| Decisions of the Fourteenth Court of Appeals in Houston May 2008 |
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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 |
Opinion Release Dates: May 1, 5, 6, 8, 13, 15, 20, 22, 23, 27, 29, 2008 MAY 2008 OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MAY 2008 May 29, 2008 Civil Causes Decided: City of Santa Fe, Texas v. Boudreaux (Tex.App.- Houston [14th Dist.] May 29, 2008)(Guzman) (labor and employment law, public employment, provision of collective bargaining voided as unconstitutional private delegation of legislative power) REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-06-00299-CV City of Santa Fe, Texas v. Victor Boudreaux and Jeremy Creech Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox Strouse v. City of Houston (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (public employment, police discipline, indefinite suspension, grievance, judicial review, appeal from hearing examiner's ruling) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00618-CV Darrell H. Strouse v. City of Houston and Harold L. Hurtt, in His Official Capacity as Chief of Police of the Houston Police Department Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison Merck & Co., Inc. v. Ernst (Tex.App.- Houston [14th Dist.] May 29, 2008)(Hedges) (product liability, Vioxx jury award overturned, insufficient evidence of causal link) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Brown 14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually and as Representative of the Estate of Robert Charles Ernst, Deceased Appeal from 23rd District Court of Brazoria County Trial Court Judge: Ben Hardin San Jacinto Methodist Hospital v. Bennett (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (HCLC, expert report sufficient, denial of motion to dismiss affirmed) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justice Frost, Senior Justice Murphy 14-07-00639-CV San Jacinto Methodist Hospital and New Triumph Healthcare of Texas, LLC d/b/a Triumph Hospital East Houston v. Eric Bennett, Individually and as Representative of the Estate of Mary Jane Taylor, Deceased--Appeal from 165th District Court of Harris County Trial Court Judge: Kathleen S. Stone In Re: Hoar Construction, LLC (Tex.App.- Houston [14th Dist.] May 29, 2008)(Fowler) disqualification of attorney properly disqualified, mandamus to set aside order denied) MOTION OR WRIT DENIED: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-07-00666-CV In Re: Hoar Construction, LLC; Landry's Management, LP; Landry's Restaurant, Inc.; Hospitality Headquarters, Inc.; and St. Paul Fire and Marine Insurance Company Appeal from 61st District Court of Harris County Trial Court Judge: John P. Donovan TDPS v. Little (Tex.App.- Housotn [14th Dist.] May 29, 2008)(Guzman) (TTCA, collision with emergency vehicle, government immunity sustained, ILA) REVERSED AND RENDERED: Opinion by Justice Guzman Before Justices Fowler, Seymore and Guzman 14-07-00840-CV Texas Department of Public Safety v. Sheatri Little Appeal from 155th District Court of Waller County (judge's name not shown on docket sheet) In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce) (arbitration compelled by mandamus) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00851-CV In Re: MHI Partnership, LTD. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00969-CV Two Story Enterprises, Inc. and Donna Holcomb v. Chris Di Ferrante Appeal from County Court at Law No 2 of Galveston County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00231-CV Ex Parte S.C. v.--Appeal from 189th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00260-CV Clarence Dee Johnson v. Charmion Milligan Appeal from 257th District Court of Harris County Criminal Causes Decided: REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-00098-CR Resendez, Angel v. The State of Texas Appeal from 182nd District Court of Harris County DISSENTING: Dissenting Opinion by Justice Frost AFFIRMED: Opinion by Justice Guzman (Before Judge Lee, Justices Brock Yates and Guzman) 14-06-00857-CR Margil Tayde Ochoa v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates (Before Judge Lee, Justices Brock Yates and Guzman) 14-06-01031-CR Darrell Glenn Livingston v. The State of Texas Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Justice Guzman (Before Justices Brock Yates, Guzman and Brown) 14-07-00038-CR Demetrick D. Williams v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Guzman (Before Chief Justice Hedges, Justices Anderson and Guzman) 14-07-00124-CR Ruben Hernandez v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00322-CR Vu Hoang Nguyen v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Anderson (Before Justices Brock Yates, Anderson and Brown) 14-07-00377-CR Joseph Dennis Lewis v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Hudson and Boyce) 14-07-00586-CR Baron Antonio White v. The State of Texas Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00312-CR Mike Lee Glenn v. The State of Texas Appeal from 339th District Court of Harris Count May 27, 2008 Civil Causes Decided: Song v Alliance Laundry Systems, LLC (Tex.App.- Houston [14th Dist.] May 27, 2008)(Seymore) (promissory note, appellate attorney's fees) AFFIRMED AS MODIFIED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00049-CV Soon A. Song d/b/a Washateria E-Z and Kon Ho Song d/b/a Washateria E-Z v. Alliance Laundry Systems, L.L.C. f/k/a Global Fox Financial, Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker Barbarawi v. Ahmad (Tex.App.- Houston [14th Dist.] May 27, 2008)(Hedges) (breach of contract, tortious interference with business, sale of restaurant) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00790-CV Aiman Barbarawi and Husam Barbarawi v. Adnan Ahmad Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00384-CV In Re Michael Speed Appeal from 2nd 25th District Court of Colorado County MOTION OR WRIT DENIED: Per Curiam 14-08-00405-CV In Re: Lakota Resources, Inc., and Gilbert Burciaga, Individually and as Presidens of Lakota Resources, Inc.--Appeal from 189th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates (Before Price, Justices Brock Yates and Guzman) 14-07-00014-CR Juan Manuel Campos 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) 14-07-00296-CR Donald Ray Idlebird v. The State of Texas Appeal from Co Crim Ct at Law No 4 of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00319-CR Jesus Perez v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00320-CR Jesus Perez v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00514-CR Alejandra Labra v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00574-CR Ronnie Lynn Farris v. The State of Texas Appeal from 122nd District Court of Galveston County May 23, 2008 Civil Causes Decided: In Re Radmacher (Tex.App.- Houston [14th Dist.] May 23, 2008)(per curiam) (child support criminal contempt, habeas corpus denied) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00346-CV In Re Joseph Michael Radmacher Appeal from 312th District Court of Harris County Trial Court Judge: James D. Squier Criminal Causes Decided: None May 22, 2008 Civil Causes Decided: BancorpSouth Bank v. Prevot (Tex.App.- Houston [14th Dist.] May 22, 2008)(Subst. op. by Seymore) (foreign judgment enforceable in Texas, UEFJA, jurisdiction in Texas) REVERSED AND RENDERED: Opinion by Justice Seymore 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 Trial Court Judge: Levi James Benton Schafer v. Frost National Bank (Tex.App.- Houston [14th Dist.] May 22, 2008)(Frost) (fraudulent representation) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Fowler, Frost and Seymore 14-06-00673-CV Susana Raquel Schafer and Cynthia Victoria Lentino, Marta A. Lentino Individually, Marta A. Lentino as Assignee of Fabiola Vanesa Lentino, Michelle M. Lentino, Natalia Lentino, The Eduardo P. Lentino Childrens Trust Fund and agent of Maria Raquel Lentino v. Frost National Bank f/k/a Cullen Center Bank and Trust Appeal from 281st District Court of Harris County Trial Court Judge: David J. Bernal Bennett Truck Transport, LLC v. William Brothers Construction (Tex.App. - Houston [14th Dist.] May 22, 2008)(Yates) (common carrier liability, equitable subrogation, sj reversed) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00923-CV Bennett Truck Transport, LLC v. William Brothers Construction Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Nguyen v. JP Morgan Chase Bank (Tex.App. Houston [14th Dist.] May 22, 2008)(Anderson) (personal guaranty for debt on business line of credit enforced) AFFIRMED: Opinion by Justice John Anderson Before Justices Brock Yates, Anderson and Brown 14-07-00086-CV Thu Mong Nguyen v. JP Morgan Chase Bank Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Clear Lake City Water Authority v. Friendswood Development Co., Ltd (Tex.App.- Houston [14th Dist.] May 22, 2008)(Superseding opinion on rehearing by Frost) (governmental entities, immunity waived) AFFIRMED: Opinion by Justice Kem 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 Trial Court Judge: David J. Bernal HCAD v. Shell Oil Co. (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (tax exemption, FTZ exemption, jurisdictional dispute) AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy) 14-07-00106-CV Harris County Appraisal District v. Shell Oil Co. Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Arboretum Nursing and Rehabilitation Center of Winnie, Inc. v. Isaacks (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (HCLC, expert report) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Brown and Boyce 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--Appeal from 253rd District Court of Chambers County (Name of judge not shown on docket) DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-07-01089-CV Deborah Gibson v. Connie Gail Welch Appeal from County Court at Law No 3 & Probate Ct of Brazoria County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00161-CV Tonia Yvonne Scurry v. Floyd David Scurry Appeal from 164th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00205-CV Jeff Richardson v. Peggy Lee Miggins Appeal from 189th District Court of Harris County Criminal Causes Decided: AFFIRMED: (Before Justices Brock Yates, Guzman and Brown) 14-07-00119-CR Jeremy B. Fontenot v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00152-CR Jose Guadalupe Roman v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Brown and Boyce) 14-07-00193-CR Luther Windham v. The State of Texas Appeal from 344th District Court of Chambers County AFFIRMED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-07-00230-CR Marcus Terrell Garrett v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00141-CR Ex Parte Dan Thomas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00390-CR Dan Thomas v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County May 20, 2008 Opinions Hernandez v. Atieh (Tex.App.- Houston [14th Dist.] May 20, 2008)(Frost) (auto accident law, negligence, jury trial) AFFIRMED: Opinion by Justice Frost 14-06-00582-CV Juan Jose Hernandez v. Adbedlsalam Atieh Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Ahmed v. Metro (Tex.App.- Houston [14th Dist.] May 20, 2008)(Hedges) (inverse condemnation, takings claim) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00739-CV Syed Ahmed v. Metropolitan Transit Authority Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle In Re Universal Finances Consulting Group, Inc. (Tex.App.- Houston [14th Dist.] May 20, 2008)(Boyce) (arbitration mandamus, motion to compel) MOTION OR WRIT DENIED: Opinion by Justice Bill Boyce Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00226-CV In Re Universal Finances Consulting Group, Inc., Zhuodao Zhoa, John J. Dunn, and Universal Med-Health Services, Inc. Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay In Re Dunsomore (Tex.App.- Houston [14th Dist.] May 20, 2008)(per curiam) (no jurisdiction to issue writ against clerk) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00385-CV In Re Gregory Dunsomore Appeal from 339th District Court of Harris County Trial Court Judge: Jon N. Hughes Ex Parte Pendleton (Tex.App. - Houston [14th Dist.] May 20, 2008)(per curiam) (jurisdictional dismissal) DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00392-CV Ex Parte Roderick Ray Pendleton aka Donald Ray Colgrove Appeal from 180th District Court of Harris County Trial Court Judge: Not shown on appellate docket Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost (Before Justices Fowler, Frost and Seymore) 14-06-00654-CR Tommy Ray Arguijo v. The State of Texas Appeal from Co Crim Ct at Law No 9 of Harris County AFFIRMED: Opinion by Justice Frost (Before Justices Fowler, Frost and Seymore) 14-06-01089-CR Kevin Lloyd Dinsmore v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before ) 14-06-01116-CR Michael Lee Carrington v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-06-01117-CR Michael Lee Carrington v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Anderson (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00133-CR Frederick Lane v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00318-CR Marcos Resendez v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00359-CR Michael Salomon Obando v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Brown (Before Justices Brock Yates, Guzman and Brown) 14-07-00398-CR Keith Allen Lewis v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-07-00409-CR Reginald Piper v. The State of Texas Appeal from 182nd District Court of Harris County May 15, 2008 Civil Causes Decided: Axelrod v. Dr.Richard Jackson (Tex.App.- Houston [14th Dist.] May 25, 2008) (Opinion on remand by Seymore) (medical malpractice, misdiagnosis, jury verdict, proportionate responsibility) AFFIRMED: Opinion by Justice Seymore 14-02-00518-CV David and Carolyn Axelrad v. Dr. Richard Jackson Appeal from 334th District Court of Harris County Trial Court Judge: Katie Kennedy Baugh v. Baugh (Tex.App.- Houston [14th Dist.] May 16, 2008)(Boyce) (divorce, bench warrant denied to incarcerated spouse, denial of counsel) AFFIRMED: Opinion by Justice Boyce 14-07-00391-CV Curtis Lee Baugh v. Bertha L. Baugh Appeal from 312th District Court of Harris County Trial Court Judge: Brent L. Burg DISMISSED: Per Curiam (Appeal dismissed on appellant's motion, but not underlying case) 14-07-00551-CV Ruby Ledbetter v. Merck & Co., Inc., Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson DISMISSED: Per Curiam (no brief filed) 14-07-00580-CV Laurel Weiner v. L.E. Meyers Co. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Stelly v. Citibank (Tex.App.- Houston [14th Dist.] May 15, 2008)(Hedges) (credit card debt suit, appeal mooted by trial courts' grant of motion for new trial) DISMISSED: Opinion by Chief Justice Hedges 14-07-00601-CV Diane T. Stelly v. Citibank (South Dakota) N.A. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd In re General Agents Ins. Co. (Tex.App.- Houston [14th Dist.] May 15, 2008)(Substitute opinion by Hedges) (severance, mandamus granted, TRCP 41, motion to abate) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges 14-07-00771-CV In Re: General Agents Insurance Company of America Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Mason v. Mason (Tex.App. Houston [14th Dist.] May 15, 2008)(per curiam) (family court arbitration, temporary orders, no interlocutory appeal of motion to confirm arbitration award in family law case; Marlew v. Marlew (Tex.App.- Houston [1st Dist.] 2006) DISMISSED: Per Curiam 14-07-00991-CV Jason S. Mason v. Patricia A. Mason Appeal from 308th District Court of Harris County Trial Court Judge: Judge Georgia Dempster DISMISSED: Per Curiam (record not filed) 14-07-01083-CV Michael G. Washington v. TDCJ-ID agency, Et Al Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey DISMISSED: Per Curiam (failure to pay for record) 14-08-00251-CV In the Interest of T.F.J.M., III aka T.M., and R.L.M. Appeal from 315th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore 14-06-00969-CR Ismael Avalos v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam 14-08-00177-CR Andrae Linzy v. The State of Texas Appeal from 178th District Court of Harris County DISMISSED: Per Curiam 14-08-00292-CR MacDonald Okechukwu Osuagwu v. The State of Texas Appeal from County Court at Law No 1 of Fort Bend County May 13, 2008 Civil Causes Decided: Patterson v. Patterson (Tex.App. - Houston [14th Dist.] May 13, 2008)(Anderson) (divorce, pro se, waiver of jury trial, local rules, attorney's fees) AFFIRMED: Opinion by Justice Anderson 14-07-00487-CV Richard Steven Patterson v. Gwendolyn Elizabeth Patterson Appeal from 247th District Court of Harris County Trial Court Judge: Judge Bonnie Crane Hellums Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost 14-06-00609-CR Eduardo Rodriguez v. The State of Texas Appeal from 23rd District Court of Brazoria County AFFIRMED: Opinion by Justice Frost 14-06-00795-CR George Michael Bargas, Jr. v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Frost 14-06-00797-CR George Michael Bargas, Jr. v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Anderson 14-07-00141-CR David Manuel Perez v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Anderson 14-07-00949-CR Ex Parte Belton A. Presswood Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Anderson 14-07-00950-CR Ex Parte Belton A. Presswood Appeal from 179th District Court of Harris County May 8, 2008 Civil Causes Decided: Biosilk Spa, LP v. HG Shopping Centers, LP (Tex.App.- Houston [14th Dist.] May 8, 2008)(Yates) (fraud, fraudulent inducement, negligent misrepresentation, and promissory estoppel, no reasonable reliance) AFFIRMED: Opinion by Justice Brock Yates Before Price, Justices Brock Yates and Guzman 14-06-00986-CV Biosilk Spa, L.P., f.k.a. One Marengo, L.P. v. HG Shopping Centers, L.P. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Chappel Hill Bank v. Lillian Smith (Tex.App. - Houston [14th Dist.] May 8, 2008)(Brown) (real estate law, easement, attorneys fees) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00099-CV Chappell Hill Bank v. Lillian Smith Appeal from 335th District Court of Washington County Trial Court Judge: Terry Flenniken Rivenes, MD v. Holden (Tex.App.- Houston [14th Dist.] May 8, 2008)(Fowler) (opinion not available online) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 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 Trial Court Judge: James H. Shomake DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00667-CV Claude Hugh Lloyd, Jr. v. Abraham, Watkins, Nichols, Sorrels, Matthews & Friend Appeal from 334th District Court of Harris County SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May 8, 2008)(Anderson) (trade secrets, tortious interference) SP Midtown, Ltd. v. Urban Storage, L.P., No. 14-07-00717-CV, 2008 WL 1991747 (Tex. App.-Houston [14th Dist.] May 8, 2008, pet. denied) (mem. op.) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson 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. Appeal from 80th District Court of Harris County Trial Court Judge: Lynn M. Bradshaw-Hull Hayes, IV v. Comm. for Lawyer Discipline (Tex.App.- Houston [14th Dist.] May 8, 2008)(per curiam) (joint motion to vacate, settlement) VACATED AND REMANDED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-07-00848-CV Thomas Hayes, IV v. Commission for Lawyer Discipline Appeal from 281st District Court of Harris County Trial Court Judge: The Honorable Laurine Blake DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-08-00157-CV Melissa Ramon v. Alan H. White and Elizabeth Jolene Cornelius Appeal from 312th District Court of Harris County In re Walker II (Tex. App. - Houston [14th Dist.] May 8, 2008)(per curiam) (mandamus re order to respond to ineffective assistance of counsel claim) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Anderson and Brown 14-08-00347-CV In Re James Andrew Walker, II Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Fowler and Guzman) 14-06-01043-CR James Earnest Byars v. The State of Texas--Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates (Before Justices Brock Yates, Fowler and Guzman) 14-06-01044-CR James Earnest Byars v. The State of Texas--Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00277-CR Victor Cruz Gonzalez v. The State of Texas--Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00337-CR Anthony Tyrone Nickson v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00338-CR Anthony Tyrone Nickson v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00339-CR Anthony Tyrone Nickson v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Anderson (Before Justices Brock Yates, Anderson and Brown) 14-07-00461-CR Samuel Richmond Walker v. The State of Texas--Appeal from 351st District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00030-CR Edwin Holley Weston v. The State of Texas--Appeal from 208th District Court of Harris County DISMISSED: Per Curiam (Before Justices Brock Yates, Anderson and Brown) 14-08-00071-CR Charles Lee Grable v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00217-CR Clinton Kaleb Owens v. The State of Texas--Appeal from 184th District Court of Harris County DISMISSED: Per Curiam (Before Chief Justice Hedges, Justices Fowler and Boyce) 14-08-00304-CR Lewis Wesley Barnes v. The State of Texas--Appeal from 228th District Court of Harris County May 6, 2008 Civil Causes Decided: In Re Heidi Ortuno (Tex.App.- Houston [14th Dist.] May 6, 2008)(per curiam) (discovery, nonparty, expert report, privilege, TRCP 193.3, privileged confidential documents snap-back provision) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Guzman and Brown 14-08-00227-CV In Re Heidi Ortuno, Individually and As Next Friend Of J. O. Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Criminal Causes Decided: May 5, 2008 Civil Causes Decided: In Re Israel Dominguez, Sr. (Tex.App.- Houston [14th Dist.] May 5, 2008) (Hedges) (child support contempt, commitment order void, habeas granted) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Brown 14-08-00206-CV In Re Israel Dominguez, Sr. Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Crane Hellums Criminal Causes Decided: May 1, 2008 Civil Causes Decided: Harris County Hospital District v. Textac Partners I (Tex. App.- Houston [14th Dist.] May 1, 2008)(Fowler) (eminent domain, condemnation case) REVERSED AND REMANDED: Opinion by Justice Fowler Before Justices Hudson, Fowler and Guzman 14-06-00437-CV Harris County Hospital District v. Textac Partners I, A Texas General Partnership, Houston ISD, Houston Community College, City of Houston, and Harris County Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00496-CV Chadrick S. Henderson v. Claudio Guzman and Flora Guzman Appeal from Co Civil Ct at Law No 2 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00995-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 Frost, Seymore and Guzman 14-07-01092-CV Taji L. Davis, Et Al v. G. R. Enterprise Appeal from Co Civil Ct at Law No 3 of Harris County DISMISSED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00128-CV Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of The Gammill Family Trust, ET AL--Appeal from 190th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00267-CR Michael Andre Duncan v. The State of Texas--Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Boyce (Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00763-CR Jauney Darcila Wheeler v. The State of Texas--Appeal from 180th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00216-CR Robert Collins v. The State of Texas--Appeal from 228th District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00240-CR Christopher A. Hoard v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-08-00241-CR Christopher A. Hoard v. The State of Texas--Appeal from 262nd District Court of Harris County |
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