| Decisions of the Fourteenth Court of Appeals in Houston October 2008 |
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Opinion Release Dates: Oct. 2, 7, 9, 14, 16, 21, 23, __, 2008 OCTOBER 2008 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN OCTOBER 2008 October 30, 2008 Civil Causes Decided: DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-07-00740-CV Derek Lai and Ching Wang Chu v. Safeco Insurance Company of Illinios- Appeal from Co Civil Ct at Law No 3 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00500-CV Iris Williams v. Uchenna K. Ojiaku Appeal from County Court at Law No 3 of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00475-CR Scott Anderson Copeland v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Frost 14-07-00684-CR Cedric Dewayne Knox v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Frost 14-07-00685-CR Cedric Dewayne Knox v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00772-CR David Earl Sweed v. The State of Texas Appeal from 21st District Court of Washington County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-01070-CR Jahlaisse Williams v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00683-CR Latesta Marie Onyenike v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Brown 14-08-00922-CR The State of Texas v. Daniel Francis Camilli Appeal from County Court at Law No 3 of Fort Bend County October 28, 2008 Civil Causes Decided: None Criminal Causes Decided: AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00495-CR Eseosa Omoruyi Obadagbonyi v. The State of Texas Appeal from Co Crim Ct at Law No 9 of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-01097-CR James Edward Jackson v. The State of Texas Appeal from 179th District Court of Harris County ctober 23, 2008 Civil Causes Decided: RSM Production Corporation v. Vintage Petroleum, Inc. (Tex.App.- Houston [14th Dist.] Oct. 23, 2008) (Seymore) (contract formation, enforceability, effect of missing signature of third party) REVERSED AND REMANDED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-00563-CV RSM Production Corporation, A Texas Corporation v. Vintage Petroleum, Inc., A Delaware Corporation, and Devon Energy Corporation, A Delaware Corporation, Successor to Santa Fe Energy Resources, Inc.--Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00023-CV Raymond Murray v. Pete Sullivan d/b/a Sullivan's Advanced Automotive Care & Sullivan's Auto Care--Appeal from County Civil Court at Law No 1 of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Anderson and Frost 14-05-01015-CR Richard Robles Vigil v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-06-00741-CR William Branch Justus Jr. v. The State of Texas Appeal from Co Crim Ct at Law No 9 of Harris County AFFIRMED: Opinion by Justice Hudson Before Justice Hudson 14-06-00813-CR Manuel Flores v. The State of Texas Appeal from 230th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00422-CR Alan Julian Harper 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 14-07-00431-CR Jason Ashley Sparks v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-00432-CR Jason Ashley Sparks v. The State of Texas Appeal from 339th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00791-CR Toyia Lasasha Vining v. The State of Texas Appeal from 262nd District Court of Harris County October 21, 2008 Civil Causes Decided: The Travis Law Firm v. Woodson Wholesale (Tex.App.- Houston [14th Dist.] Oct. 21, 2008)(Frost) (attorney's fees litigation, small amount of damages recovered, excessive attorney fee demand denied) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Brown 14-07-00204-CV The Travis Law Firm, A Professional Corporation v. Woodson Wholesale Inc. Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-07-00078-CR Gregory Wayne McAfee v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00775-CR Lee Chapa Salinas v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00824-CR Tommy Eugene Byars v. The State of Texas Appeal from 412th District Court of Brazoria County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-01049-CR John Manuel Sanchez v. The State of Texas Appeal from 412th District Court of Brazoria County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-08-00038-CR Charlie Louis Bradley v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-08-00039-CR Charlie Louis Bradley v. The State of Texas Appeal from 174th District Court of Harris County October 16, 2008 Civil Causes Decided: Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown) (governmental immunity, sovereign immunity, summary judgment based on limitations, no waiver of immunity by conduct or by sue and be sued language under Tooke v. City of Mexia) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Brown and Boyce 14-07-00176-CV Glenn Emile Seureau and Glenn Edouard Seureau v. Exxon Mobil Corporation and Port of Houston Authority--Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00711-CV Kenneth Walker, Et Al. v. New Century, Et Al. Appeal from County Civil Court at Law No 3 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00363-CV The Air Conditioning Store, Inc. v. Jack Wainwright, Universal Protection Plan, Inc. d/b/a Universal Administrators and d/b/a Universal Administrator Service and Universal Administrators, L.L.C. Lyndon Property Insurance Company and Protective Life Insurance Company Appeal from 151st District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00573-CV Jeffrey J. Tompkins v. Millennium Development Corp. Appeal from 234th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00601-CV Cynthia Mitchell v. Ronnie Lee Kay d/b/a Kay's Ice House and Ronnie's Ice, Reddy Ice Corporation, Reddy Ice Group, Inc., and Exxon Mobile Corporation Appeal from 270th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00682-CV In the Interest of J.K. and J.E.K., Children Appeal from 312th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00694-CV Mary Elizabeth Sellers v. Shaun Kelly Sellers Appeal from 253rd District Court of Chambers County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00793-CV Yigal Bosch, Corpus Christi Staples, LLC, Midland Western Building, LLC and 201-209 East Mulberry, LLC v. Toni Scott--Appeal from 113th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00295-CR Eugene Jelks, Jr. v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-07-00680-CR Anthony David Okunno v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRMED AND REFORMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00053-CR Ernest Lee Tillman v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00150-CR Angel David DelaCruz v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00152-CR Angel David Delacruz v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00325-CR Lucinda Michelle Borres v. The State of Texas Appeal from 252nd District Court of Jefferson County October 14, 2008 Civil Causes Decided: In Interest of SN, SMN, DAN (Tex.App.- Houston [14th Dist.] Oct 14, 2008)(Yates) (termination, constitutionality TFC § 263.405, statement of points for appeal 15 day deadline) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-07-00161-CV In the Interest of S.N., S.M.N., D.A.N., Children Appeal from 314th District Court of Harris County Allied Mortgage Capital Corp. v. Advantage Investors Mortgage Corp. (Tex.App.- Houston [14th Dist.] Oct. 14, 2008)(Yates)(termination for cause, lost record, attorneys fees) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates 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 Appeal from 127th District Court of Harris County Trial court judge: ___ Criminal Causes Decided: October 9, 2008 Civil Causes Decided: RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Suppl. Op. by Guzman) (remittiture, punitive damages) 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 Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Substitute opinion by Brown) (SJ, admissible evidence, no theft of trade secrets, breach a fiduciary duty, tortious interference) 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 Sloan v. Sloan (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(per curiam) (no appellate jurisdiction to review interlocutory order denying indigency status in the trial court) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00181-CV Andre Sloan v. Doreen (Baker) Sloan Appeal from 312th District Court of Harris County Trial Court Judge: David D. Farr In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges) (discovery mandamus denied, privilege, anti-trust litigation) MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00204-CV In Re Memorial Hermann Healthcare System and Memorial Hermann Hospital System Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan CONCURRING: Concurring Opinion by Justice Frost DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00506-CV Kristofer Thomas Kastner v. Julia E. Vaughn, Executive Director of the Texas Board of Law Examiners Appeal from 127th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00641-CV Velda Britt v. John Hightower Appeal from County Civil Court at Law No 4 of Harris County Hines v. JPMorgan Chase Bank NA (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(per curiam) (lease law, appeal from commercial eviction possession order not authorized, DWOJ) DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00707-CV Bernice H. Hines, d/b/a Krestmont Kiddie College v. JPMorgan Chase Bank, N.A., Et Al. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00914-CV Ronald Dwayne Whitfield Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00915-CV In Re: Ronald Dewayne Whitfield Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00916-CV In Re: Ronald Dewayne Whitfiled Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00917-CV In Re: Ronald Dewayne Whitfield Appeal from 337th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman, Opinion by Justice Brown, Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Guzman and Brown) 14-07-00376-CR Michael Eugene Hunt v. The State of Texas Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce) 14-08-00569-CR Melanie Johnson v. The State of Texas Appeal from 248th District Court of Harris County October 7, 2008 Civil Causes Decided: Approximately $30,400.00 v. State of Texas (Tex.App.- Houston [14th Dist.] Oct. 7, 2008)(per curiam)(civil forfeiture, sanctions reversed) REVERSED AND REMANDED: Per Curiam Before Justices Frost, Seymore and Guzman 14-07-00342-CV Approximately $30,400.00 v. The State of Texas Appeal from 333rd District Court of Harris County Trial Court Judge: JOSEPH J. HALBACH In re Dickens (Tex.App.- Houston [14th Dist.] Oct. 7, 2008)(per curiam) (order striking settlement agreement unsuccessfully challenged by mandamus) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00866-CV In Re: Patsy J. Dickens Appeal from 310th District Court of Harris County Trial Court Judge: Lisa A. Millard MOTION OR WRIT DENIED: Per Curiam (procedurally deficient petition for mandamus) Before Justices Brock Yates, Seymore and Boyce 14-08-00884-CV In Re Billy Holmes a/k/a Billy Richards Appeal from 263rd District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce) 14-07-00464-CR Manuel Oscar Ramirez v. The State of Texas (Bd of Pardons and Parole) Appeal from 208th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce) 14-07-00701-CR Daphne Jones v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce) 14-07-00902-CR Johnny Frank Moore v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-08-00171-CR Angel Soliz, Jr. v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Hudson and Frost) 14-08-00172-CR Angel Soliz, Sr. v. The State of Texas Appeal from 248th District Court of Harris County October 2, 2008 Civil Causes Decided: DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-06-00956-CV Samuel C. Arungwa v. Nnenna B. Strother Appeal from Co Civil Ct at Law No 1 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-07-00641-CV In the Interest of S.D.J. and A.D.J. Appeal from 312th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00308-CV In the Interest of V.M.P.D. Appeal from 309th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00530-CV Larry Wayne Jones v. Linda Gail Jones Appeal from 246th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00533-CV The Egerton Clinic P.A. and Shahnaz Khan v. Buzbee Properties, Inc. and Anthony Buzbee--Appeal from County Court at Law No. 3 of Galveston County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Guzman 14-08-00570-CV Kevin M. Washington v. Wells Fargo Bank Serious 2004-OPT3 or Hughes, Watters & Askanase, L.L.P.--Appeal from 80th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00635-CV Sheryl Hintz v. Kevin Lally, M.D. Appeal from 334th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00642-CV A.K. Interests, Et Al v. Reliasource, Inc., Et Al Appeal from Co Civil Ct at Law No 1 of Harris County Criminal Causes Decided: DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00318-CR Jesse A. Raub v. The State of Texas--Appeal from County Court at Law No 3 of Montgomery County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00469-CR Spenser Douglas Horton v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00475-CR Spenser Douglas Horton v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISSED: Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00495-CR David Avery Montgomery v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00708-CR Lolita Battles Johnson v. The State of Texas--Appeal from Co Crim Ct at Law No 9 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00729-CR Ronald Wideman v. The State of Texas--Appeal from 241st District Court of Smith County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00765-CR Jack David Fowler v. The State of Texas--Appeal from 184th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00817-CR Andres Alejandro v. The State of Texas--Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00837-CR Allen Roy Miller v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00838-CR Ronald Dwayne Whitfield v. The State of Texas--Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00841-CR Ronald Dwayne Whitfield v. The State of Texas--Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown) 14-08-00847-CR Sergio Rodriguez v. The State of Texas--Appeal from 184th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost) 14-08-00878-CR Daniel Wright v. The State of Texas--Appeal from 262nd District Court of Harris County |
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