| Decisions of the 14th Court of Appeals in Houston 2008 | 2007 Also see --> First Court of Appeals (Tex.App. 2008) |
Appellate Judges on the Fourteenth Court of Appeals Chief Justice Adele Hedges | Justice John Anderson | Justice Richard Edelman | Justice Wanda Fowler Justice Eva M. Guzman | Justice J. Harvey Hudson | Justice Charles W. Seymore | Justice Kem Thompson Frost Justice Leslie Brock Yates | Also see --> 2007 First Court of Appeals Cases | Home Page Civil Case Table: Appeals with signed or per curiam opinions released in 2008 SEPTEMBER 2008 OPINIONS 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) 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) Rava Square Homeowners Ass'n v. Swan (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Boyce) (DWOP reversed, motion to reinstate, default judgment) In re Peters (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(per curiam) (mandamus denied, no sworn record) Trevino v. NVG North Village Green I Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 25, 2008)(Seymore) (premises liability, elevator malfunction) In Re Hicks (Tex.App. - Houston [14th Dist.] Sep. 25, 2008)(Dissent on en banc motion by Frost) (discovery disputes, privilege) 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) In re Cephus (Tex.App.- Houston [14th Dist.] Sep. 23, 2008) (no mandamus jurisdiction re: ineffective assistance of counsel claim) 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) In re Strachan (Tex.App.- Houston [14th Dist.] Sep. 11, 2008)(per curiam) 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 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) AUGUST 2008 OPINIONS Buggelli v. Feltis (Tex.App. - Houston [14th Dist.] Aug. 28, 2008)(Guzman) (DTPA, challenge to judgment on settlement agreement, waiver of error) Barajas v. Harvest Credit Management VI-B, LLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (credit card debt suit, summary judgment for debt collector reversed, contract terms not proven) Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (workplace accident death, no gross negligence found) Heckel v. Allen Samuels Chevrolet and GE (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (product liability claim time-barred, warranty claim remanded) Grace Memorial Baptist Church v. Harris County (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman) (property tax exemption claim not viable in tax suit, tax protest statute exclusive remedy) In Interest of CMC, CEC, GLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Brown) (termination of parental rights of alleged father reversed) In re Browning-Ferris Industries, Inc. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (discovery mandamus denied, motion to compel) Whitmire v. Lilly (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Boyce) (nunc pro tunc, NPT, void order vacated, plenary jurisdiction) Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges) (sealing order) Lomax v. Thomas (Tex.App.- Houston [14th Dist.] Aug 28, 2008)(per curiam) (DWOJ, interlocutory appeal not authorized) In re H & R Block Financial Advisors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Guzman) (arbitration mandamus, waiver argument) In Interest of RS (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(per curiam) (interlocutory appeal of temporary order in SAPCR termination suit not authorized, DWOJ) In re Sedeno-Suarez (Tex.App.- Houston [14th Dist.] Aug.. 28, 2008)(per curiam) (parallel civil and criminal proceedings, discovery limitations, order of protection, invocation of fifth amendment privilege) Sonic Systems Int., Inc. v. Croix (Tex.App.- Houston [14th Dist.] Aug. 27, 2008)(Seymore) (insurance law, workers comp claim denial) Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (workers comp subrogation) Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (insurance code violation damages affirmed, loss of credit reputation damages deleted) Transcontinental Ins. Co. v. Crump (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Anderson) (worker's compensation death benefits judicial review proceeding, attorneys fees) In the Interest of D.A.P. (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (child support, OAG suit UCCJEA, modification, order on SAPCR counterclaim reversed, no jurisdiction over out-of-state parent due to failure to serve with citation UCCJEA) Salymeh v. Plaza Centro, LLC (Tex. App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, landlord-tenant, forcible detainer, right of possession, lost rents not proven) West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (construction law, BoC, surety liability limited to face amount of bond) GP II Energy, Inc. v. Chamberlain, Hrdlicka, White, WIlliams & Martin (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Frost)(fraud, breach of fiduciary duty, escrow agent, non-disclosure) Thompson v. Peak (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) Dissenting Opinion by Justice Frost Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, PC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Boyce) (attorney-client fee dispute, contingency fee agreement) Salaymeh v. Plaza Centro, LLC (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore) (lease law, damages for unpaid rent reversed for lack of sufficient proof, consolidated appeals in two forcible detainer suits) SWBT v. Harris County (Tex.App. - Houston [1st Dist.] Aug. 26, 2008)(Yates) (inverse condemnation claim, utility easement, compensable taking, jurisdiction of Harris County county courts, plea to the jurisdiction reversed) Mayo v. Suemaur Exploration & Production LLC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Anderson) (auto collision with cattle, summary judgment affirmed, evidence not authenticated, pro se litigants) Concurring Opinion by Justice Brown McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce) (judgment in credit card debt suit affirmed, contract, quantum meruit, attorney's fees, business records affidavit) In re Anthony Santos (Tex.App.- Houston [14th Dist.] Aug. 26, 2008)(per curiam) (signing of final order moots mandamus pertaining to temporary SAPCR orders) In re Banargent (Tex.App.- Houston [14th Dist.] Aug 26, 2008)(per curiam)(inadequate record) CA Partners v. Marshall Spears (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (debt collection, deed of trust, DTPA, DJA, attorneys fees reversed and remanded) CHCA Mainland, LP v. Dickie (Tex.App.- Houston [14th Dist.] Aug. 21, 2008)(Fowler) (HCLC, expert not qualified; case remanded for possible grant of extension to file proper report) In Re Seizure of Gambling Proceeds (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Fowler) (search warrant not required for the State to initiate a forfeiture proceeding under Article 18.18(b) when officers enter a gaming establishment with the owner's consent and there is probable cause for seizure of the property) The Appraisal Review Board of HCAD v. O'Connor & Associates (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Yates) (property tax appeal, failure to exhaust their administrative remedies before filing suit requires jurisdictional dismissal) In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, clarification order declared void, motion to compel) Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) In Re OAG of Texas (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Brown)(bill of review, child support) (petition for mandamus challenging order lifting child support judgment and lien denied) Pirate's Lake Ltd. v. Vestin Realty Mortgage I, Inc., No. 14-08-00085-CV (Tex.App.- Houston [14th Dist.] Aug. 12, 2008)(appointment of receiver challenged, but foreclosure of property at issue moots case) (foreclosure case law, mootness doctrine) Clear Lake City Water Authority v. Kirby Lake Development (Tex.App.- Houston [14th Dist.] Aug. 7, 2008) (Hedges) (local governmental entity, no breach of contract in connection with voter rejection in bond election, governmental immunity claim rejected, statutory waiver applies) In re Sterling Chemicals, Inc. (Tex.App.- Houston [14th Dist.] Aug. 7, 2008)(Hedges) (forum selection clauses ambiguous due to inconsistency in documents, not enforced by trial court, appeals court denies mandamus) JULY Chapa v. Traciers & Assoc., Inc. (Tex.App.- Houston [14th Dist.] July 31, 2008)(Guzman) (repossessed car, kids inside, parents' claim rejected) State of Texas v. Clear Channel Outdoor (Tex.App.- Houston [14th Dist.] Muly 31, 2008)(Frost) (eminent domain, inverse condemnation, plea to the jurisdiction overruled) In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler) (arbitration mandamus granted) RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (employment law, written employment contract, remittiture suggested) Praise Tabernacle Outreach v. The Restoration Financial Group (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (Church breach of contract, disqualification of counsel) The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (negligence, proportionate responsibility, damages award reduced) In Interest of SRB (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (parentage, nonpaternity) Starr v. Dart (Tex.App.- Houston [14th Dist.] July 24, 2008)(Fowler) The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce) (City of Houston litigation, immunity to contract claim waived by statute) In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown) (discovery mandamus denied, order of protection, privilege claim waived) Grimes County Bail Bond Bd. v. Ellen (Tex.App. - Houston [14th Dist.] July 22, 2008)(Boyce) (license suspension, revocation, reinstatement) Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the Texas Civil Practice and Remedies Code. The court affirms.) Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) In re Kerry Beal (Tex.App.- Houston [1st Dist.] July 17, 2008) (per curiam) (untimely notice of appeal) Wellington Underwriting Agencies Limited v. The Houston Exploration Co. (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hedges) (ILA interlocutory appeal certified, insurance coverage, oil production offshore) Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (PI, fire truck collision, official immunity defense rejected, cases with dissents and/or concurrences) Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] July 15, 2008)(Brown) (summary judgment) Public, Inc. v. County of Galveston (Tex.App.- Houston [14th Dist.] July 10, 2008)(Anderson) (taxing of non-profits) Ganim v. Cotton USA, LP (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (quantum meruit) In the Interest of CJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) In the Interest of CMJ (Tex.App.- Houston [14th Dist.] July 10, 2008)(Hedges) (termination of parental rights) In Re Bruce R. Hotze (Tex.App.- Houston [14th Dist.] July 10, 2008)(per curiam) (election law, city proposition dispute) WMC Mortgage Corp., v. Adams (Tex.App.- Houston [14th Dist.] July 3, 2008)(Yates) (real estate transaction, equitable lien) Hofstatter v. General Interior Construction, Inc. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Hedges) (cases with dissents and/or concurrences)(accelerated appeal, special appearance denied, personal jurisdiction, individual liability of corporate officer based on Texas Trust Fund Act ) Dissenting Opinion by Justice Frost Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice, breach of fiduciary duty, BoFD, claim splitting, expert testimony to prove malpractice, failure to produce expert, continuance properly denied) City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (city's immunity claim, waived for breach of contract by statute, City of Houston litigation, Tooke progeny) In re Kevin J. Smith (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost) (SAPCR, mandamus petition to set aside grandparent access order denied, standing doctrine) O'Kane v. Coleman (Tex.App.- Houston [14th Dist.] July 1, 2008)(Fowler)(lease law, theft liability act claim, amendment of pleadings prior to hearing, tortious interference, defense of privilege, denial of motion for continuance, admissions exclusion of sj evidence) Verm v. HCAD (Tex.App.- Houston [14th Dist.] July 1, 2008)(Yates) (property tax appeal, no denial of due process) In the Estate of Gaines (Tex.App.- Houston [14th Dist.] July 1, 2008)(Anderson) (probate matter estate, disqualification of independent executor of estate proper, production of bank records, attorney's fee award to bank not supported by pleadings and void, turnover order, no jurisdiction over interlocutory rejection of claim) Marvin v. Fithian (Tex.App.- Houston [14th Dist.] July 1, 2008)(Seymore) (HCLC, interlocutory appeal, failure to provide proper post-operative care, doctor's motion to dismiss properly denied) June 2008 Civil Cases Decided - with links to opinions In the Interest of TDN (Tex.App.- Houston [14th Dist] June 26, 2008)(Frost) (termination of parental rights, oral motion for continuance deficient, error not preserved) City of Houston v. Proler (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam) (agreed dismissal, motion to split costs denied in absence of agreement) In Re George R. Neely (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam) (attorney discipline, mandamus denied in attorney disbarment case) Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler) (legal malpractice, claim splitting, applicable statute of limitations, tolling, discovery rule) Concurring and Dissenting Opinion by Justice Guzman (different legal causes of action with different statutes of limitations not separate claims). Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co. (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (insurance law, excess insurer coverage, third appeal) Woods v City of Galveston (Tex.App.- Houston [14th Dist.] June 24, 2008) (Guzman) (public employment disputes, discrimination suit by fire fighter) In the Interest of KRS (Tex.App.- Houston [14th Dist.] June 24, 2008)(Yates) (paternity, nonpaternity, failure to present error in opening brief proves fatal to appeal, rule enforced) Marline Deandre House v. State of Texas (Tex.App.- Houston [14th Dist.] June 24, 2008)(Hedges) (civil commitment of person acquitted of murder of family member on basis of insanity defense) Gerald W. Maness v. Spaw Maxwell Group, LLC (Tex.App.- Houston [14th Dist.] June 24, 2008) (Boyce) (breach of contract, third-party beneficiary, fraud, negligent misrepresentation) Lakhany International Inc. v. JR United Industries, Inc. (Tex.App.- Houston [14th Dist.] June 19, 2008)(Seymore) McInnis v. Mallia (Tex.App.- Houston [14th Dist.] June 17, 2008)(Corrected majority opinion by Frost) (malpractice suit, no-evidence motion for summary judgment, no adequate opportunity to conduct discovery) Dissenting Opinion by Justice Seymore (adequate discovery) Ahmed v. Ahmed (Tex.App.- Houston [14th Dist.] June 17, 2008)(Yates) (divorce, internatinal family law, Islamic marriage, enforceability of agreement for payment of money as prenup) Concurring and Dissenting Opinion by Justice Guzman In re Credit Suisse (Tex.App.- Houston [14th Dist.] June 17, 2008)(Hedges) (contractual jury waiver) Approximately $14,980.00 v. The State of Texas (Tex.App. - Houston [14th Dist.] Jun. 12, 2008)(Yates) (default judgment, deemed admission, opportunity to rebut presumption of proper service) Reinhardt v. Walker (Tex.App.- Houston [14th Dist.] June 12, 2008)(Hedges) (partnership dispute, fees) Chacko v. Mathew (Tex.App.- Houston [14th Dist.] June 12, 2008)(Boyce) Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.] June 12, 2008) (Hedges) (easement dispute) Hubco, Inc. v. Hall (Notice of appeal defective, no signature) (per curiam dismissal) Ford Motor Co. v. Miller (Tex.App.- Houston [14th Dist.] June 10, 2008)(Yates) (asbestos jury judgment thrown out, no duty) McInnis, D.V.M. v. Michael Mallia, J.D., (Tex.App.- Houston [14th Dist.] June 10, 2008)(Frost) (legal malpractice) (no-evidence summary judgment reversed on ground of insufficient time for discovery)Dissenting Opinion by Justice Seymore Awoniyi v. Mcwilliams, MD (Tex.App.- Houston [14th Dist.] June 10, 2008)(Brown) (HCLC, untimely expert report, attorney's fees award remanded, failure to segregate recoverable an unrecoverable) In re James Andrew Walker, II (Tex.App.- Houston [14th Dist.] June 10, 2008)(per curiam) In re Holmes (Tex.App.- Houston [14th Dist.] June 10, 2008)(per curiam) (jurisdictional dismissal) May 2008 Civil Court Opinions issued by the Fourteenth Court of Appeals 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 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) 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) 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) 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) TDPS v. Little (Tex.App.- Houston [14th Dist.] May 29, 2008)(Guzman) (TTCA, collision with emergency vehicle, government immunity sustained, ILA) In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce) (arbitration compelled by mandamus) Song v Alliance Laundry Systems, LLC (Tex.App.- Houston [14th Dist.] May 27, 2008)(Seymore) (promissory note, appellate attorney's fees) Barbarawi v. Ahmad (Tex.App.- Houston [14th Dist.] May 27, 2008)(Hedges) (breach of contract, tortious interference with business, sale of restaurant) In Re Radmacher (Tex.App.- Houston [14th Dist.] May 23, 2008)(per curiam) (child support criminal contempt, habeas corpus denied) 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) Schafer v. Frost National Bank (Tex.App.- Houston [14th Dist.] May 22, 2008)(Frost) (fraudulent representation) Bennett Truck Transport, LLC v. William Brothers Construction (Tex.App. - Houston [14th Dist.] May 22, 2008)(Yates) (common carrier liability, equitable subrogation, sj reversed) 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) 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) HCAD v. Shell Oil Co. (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (tax exemption, FTZ exemption, jurisdictional dispute) Arboretum Nursing and Rehabilitation Center of Winnie, Inc. v. Isaacks (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges) (HCLC, expert report) Hernandez v. Atieh (Tex.App.- Houston [14th Dist.] May 20, 2008)(Frost) (auto accident law, negligence, jury trial) Ahmed v. Metro (Tex.App.- Houston [14th Dist.] May 20, 2008)(Hedges) (inverse condemnation, takings claim) In Re Universal Finances Consulting Group, Inc. (Tex.App.- Houston [14th Dist.] May 20, 2008)(Boyce) (arbitration mandamus, motion to compel) In Re Dunsomore (Tex.App.- Houston [14th Dist.] May 20, 2008)(per curiam) (no jurisdiction to issue writ against clerk) Ex Parte Pendleton (Tex.App. - Houston [14th Dist.] May 20, 2008)(per curiam) (jurisdictional dismissal) 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) Baugh v. Baugh (Tex.App.- Houston [14th Dist.] May 16, 2008)(Boyce) (divorce, bench warrant denied to incarcerated spouse, denial of counsel) 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) 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) 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) Patterson v. Patterson (Tex.App. - Houston [14th Dist.] May 13, 2008)(Anderson) (divorce, pro se, waiver of jury trial, local rules, attorney's fees) 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) Chappel Hill Bank v. Lillian Smith (Tex.App. - Houston [14th Dist.] May 8, 2008)(Brown) (real estate law, easement, attorneys fees) SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May 8, 2008)(Anderson) (trade secrets, tortious interference) Hayes, IV v. Comm. for Lawyer Discipline (Tex.App.- Houston [14th Dist.] May 8, 2008)(per curiam) (joint motion to vacate, settlement) 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) 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) In Re Israel Dominguez, Sr. (Tex.App.- Houston [14th Dist.] May 5, 2008) (Hedges) (child support contempt, commitment order void, habeas granted) Harris County Hospital District v. Textac Partners I (Tex. App.- Houston [14th Dist.] May 1, 2008)(Fowler) (eminent domain, condemnation case) April 2008 Civil Case Opinions from the Fourteenth Court of Appeals Lundy v. Masson, MD (Tex.App.- Houston [14th Dist.] Apr. 29, 2008)(Yates)(fraud, breach of fiduciary duty, election of remedies) Harris County v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] Apr. 29, 2008)(Anderson) (eminent domain law, condemnation of billboard, takings claim) HCAD v. Spencer Square Ltd (Tex.App.- Houston [14th Dist.] Apr. 29, 2008) (Seymore) (property tax appeal, procedural issues, second hearing sought by mandamus, no jurisdiction) In Re Strachan (Tex.App. - Houston [14th Dist.] Apr. 25, 2008)(per curiam) (insufficient record for mandamus relief) Haaksman v. Diamond Offshore (Bermuda), Ltd. (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Anderson (domestication of foreign money judgment, personal jurisdiction over debtor) Swaab v. Swaab (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Guzman)(divorce SAPCR appeal) In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(Justice Bill Boyce) (arbitration mandamus, motion to compel home owners to arbitrate claims against builder) Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Frost) (insurance law, broker, nondisclosure order void)Concurring and Dissenting Opinion by Justice Guzman Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates) (promissory note, estoppel, quantum meruit) Dewalt v. Dewalt (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Brown) (family law, SAPCR, domestic violence allegations, denial of joint custody, award of disproportionate share of property) URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges) (real estate transaction, setting aside deed, clean hands, bona fide purchaser) Greenfield Energy Inc. v. Duprey (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Guzman) (special appearance, foreign defendant, alter ego theory rejected, agency) In re Burk (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Seymore) (UCCJEA child custody jurisdiction, home state) In Re Burks and Approx. $63,375.00 (Tex.App.- Houston [14th Dist.] Apr. 9, 2008)(per curiam) (mandamus denied without prejudice) Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)(HCLC, MedMal, sufficiency of expert report) Exxon Mobil Corp. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (judgment for exemplary damages reversed, malice finding, sufficiency of evidence) AVCO Corp. v. Interstate Southwest Ltd (Tex. App.- Houston [14th Dist.] Apr. 3, 2008)(Supplemental Opinion on motion for rehearing by Guzman) Rakowski v. Committee to Protect Creek Village Homeowner's Rights (Tex.App. - Houston [14th Dist.] Apr. 3, 2008) (Subst. plurality op. by Edelman) (subdivision restrictive covenant dispute, homeowner law Concurring and Dissenting Opinion by Justice Frost Bill White, Mayor v. Robinson (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Seymore) (election law, dispute over validity of citizen-initiated proposition) Brocail v. Detroit Tigers, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (baseball injury, Labor-Management Relations Act) Harris County Flood Control District v. Roberts (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Frost) (eminent domain, condemnation, billboard, leasehold interest, compensation, 5th Amendment) Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition) McCall v. Smith (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (divorce and life insurance, probate court) AKIB Construction, Inc. v. Neff Rental, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Hedges) (sworn account, breach of contract, quantum meruit) Equistar Chemicals, LP v. Dresser-Rand Co. (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Opinion on remand by Hedges)(damages) Goss v. Houston Community Newspapers (Tex.App.- Houston [14th Dist.] Apr. 1, 2008) (Yates)(defamation) March 2008 Fourteenth Court of Appeals Opinions Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (interlocutory appeals dismissed, arbitration mandamus granted) In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (arbitration mandamus granted) Michael V. Kelly, II, MD v. Rendon (Tex.App. - Houston [1st Dist.] Mar. 27, 2008)(Anderson) (HCLC) 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) 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) 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) 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) Cedyco Corp. v. Tubbs (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Frost) (writ of execution, trial court's temporary injunction vacated, no jurisdiction) Hong v. IAE, Inc. (Tex.App. - Houston [14th Dist.] Mar. 11, 2008)(Fowler) (judgment reversed, conclusory and insufficient expert testimony to support damages award) 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) Grayson v. Anselmo (Tex.App. - Houston [14th Dist.] Mar. 11 2008) (Justice Jeff Brown) (premises liability, slip and fall, summary judgment for defendant affirmed) 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) 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) 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) In the Interest of AS, DS, and LAS (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(Fowler) (termination of parental rights reversed) In re McCloske (Tex.App.- Houston [14th Dist.] Mar. 4, 2008)(per curiam) (mandate compliance) February 2008 Fourteenth Court of Appeals Opinions Bancorp South Bank v. Prevot (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Seymore) (domestication and enforcement of foreign judgments, UEFJA) Exxon Mobil Corp. v. Hines No. 14-06-00745-CV (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Hedges) (employment law, age discrimination, defamation) Witte v. Witte (Tex. App.- Houston [14th Dist.] Feb. 21, 2008)(Edelman)(family law, divorce property division, separate and community property) In re Akin Gump Strauss Hauer & Feld LLP (Tex.App.- Houston [14th Dist.] Feb. 21, 2008)(Frost) (Client-attorney fee dispute, intellectual property) Comunidad Balboa, LLC. v. City of Nassau Bay (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Hedges) (default judgment reversed, no-answer default judgment not proper after answer filed, finality) Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates)(HCLC, expert reports sufficient) In Re Horizon Wirless (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(per curiam denial of discovery mandamus) Simplified Development Corp. v. Garfield (Tex.App. - Houston [14th Dist.] Feb. 14, 2008)(subst. op. by Anderson) (breach of contract, jury trial, admission of evidence, damages) General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008)(Guzman) (insurance law, duty to defend, indemnify) Clear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(Frost) (governmental immunity, breach of contract, Tooke progeny) Lovall v. Yen (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(lease law, eviction, lease, unpaid rent, bond, supersedeas, registry of the court) In the Interest of RLR, III (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Sears) (juvenile cases, revocation of probation) Fe De La Calzada v. American First National Bank (Tex.App.- Houston [14th Dist] Feb. 7, 2008) (Seymore) (promissory note) EPG, Inc.v RDM, Inc. (Tex.App.- Houston [14th Dist.] Feb. 7, 2008)(Anderson) (temporary injunction appeal, injunction vacated) Hornell Brewing Co., Inc. v. Lara (Tex.App.- Houston [14th Dist.] Feb. 5, 2008)(Yates) (default judgment, motion for new trial, defective product, personal injury) Dissenting Opinion by Justice Fowler in Hornell Brewing Co., Inc. (a/k/a Arizona) v. Modesto Tony Lara Brownlow v. State of Texas (Tex.App. - Houston [14th Dist.] Feb. 5, 2008)(Price)(government entities, inverse condemnation suit, sovereign immunity) January 2008 14th Court of Appeals Opinions Vanderbeek v. San Jacinto Methodist Hospital (Tex.App- Houston [14th Dist.] Jan 31, 2008)(Frost) (workplace injury, premises owner liability) Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue rules, foreign judgment, MTV) BCM v. Camberg (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Guzman)(Rule 11, wrongful death, jury verdict) Mendenhall v. The Estate of Mendenhall, (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Price)[probate law, res judicata, proceeding in another state] In Re Crown Castle Int. Group (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges) (discovery mandamus, protective order, biz organization law, shareholder suit) WesternGeco, LLC v. Input/Output (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(Frost)(settlement agreement) Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(per curiam) Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, health care liability, motion to dismiss) Rowan v. Escalante (Tex.App. - Houston [14th Dist.] Jan. 22, 2008)(Mirabal) (HCLC, summary judgment for defendants reversed) Sheffield v. Gibson (Tex.Ap.- Houston [14th Dist.] Jan. 22, 2008)(Fowler) (real estate transaction law, home purchase, fraud DTPA claim) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007)(Anderson) (HCLC, medical malpractice, limitations) Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (Guzman) (HCLC, expert report) World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)(lis pendens) Gomez v. Pasadena Health Care Management Inc. (Tex.App. - Houston [14th Dist.] Jan. 17, 2008)(Fowler) (HCLC, minor's suit, statute of limitations, open courts challenge) Justice v. State Farm Lloyds Ins. Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (Insurance coverage dispute, home owners, falling tree mold damage) Concurring Opinion by Justice Frost Justice v. State Farm Lloyds Ins. Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Edelman) (Insurance coverage dispute, home owners, falling tree mold damage) Concurring Opinion by Justice Frost Thottumkal v. McDougal (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Hedges)(frivolous suit sanctions affirmed) Concurring Opinion by Justice Edelman Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)(sj) [no opinion posted on-line] Engineer v. Engineer II Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Seymore)(family law, divorce, property division, MSA, arbitration award) Gulliver v. Shafer Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Anderson) (real estate law, sale, specific performance, rescission) Walker v. Travelers Indemnity Co. (Tex.App. - Houston [14th Dist.] Jan. 15, 2008)(Hedges) (insurance coverage, auto damage, appellate sanctions denied) In Re Wright (Tex.App.- Houston [14th Dist.] Jan 15, 2008)(Guzman)(expunction, mandamus jurisdiction over clerk found lacking, jurisdictional dismissal) Tex Star Motors, Inc. v. Regal Financial Co. (Tex.App. - Houston [14th Dist.] Jan. 10, 2008) (subst. op. on rehearing by Edelman)(breach of contract) Chrismon v. Brown (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(Suppl. maj. op. Frost)(vicarious liability, summary judgment) Dumler v. Quality Work by Davidson (Tex.App.- Houston [14th Dist.] Jan. 10, 2008) (Yates)(contractor, breach of contract, attorney's fees) Forrester v. Ginn (Tex.App.- Houston [14th Dist.] Jan. 10, 2008)(majority op. on rehearing by Hedges)(DWOP Justice Guzman dissented) |
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