIRMED: Per Curiam 14-07-00024-CR Ex Parte Michael Shawn Melton Appeal from 240th District Court of Fort Bend County DISMISSED: Per Curiam 14-08-00148-CR Alex Yahir Legore v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam 14-08-00168-CR Kenneth Bernard Scott, Jr. v. The State of Texas Appeal from 263rd District Court of Harris County March 12, 2008 Civil Causes Decided: DISMISSED: 14-07-01065-CV In Re: Speciality Risk Services, L.L.C. and Karen LaFleur Appeal from County Court No. 3 of Galveston County (Judge Roy M. Quintanilla) Criminal Causes Decided: March 11, 2008 Civil Causes Decided: Hong v. IAE, Inc. (Tex.App. - Houston [14th Dist.] Mar. 11, 2008)(Fowler) (judgment reversed, conclusory and insufficient expert testimony to support damages award) REVERSED AND REMANDED: Opinion by Justice Fowler 14-06-00579-CV Maggie Feng Hong, Bo Hong, IAE Supply, Inc. and IAE Energy & Supplies, Inc. v. Integrated Applications Engineering, Inc. and David Howe Appeal from 268th District Court of Fort Bend County (Judge Brady G. Elliott) Akinwamide v. Transportation Ins. Co. (Tex.App.- Houston [14th Dist.] Mar. 11, 2008)(Anderson) (bill of review fails, but vexatious litigant finding and award of security reversed) DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson 14-06-01054-CV Patrick Olajide Akinwamide v. Transportation Insurance Co., CNA Insurance Co. & Automatic Data Processing, Inc. Appeal from 80th District Court of Harris County Trial Court Judge: Honorable Lynn M. Bradshaw-Hull Grayson v. Anselmo (Tex.App. - Houston [14th Dist.] Mar. 11 2008) (Justice Jeff Brown) (premises liability, slip and fall, summary judgment for defendant affirmed) AFFIRMED: Opinion by Justice Brown 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop--Appeal from Co Civil Ct at Law No 1 of Harris County Trial court judge: Hon. R. Jack Cagle Rivenes MD v. Holden (Tex.App.- Houston [14th Dist.] Mar. 11,2 008)(Fowler) (HCLC, motion to dismiss, trial court should have dismissed medical malpractice suit remanded for attorney's fees) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler 14-07-00438-CV Scott Rivenes, M.D. v. Donald M. Holden and Mary Holden Appeal from 434th Judicial District Court of Fort Bend County (Hon. James H. Shomake) Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore 14-06-00816-CR Vincent Chukuemeka Agu v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges 14-07-00253-CR Christian Guadalupe Hernandez v. The State of Texas Appeal from 174th District Court of Harris County March 6, 2008 Civil Causes Decided: Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar DISMISSED: Per Curiam (no brief filed) Before Justices Brock Yates, Guzman and Brown 14-07-00548-CV Mitchell K. Lowe v. Dietrich Industries, Inc. Appeal from 344th District Court of Chambers County (Judge Carroll E. Wilborn) DISMISSED: Per Curiam (joint motion to dismiss; settlement) Before Justices Brock Yates, Fowler and Guzman 14-07-00668-CV Gregory A. Buford, Gulf Coast Demolition Services, L.P., and Buford & Connell Construction Services, Inc. v. Partners Bank of Texas Appeal from 55th District Court of Harris County (Judge [now Justice] Jeff Brown) DISMISSED: Per Curiam (nonpayment of fees) Before Justices Brock Yates, Guzman and Brown 14-07-00893-CV Janeth R. Jackson and A.R. Brake-Wrecker Service, Inc. v. Carmen Olivera Appeal from County Civil Court at Law No 4 of Harris County (Judge Roberta Anne Lloyd) DISMISSED: Per Curiam (dismissed by appellant) (March 6, 2008) Before Justices Fowler, Frost and Seymore 14-07-00997-CV John Brian Dubiski v. Michelle R. Dubiski Appeal from 311th District Court of Harris County (Judge Doug Warne) DISMISSED: Per Curiam (settled at mediation) (Mar. 6, 2008) Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-01012-CV Garry Edward Moulton v. Shella Faye Moulton Appeal from 246th District Court of Harris County (Judge Jim York) DISMISSED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean Appeal from 281st District Court of Harris County (Judge's name not shown on docket) In Re Next Financial Group, Inc. (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(per curiam denial) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00005-CV In Re Next Financial Group, Inc. Appeal from 152nd District Court of Harris County (Judge Ken Wise) Criminal Causes Decided: AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00286-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-00287-CR Alfred Edward Johnson v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Anderson and Frost 14-06-00540-CR Deshun Thomas v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00747-CR Richard Garza v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Fowler, Frost and Seymore 14-06-00909-CR Willie Ray Sample v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01104-CR Sylvester Earl Lofton v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01155-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01156-CR Jaterell Kelon Fisher v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00274-CR Raymond Ladaniel James v. The State of Texas Appeal from 262nd District Court of Harris County March 4, 2008 Civil Causes Decided: Norra v. Harris County, Texas No. 14-05-01211-CV (Tex.App. - Houston [14th Dist.] Mar. 4, 2008) (Guzman) (civil penalty for environmental violations affirmed) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-05-01211-CV Carol Ann Norra v. Harris County, Texas; Texas Commission on Environmental Quality; and Texas Department of Health Appeal from 55th District Court of Harris County (Judge now Justice Jeff Brown) In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(Fowler) (termination of parental rights reversed) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-07-00140-CV In the Interest of A.S., D.S. and L.A.S Appeal from 314th District Court of Harris County (Judge John Phillips) In re McCloske (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(per curiam) (mandate compliance) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00105-CV In Re Christopher Joseph McCloske Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Criminal Causes Decided: AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00890-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00891-CR Lee W. Sansom v. The State of Texas Appeal from 177th District Court of Harris County |
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