| Decisions of the Fourteenth Court of Appeals in Houston - September 2008 |
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Opinion Release Dates: Sep. 2, 4, 9, 11, 25, 30, 2008 SEPTEMBER 2008 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN SEPTEMBER 2008 September 30, 2008 Civil Causes Decided: Gonzalez v. In the Estate of Gonzalez (Tex.App. - Houston [14th Dist.] Sep. 30, 2008)(Yates) (recusal order void, signed by judge while motion to recuse was pending) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00047-CV Miguel Angel GonzalezGuilbot, Carlos A. Gonzalez Guilbot, and Maria Rosa Del Arena De Gonzalez v. In the Estate of Miguel Angel Luis Gonzalez Y Vallejo Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Reardon, MD v. Nelson (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Brown) (interlocutory appeal from the trial court's denial of his motion to dismiss a medical malpractice lawsuit, sufficiency of expert reports) REVERSED AND REMANDED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00263-CV Michael J. Reardon, M.D. v. Royce Nelson Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Rava Square Homeowners Ass'n v. Swan (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Boyce) (DWOP reversed, motion to reinstate, default judgment) REVERSED AND REMANDED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00521-CV Rava Square Homeowners Association v. Kevin J. Swan Appeal from 80th District Court of Harris County Trial Court Judge: Lynn M. Bradshaw-Hull In re Peters (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(per curiam) (mandamus denied, no sworn record) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Hudson and Frost 14-08-00744-CV In Re Edwin J. Peters Appeal from 183rd District Court of Harris County Trial Court Judge: C. JOAN HUFFMAN Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown 14-04-00027-CR Danny Lee Mixon v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00512-CR John P. Chance v. The State of Texas Appeal from County Criminal Court at Law No 11 of Harris County September 25, 2008 Civil Causes Decided: Trevino v. NVG North Village Green I Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Seymore) (premises liability, elevator malfunction) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00240-CV Oralia Trevino v. NVG North Village Green I Association, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on en banc motion by Frost) (discovery disputes, privilege) DISSENTING: Dissenting Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates, Anderson, Guzman, Brown and Boyce 14-07-00590-CV In Re: Michael Hicks and Jerry Fazio Appeal from 155th District Court of Austin County Trial Court Judge: Judge Daniel R. Beck Singleton v. The City of League City, TX (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Yates) (TTCA, employee's motion to dismiss based on suit against governmental entity, mal prosecution claim) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00932-CV Raymond A. Singleton, Walter A. Hammann IV, and The City of League City, Texas, Sued Directly and Through the League City Police Department v. Kenneth L. Casteel 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 14-08-00058-CV Keith B. Bulls v. Chevron Pipe Line Company Appeal from 215th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00242-CV Brande Bingham v. MBNA America, Et Al Appeal from County Civil Court at Law No 3 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00508-CV Dennis C. De Acetis v. Michael De Acetis Appeal from 239th District Court of Brazoria County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00594-CV Wal-Mart Stores, Inc. v. Lucille R. Pennycuff Appeal from 413th Judical District Court of County MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00655-CV In Re Pioneer Natural Resources Company and Pioneer Natural Resources USA, Inc.--Appeal from 334th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00856-CV In Re Mark Anthony Parmer--Appeal from of County Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00381-CR Chris Turan Hawkins v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-07-00609-CR Jonathan Ryan Jackson v. The State of Texas Appeal from 209th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00579-CR Alejandro Hinojosa v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00703-CR The State of Texas v. Pashko Zef Plumaj Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00822-CR Odis M. Roberts v. The State of Texas Appeal from 262nd District Court of Harris County September 23, 2008 Civil Causes Decided: In re Cephus (Tex.App.- Houston [14th Dist.] Sep. 23, 2008) (no mandamus jurisdiction re: ineffective assistance of counsel claim) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Frost 14-08-00809-CV In Re Ronald Darnell Cephus Jr. Appeal from 232nd District Court of Harris County Trial Court Judge: Mary Lou Keel Criminal Causes Decided: September 22, 2008 Civil Causes Decided: In re TCW Global Project Fund II, Ltd (Tex.App.- Houston [14th Dist.] Sep. 22, 2008) (mandamus denied re: denial of motion to dismiss based on a forum-selection clause) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Guzman and Brown) 14-08-00116-CV In Re TCW Global Project Fund II, Ltd., TCW Asset Management Company, and Trust Company of the West Appeal from 189th District Court of Harris County Trial Court Judge: William R. Burke JR. In re Reichert (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)(per curiam) (Mandamus in denial of motion for continuance denied) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00870-CV In Re Russell Reichert, David Eymard and Robert Ostos Appeal from 215th District Court of Harris County Trial Court Judge: Levi James Benton Criminal Causes Decided: September 11, 2008 Civil Causes Decided: In re Strachan (Tex.App.- Houston [14th Dist.] Sep. 11, 2008)(per curiam) (trial court's failure to rule on pending motion warrants mandamus relief) MOTION OR WRIT GRANTED: Per Curiam Before Justices Frost, Seymore and Guzman 14-08-00299-CV In Re James G. Strachan Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: The Honorable James H Shoemake DISMISSED: Per Curiam (insufficient mandamus petition) Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00342-CV In Re Edward R. Newsome Appeal from 179th District Court of Harris County Trial Court Judge: James Michael Wilkinson DISMISSED: Per Curiam (insufficient petition, DWOJ) Before Chief Justice Hedges, Justices Hudson and Boyce 14-08-00343-CV In Re Edward R. Newsome Appeal from 179th District Court of Harris County Trial Court Judge: James Michael Wilkinson DISMISSED: Per Curiam (mandamus petition moot, appeal pending, DNA testing denial) Before Justices Brock Yates, Seymore and Boyce 14-08-00742-CV In Re Lionel Newman Appeal from 230th District Court of Harris County Trial Court Judge: Belinda Hill Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Brown 14-07-00410-CR Maurice Rachal v. The State of Texas Appeal from 344th District Court of Chambers County ABATED: 14-08-00370-CR Sherwood Thomas Gobert v. The State of Texas Appeal from 351st District Court of Harris County ABATED: 14-08-00437-CR Maximus Paul v. The State of Texas Appeal from 180th District Court of Harris County September 9, 2008 Civil Causes Decided: McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges) (attorney's fees incurred in SAPCR litigation not child support, child support, scope of remand) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00470-CV Christopher Joseph McCloskey v. Anne Miriam McCloskey Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern In Interest of DCM, LGM (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges) (SAPCR modification, mischaracterization of attorney's fees as child support corrected) AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00844-CV In the Interest of D.C.M. and L.G.M Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00321-CR Adrian Devaughn Williams v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Price Before Price, Chief Justice Hedges, Justice Boyce 14-07-00637-CR Clifton Tommie Powers v. The State of Texas Appeal from 174th District Court of Harris County September 4, 2008 Civil Causes Decided: DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00867-CV Sylvia Comerford v. First Horizon Home Loan Corp. Appeal from Conty Civil Court at Law No 2 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00502-CV John R. Haas v. Ashford Hollow Community Improvement Association, Inc. Appeal from County Civil Court at Law No 1 of Harris County Criminal Causes Decided: DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Boyce 14-08-00704-CR Charles Stoneham Jr. v. The State of Texas Appeal from 248th District Court of Harris County September 2, 2008 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam (mandamus re free record for appeal denied) Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00785-CV In Re Rudy Apolinar Appeal from 351st District Court of Harris County Criminal Causes Decided: AFFIRMED AND REFORMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-07-00142-CR Tommy Galindo Rodriguez v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-07-00276-CR Arch Ray Clark v. The State of Texas Appeal from 182nd District Court of Harris County |
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