| Decisions of the Fourteenth Court of Appeals in Houston November 2008 |
Opinion Release Dates: Nov, 4, 6, 13, 18, 19, 20, 25, 2008 NOVEMBER 2008 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN NOVEMBER 2008 November 25, 2008 Civil Causes Decided: Kelly v. American Interstate Insurance Co. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown) (venue, MTV, exhaustion of administrative remedies, workers comp, compensable injury, plea juris) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-07-00083-CV Jimmy J. Kelly v. American Interstate Insurance Co., Hammerman & Gainer, Inc., and Sheryl Butman--Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Royal I.S.D. v. Ragsdale, Jr. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Hedges) (tax suit, excess proceeds form foreclosure sale, limitations) DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00181-CV Royal Independent School District v. John W. Ragsdale, Jr., as Trustee for the Chapter 7 Bankruptcy Estate of Mortgage Funding Network, Inc. Appeal from 9th District Court of Waller County Parallax Builders, Inc. v. Excel Partners, L.P. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Hedges) (construction law, BoC, jury trial errors, sanctions denied) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00640-CV Parallax Builders, Inc. v. Excel Partners, L.P., and WesternSurety Company--Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock Cruse v. O'Quinn (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown) (attorney fee sharing agreement void as against public policy, illegal contract, attorney disbarred forfeiture of corporate privileges) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00103-CV Leonard A. Cruse and Cruse and Associates, P.C. v. John M. O'Quinn and John M. O'Quinn & Associates, L.L.P.--Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00571-CV Sherman E. Anderson Individually and DBA Anderson & Associates Attorney At Law v. Harris County, Et Al.--Appeal from 333rd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00853-CV John R. Haas v. Ashford Hollow Community Improvement Association, Inc.--Appeal from Co Civil Ct at Law No 1 of Harris County MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-08-01062-CV In Re Morley & Morley, P.C., Ajmlaw P.C., Arden J. Morley, Elaine Morley and Lookout Services, Inc.--Appeal from Co Civil Ct at Law No 4 of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Frost 14-07-00327-CR Erica Lourdes Sedeno v. The State of Texas Appeal from Co Crim Ct at Law No 7 of Harris County CONCURRING: Concurring Opinion by Justice Frost Before Justices Anderson, Hudson and Frost 14-07-00327-CR Erica Lourdes Sedeno v. The State of Texas Appeal from Co Crim Ct at Law No 7 of Harris County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00466-CR Matthew David Harms v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00474-CR Cuong Quoc Ly v. The State of Texas Appeal from 240th District Court of Fort Bend County CONCURRING: Concurring Opinion by Justice Anderson Before Justices Anderson, Hudson and Frost 14-07-00474-CR Cuong Quoc Ly v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00670-CR Donal Mark Hewitt v. The State of Texas Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00755-CR Dunte L. Oveal v. The State of Texas Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00818-CR Kendrae Shondell Johnson v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00826-CR Cornelus Issac Johnson v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00934-CR Mark Lomax v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-01003-CR Isacc Isaiah Perkins v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-01004-CR Isaac Isaiah Perkins v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-08-00122-CR Henry Clay Avington, Jr. v. The State of Texas Appeal from 149th District Court of Brazoria County November 20, 2008 Civil Causes Decided: In re Shippers Stevedoring Co. (Tex.App.- Houston [14th Dist.] Nov. 20, 2008)(Guzman) (workers comp, federal preemption claim, jurisdiction issue, exclusive remedy, nonsubscriber) MOTION OR WRIT DENIED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Boyce 14-08-00438-CV In Re Shippers Stevedoring Company Appeal from Probate Court No 3 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00637-CV Al Mamounia, Inc. and Jean Soussan v. Charles M. Lusk, III, Et Al Appeal from 280th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00760-CV Tyler J. Scofield and P. Elizabeth Nelson Scofield v. New Century Mortgage Corp. and Deutsche Bak National Trust Company as Trustee for New Century Mortgage Corp. Appeal from 151st District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00842-CV Juan C. Hernandez & Associates, P.C. v. Holliday Builders, Inc., and American Empire Surplus Lines Insurance, Inc., and American Empire Underwriters, Inc. Appeal from 270th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00883-CV In Re Edward R. Newsome--Appeal from 234th District Court of Harris County DISMISSED: Per Curiam Before Justice Guzman 14-08-00928-CV Donald M. Lancon v. Carl Dean Peters, John Gustafson, and Richard T. Gustafson--Appeal from 10th District Court of Galveston County Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-01033-CR Deana Elizabeth Coale v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00896-CR Kevin Wayne Matthews v. The State of Texas Appeal from 174th District Court of Harris County November 19, 2008 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00996-CV In Re Aaron Wiese--Appeal from 308th District Court of Harris County Criminal Causes Decided: November 18, 2008 Civil Causes Decided: Sheshtawy v. Sheshtawy, (Tex.App.- Houston [14th Dist.] Nov. 18, 2008)(Hudson) (divorce, property, (divorce, property, postjudgment proceedings, motion for new trial based on claim of new evidence fails, diligence, public records as evidence, cumulative evidence) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Brown 14-07-00227-CV Amal Sheshtawy v. Adel Sheshtawy, Drill Bit Industries, Inc. and Tri-Max Industries, Inc. Appeal from 309th District Court of Harris County Trial Court Judge: Judge Frank Barlow Rynd KH v. Doe (Tex.App,. - Houston [14th Dist.] Nov. 18, 2008)(Hudson) (admissibility of evidence of conviction for aggravated sexual assault, error preservation) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00603-CV K.H. and R.H. v. L. Doe and M. Doe Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00426-CR Rafael Baez v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00618-CR Leonard Rosas Rodriguez v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00792-CR Tyrone Burnell Dixon, Jr. v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00825-CR Trula Jemelka Salazar v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00974-CR Robert McNair Cooper v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-08-00140-CR Major Keith Tolbert v. The State of Texas Appeal from 178th District Court of Harris County November 13, 2008 Civil Causes Decided: TDPS v JHJ (Tex.App.- Houston [14th Dist.] Nov. 13, 2008)(Brown) (expunction denied) REVERSED AND RENDERED: Opinion by Justice Brown Before Justices Anderson, Hudson and Brown 14-06-00949-CV Texas Department of Public Safety v. J.H.J. Appeal from 268th District Court of Fort Bend County Trial Court Judge: Brady G. Elliott In Matter of QDMT (Tex.App.- Houston [14th Dist.] Nov. 13, 2008)(Yates) (juvenile sex offense) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00470-CV In the Matter of Q.D.M.T. Appeal from County Court at Law No 2 of Fort Bend County Trial Court Judge: WALTER S. MCMEANS Tenaska Frontier Partners Ltd v. Sullivan (Tex.App.- Houston [14th Dist.] Nov. 13, 2008)(Brown) (late tax payment penalties due to return for insufficient postage on envelope) AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Brown and Boyce 14-07-01042-CV Tenaska Frontier Partners, LTD v. Bill Sullivan, in His Official Capacity as Tax Collector for Grimes County, Anderson-Shiro Consolidated Independent School District and Grimes County--Appeal from 278th District Court of Grimes County Trial Court Judge: Kenneth Keeling DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00798-CV Robert Burrows v. State Farm Lloyds, Et Al--Appeal from Co Civil Ct at Law No 2 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00908-CV Robert Laws and Ann Laws v. Elan Enterprises, Inc. D/b/a Stacy Fine Custom Homes--Appeal from 270th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Frost 14-07-00498-CR Trevor McClain v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00669-CR Quentin Cardell Sturgis v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-01052-CR Kevin Jones v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-08-00002-CR Mario Alberto Rodriguez-Gomez v. The State of Texas Appeal from 155th District Court of Waller County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00336-CR Christopher Michael Penney v. The State of Texas Appeal from 411th District Court of Polk County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00543-CR My Thi Tieu v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00675-CR Franchesa Ichelle Williams v. The State of Texas Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00969-CR Alice Degregori Morales v. The State of Texas Appeal from 338th District Court of Harris County November 6, 2008 Civil Causes Decided: In the Interest of KY and KY (Tex.App.- Houston [14th Dist.] Nov. 6, 2008)(Yates) (termination of parental rights, chronic child abuse, death by murder of step child, admission of autopsy photos, home state jurisdiction, failure to join necessary party, waiver of error) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00866-CV In the Interest of K.Y. and K.Y., Minor Children Appeal from 300th District Court of Brazoria County Trial Court Judge: Eric Andell DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00082-CV Kristi Tally-Hahn Greenwood v. Matthew Benson Greenwood Appeal from 309th District Court of Harris County The State of Texas, City of Rosenberg v. Bhalesha (Tex.App.- Houston [14th Dist.] Nov. 6, 2008)(Yates) (inverse condemnation, material and substantial impairment standard not satisfied, no compensable taking; order denying plea to the jurisdiction reversed) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-08-00098-CV The State of Texas and The City of Rosenberg, Texas v. Badruddin Bhalesha, and Samina Bhalesha--Appeal from 400th District Court of Fort Bend County Trial Court Judge: Clifford J. Vacek DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00252-CV Michael Scott v. Fort Bend County, and Fort Bend County District Clerk Glory Hopkins; in her personal and official capacities--Appeal from 240th District Court of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00453-CV San Miguel Civic Association v. Ian Gentles Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00709-CV In the Matter of the Estate of Roy L. Wilson, Deceased Appeal from County Court at Law of Henderson County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00737-CV Errol Lynn Johnson v. Douglas Johnson Appeal from 190th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00909-CV Republic Waste Services of Texas, Ltd. and Michael Johnson v. Jerome Jozwiak Appeal from 157th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00360-CR James Earl Scott v. The State of Texas Appeal from 176th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Brown 14-07-00593-CR Ex Parte Chutima Wongjaroen v. Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00652-CR Leon Russell Dawson a/k/a Leon Russel Dawson v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00255-CR Leroy Henderson v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00264-CR Chico Arhmed Carter v. The State of Texas Appeal from 178th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00585-CR Rodney Wayne Smith v. The State of Texas Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00861-CR Derrick Bernard Handy v. The State of Texas Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00961-CR Ex Parte McDonald Okechukwu Osuagwu Appeal from County Court at Law No 1 of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00982-CR Horrace Demar v. The State of Texas- Appeal from 176th District Court of Harris County November 4, 2008 Civil Causes Decided: Ashworth v. Brzoska (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Brown) (post-answer default judgment, denial of new trial reversed) REVERSED AND REMANDED: Opinion by Justice Jeff Brown Before Justices Brock Yates, Guzman and Brown 14-07-00239-CV Douglas Ashworth v. Richard Brzoska Appeal from 164th District Court of Harris County Trial Court Judge: Martha Hill Jamison Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Boyce) (one-vehicle truck accident PI negligence suit by driver against employer, admission of evidence, witness credibility, impeachment) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00566-CV Marcus Barber v. Bison Building Materials, Ltd. Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00243-CR Shefren Dewayne Dixon v. The State of Texas Appeal from 208th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00966-CR In Re Ronald Dwayne Whitfield Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00967-CR In Re Ronald Dwayne Whitfield Appeal from 337th District Court of Harris County |
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