Decisions of the Fourteenth Court of Appeals in Houston
April 2009
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11th  Judge Mike Miller (2009)
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Opinion Release Dates: Apr. 2, 7, 9, 14, 16, 21, 23, 28, 30, 2009
  
APRIL 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS
IN CIVIL CASES

DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT
OF APPEALS IN APRIL 2009

April 30, 2009 <-- Click on date to go to docket with links to opinions  

Civil Causes Decided:

Stinson v. Ins. Co. of the State of Pennsylvania (Tex.App.- Houston [14th Dist.] Apr. 30, 2009)(Boyce)
extra-contractual claims against appellees the Insurance Company of the State of Pennsylvania,
Gallagher Bassett Services, Inc., and Belinda Ybarra. (
workers compensation denial of claim)
(Stinson contends the
trial court erred in dismissing her suit for want of jurisdiction based on an asserted
failure to exhaust available administrative remedies. We reverse and remand.)
REVERSED AND REMANDED: Opinion by
Justice Boyce  
Before Justices Brock Yates, Seymore and Boyce)
14-07-00698-CV Sue Ann Stinson v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 61st District Court of Harris County
Trial Court Judge:
JOHN J. DONOVAN  

Walker County Appraisal District v. Weatherford Completion and Oil Field Services
(Tex.App. - Houston [14th Dist.] Apr. 30, 2009)(per curiam)(joint motion to recall the mandate per
settlement, judgment vacated and case remanded for entry of order per settlement)
VACATED AND REMANDED: Per Curiam  
Before Justices Seymore, Brown and Sullivan)
14-08-00588-CV Walker County Appraisal District v. Weatherford Completion and Oil Field Services, A
Division of Weatherford U.S., L.P.--Appeal from 12th District Court of Walker County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost)
14-08-00712-CV Harris Line Service Co., Inc. v. Wood County Electric Cooperative, Inc.
Appeal from 402nd District Court of Wood County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan)
14-08-00777-CV Southwest Redevelopment as the Property Owners and the Property Owners v.
Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District
Appeal from 334th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00981-CV In the Interest of J.T.H.
Appeal from 313th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Sullivan
14-09-00255-CV In Re Mary Riggins
Appeal from 412th District Court of Brazoria County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00282-CV Patrick Sherard Scott v. Heather Nicole Scott
Appeal from 387th District Court of Fort Bend County

DISMISSED: Per Curiam  
Before Justices Frost, Seymore and Guzman
14-09-00388-CV In Re Ralph O. Douglas
Appeal from 257th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Anderson  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00091-CR Bryant Keith Laughlin v. The State of Texas
Appeal from County Court of Chambers County

AFFIRMED: Opinion by Justice Boyce  
Before Justices Frost, Brown and Boyce
14-08-00684-CR Charlie Tatum v. The State of Texas
Appeal from 230th District Court of Harris County

AFFIRMED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00706-CR Kenneth Wayne Colbert v. The State of Texas
Appeal from 230th District Court of Harris County

AFFIRMED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00028-CR Marvin Lee Watts v. The State of Texas
Appeal from 252nd District Court of Jefferson County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan)
14-09-00039-CR Gary Harris v. The State of Texas
Appeal from 252nd District Court of Jefferson County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00310-CR Santos Elias Gonzales v. The State of Texas
Appeal from 176th District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00347-CR In Re Ronald Dwayne Whitfield
Appeal from 174th District Court of Harris County

April 28, 2009

Civil Causes Decided:

Jackson v. Jackson (Tex.App.- Houston [14th Dist.] Apr. 28, 2009)(Guzman)
(
divorce property division, right to cross-examine)
AFFIRMED: Opinion by
Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan)
14-07-00917-CV Lottie Jackson v. Wilbert Jackson
Appeal from 310th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan
14-07-00497-CR The State of Texas v. Mark Earl Hailey
Appeal from 21st District Court of Washington County

AFFIRMED: Opinion by Justice Frost  
Before Chief Justice Hedges, Justices Brock Yates and Frost)
14-08-00010-CR Jay Everett Scurlock v. The State of Texas
Appeal from 232nd District Court of Harris County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan
14-08-00134-CR Clara Marie Allen v. The State of Texas
Appeal from 177th District Court of Harris County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan)
14-08-00605-CR Ray Davon Woodard v. The State of Texas
Appeal from 241st District Court of Smith County

AFFIRMED: Opinion by Justice Brown  
Before Justices Frost, Brown and Boyce
14-08-00618-CR Willie Earl Porter v. The State of Texas
Appeal from 159th District Court of Angelina County

AFFIRMED: Opinion by Justice Sullivan  
Before Justices Seymore, Brown and Sullivan)
14-08-00735-CR Karissa Lou Hopson v. The State of Texas
Appeal from 217th District Court of Angelina County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Guzman and Boyce
14-08-00965-CR Richard Roy Quintana v. The State of Texas
Appeal from 230th District Court of Harris County

April 23, 2009

Civil Causes Decided:

Harland v. Progressive County Mutual Ins. Co. (Tex.App.- Houston [14th Dist.] Apr. 23, 2009)(Anderson)  
(
insurance coverage, failure to pay policy premium to renew coverage)
AFFIRMED: Opinion by
Justice John Anderson  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00955-CV Charles Hartland v. Progressive County Mutual Insurance Company
Appeal from 333rd District Court of Harris County
Trial Court Judge:
JOSEPH J. HALBACH

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-08-01067-CV Cathy and James Gunderman v. Texsun Swimming Pools & Spas, Inc., Individually and
d/b/a TexSun Pools--Appeal from 334th District Court of Harris County

REVERSED AND RENDERED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-01120-CV Texas Department of Public Safety v. Robert Lancon
Appeal from 155th District Court of Austin County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00007-CV Jasbir Singh v. Allstate Property and Casuallty Insurance Company
Appeal from 190th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00081-CV USA Tax Law Center, Inc. D/B/A USA Fax Law Center, Inc. v. Glaco, Inc.
Appeal from 268th District Court of Fort Bend County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00256-CV Seven Utility Management Contractors, Ltd. and J. Andrew Associates, Incorporated v.
Michael Levy
Appeal from 55th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Sullivan
14-09-00278-CV In Re Kristofer Thomas Kastner
Appeal from 189th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00368-CV In Re Theodora Christina Costa, Roberts Penelope Costa, anf John Louis Gavrel, as
Next Friends of Louis Gavrel
Appeal from 269th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Seymore  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00568-CR John L. Newman v. The State of Texas  
Appeal from 262nd District Court of Harris County

April 21, 2009

Civil Causes Decided:

Symetra National Lif Ins. Co. v Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Apr. 21, 2009)
(Hedges) (
arbitration award vacated as violation of public policy, transfer of structured settlement
payments)
REVERSED AND RENDERED: Opinion by
Chief Justice Hedges  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00880-CV Symetra National Life Insurance Company and Symetra Life Insurance Company v.
Rapid Settlements, LTD  
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Seymore and Boyce
14-08-00068-CR Derrick Lee Tillis v. The State of Texas
Appeal from 248th District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates  
Before Justices Brock Yates, Seymore and Boyce
14-08-00317-CR Michael James Williams a/k/a Michael James Williams, Jr. v. The State of Texas  
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Price  
Before Price, Justices Brock Yates and Guzman
14-08-00515-CR Ex Parte Trudy Lynn Legrand
Appeal from Co Crim Ct at Law No 10 of Harris County

AFFIRMED: Opinion by Justice Anderson  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00616-CR Tomika Monique Ester v. The State of Texas
Appeal from 3rd District Court of Anderson County

AFFIRMED: Opinion by Justice Boyce  
Before Justices Anderson, Guzman and Boyce
14-09-00102-CR Ex Parte Linda Cox and Orville Ira Cox
Appeal from 180th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce  
Before Justices Anderson, Guzman and Boyce
14-09-00103-CR Ex parte Orville Ira Cox v. The State of Texas  
Appeal from 180th District Court of Harris County

April 16, 2009

Civil Causes Decided:

Cano v. Nino's Paint and Body Shop (Tex.App.- Houston [14th Dist.] Apr. 16, 2009)(Boyce)
(Boyce)(
admission of business records, business records affidavit, failure to disclose documentary
evidence in discovery, attorneys fees on breach of contract, presentment of claim as condition
precedent)
AFFIRMED: Opinion by
Justice Boyce  
Before Justices Frost, Brown and Boyce
14-08-00033-CV  Richard Cano v. Nino's Paint and Body Shop and Jerry Nino
Appeal from County Court at Law No 2 of Galveston County
Trial Court Judge: Judge C. G. Dibrell III

Vaughn v. Hicks (Tex.App.- Houston [14th Dist.] Apr. 16, 2009)(per curiam)
(
pro se prison inmate suit should have been dismissed without prejudice, rather than with prejudice)
AFFIRMED AS MODIFIED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00726-CV  Carlos A. L. Vaughn v. Natrenia L. Hicks, Russell D. Mittach, Jay A. North, Darron A.
Lane, Wade A. King, Jr., Joe N. Ross, Freddie M. English, and Gweldolyn J. Spurlock
Appeal from 3rd District Court of Anderson County
Trial Court Judge: Mark A. Calhoon

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-01161-CV        In the Interest of N. D. W.
Appeal from 315th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Per Curiam  
Before Justices Brock Yates, Guzman and Sullivan)
14-07-00731-CR        Arthur Chase v. The State of Texas
Appeal from 180th District Court of Harris County

AFFIRMED: Opinion by Justice Frost  
Before Justices Frost, Brown and Boyce
14-08-00417-CR  Mervyn Lopez Aldaba v. The State of Texas
Appeal from 232nd District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00229-CR        Mentrell Clay v. The State of Texas
Appeal from 228th District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00233-CR        Mentrell Clay v. The State of Texas
Appeal from 228th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00291-CR        In Re Jerry Fuller  
Appeal from 263rd District Court of Harris County

April 14, 2009

Civil Causes Decided:

Brockert v. Wyeth Pharmaceuticals, Inc. (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Brown)
(
federal preemption, product liability drugs FDA, defective design claim)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Brown   
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00445-CV Susan Brockert v. Wyeth Pharmaceuticals, Inc., Kay Lamberth, Lana Pavlesic, James
Ty, Ann Callan, and Patrick Tyrrell  
Appeal from 151st District Court of Harris County
Trial Court Judge:
Caroline Elizabeth Baker  

BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
health care liability claim, adequacy of expert report, interlocutory appeal)
DISMISSED: Opinion by
Justice Bill Boyce   
Before Justices Brock Yates, Seymore and Boyce
14-07-00962-CV Baylor College of Medicine v. Bernadette Pokluda  
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod Walker  

Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson)
(
premises liability vs. health care liability suit, characterization of claim, frivolous suit / appeal sanctions)
AFFIRMED: Opinion by
Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v.
The University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at
Galveston d/b/a John Sealy Hospital  
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia

Jackson v. Textron Fin. Corp. (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
no answer default judgment reversed, answer was on file, general vs. sworn denial and counterclaim)
REVERSED AND REMANDED: Opinion by
Justice Boyce   
Before Justices Frost, Brown and Boyce
14-07-01011-CV Robert W. Jackson v. Textron Financial Corporation and Longagribusiness LLC N/K/A
Farmtrac North America   
Appeal from 80th District Court of Harris County
Trial Court Judge:
Lynn M. Bradshaw-Hull

BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
health care liability claim, adequacy of expert report)
AFFIRMED: Opinion by
Justice Boyce   
Before Justices Brock Yates, Seymore and Boyce
14-07-01096-CV Baylor College of Medicine v. Bernadette Pokluda  
Appeal from 190th District Court of Harris County
Trial Court Judge:
Jennifer Elrod Walker  

In Interest of RCR (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Hedges)  
(
termination of parental rights, constitutional issue waived, frivolousness)
AFFIRMED: Opinion by
Chief Justice Hedges   
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00904-CV In the Interest of R.C.R., Jr., A Child  
Appeal from County Court at Law of Washington County
Trial Court Judge: Matthew Alfred Reue

Criminal Causes Decided:

AFFIRMED: Opinion by Chief Justice Hedges   
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00244-CR Matthew Joseph Collazo v. The State of Texas  
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Chief Justice Hedges   
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00613-CR Juan Fuentes v. The State of Texas  
Appeal from 114th District Court of Smith County

AFFIRMED AND
REFORMED: Opinion by Justice Anderson   
Before Justices Anderson, Guzman and Boyce
14-08-00929-CR Kenneth Andrew Robert Hyatt v. The State of Texas  
Appeal from 248th District Court of Harris County

April 9, 2009

Civil Causes Decided:

Nogle & Black Aviation, Inc. v. Faveretto (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Yates)
(
special appearance, personal jurisdiction)
AFFIRMED IN PART/REVERSED AND RENDERED:
Opinion by Justice Brock Yates  
Before Justices Brock Yates, Seymore and Boyce
14-08-00272-CV Nogle & Black Aviation, Inc. and Charles Judson Nogle v. Anna Maria Faveretto as Next
Friend of Alejandro Migliori and Mariana Migliori, Minors, AmeriCountyMigliori as Administrator of the
Estate of Peitro Foster Migliori
Appeal from
Probate Court No 1 of Harris County
Trial Court Judge: Russel P. Austin

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00588-CV Walker County Appraisal District v. Weatherford Completion and Oil Field Services, a
Division of Weatherford U.S., L.P.
Appeal from 12th District Court of Walker County

Ob-Gyn Assoc, P.A. v. McCoy (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Brown)
(
HCLC, ILA, motion to dismiss, expert report requirement)
AFFIRMED: Opinion by Justice Sullivan,
Opinion by Justice Brown, Opinion by Justice Boyce  
Before Justices Brown, Boyce and Sullivan
14-08-00762-CV Obstetrical and Gynecological Associates, P.A. v. Andre McCoy, Individually and as
Permanent Guardian of Shannon Miles McCoy, an incapacitated person
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: Rory R. Olsen

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00801-CV Olufemi Babalola v. Core Laboratories, L.P. a/k/a The Andrews Group, Int'l, Inc. a/k/a
Scott Pickford Group, and Joe Doe
Appeal from 11th District Court of Harris County
Trial Court
Judge: Mark Davidson  

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00987-CV Stephen Michael Yamin, Sr., a/k/a Steve Yamin d/b/a Yamin Motorcycles, Steve Yamin,
Jr., and Gina Purdy v. John Earl Liptrap
Appeal from
County Civil Court at Law No 2 of Harris County

DISMISSED:   
Before
14-08-01001-CV Kristofer Thomas Kastner v. The Kroger Company, Et Al.
Appeal from 189th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-08-01037-CV Mohammed Ahmed v. H. Wayne White
Appeal from 61st District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-08-01163-CV In the Interest of T.D.J. & R.S.H
Appeal from 315th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00005-CV Juan C. Aguilar v. Holly Michelle Raymond - Aguilar
Appeal from 246th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00224-CV Georgia May Collins v. Memorial Hermann Hospital System
Appeal from
County Civil Court at Law No 3 of Harris County

(Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Frost, Brown and Boyce
14-09-00287-CV In Re Jeff Rodarte
Appeal from 309th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brown  
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00802-CR Alejandro Vasquez v. The State of Texas
Appeal from 183rd District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-08-00993-CR Jesse Nava v. The State of Texas
Appeal from CountyCrim Court at Law No 2 of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00059-CR Elmer William Ward v. The State of Texas
Appeal from 54th District Court of McLennan County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00212-CR Adrian Ramirez v. The State of Texas
Appeal from 180th District Court of Harris County

April 7, 2009

Civil Cases Decided

Meehl v. Wise (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Hedges)(home owner law, real estate law,
restrictive covenants, discriminatory zoning, group community homes for mentally impaired) (NIMBY
litigation)
REVERSED AND REMANDED: Opinion by
Chief Justice Hedges   
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00592-CV Debra J. Meehl and Mark Meehl, Individually and as Officers and Agents of the
Maureen J. Meehl Bipolar/BPD Foundation, Inc., and the Maureen J. Meehl Bipolar/BPD Foundation, Inc.
v. Alfred M. Wise, Jr., Ketherine D. Wise, John P. Hundl, Donna G. Hundl, Wilmer Conner, Margie Ann
Alexander, John T. Horn, Martha G. Horn, John T. Horn, Jr., Christopher Blake Broadway, Paula Lee
Broadway, James Zimmer, Mildred Zimmer, Et Al
Appeal from 239th District Court of Brazoria County
Concurring Opinion by Justice Guzman    

In Interest of RCT, LJT, CLT (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Frost)
(
child support lien by operation of law, definition of arrearage, federal tax intercept)
AFFIRMED AS MODIFIED: Opinion by
Justice Frost   
Before Justices Anderson, Hudson and Frost
14-07-00642-CV In Interest of R.C.T., L.J.T., C.L.T.
Appeal from 311th District Court of Harris County
Trial Court
Judge: Douglas C. Warne

Mallia v. Mallia (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Yates)(judgment on mediated settlement
agreement MSA, revocation of consent, rescission, rescinding agreement prior to judgment)
AFFIRMED: Opinion by
Justice Brock Yates   
14-07-00695-CV  Sharon Fountain Mallia and Charles Christopher Mallia v. Sharon Biering Mallia
Before Justices Brock Yates, Seymore and Boyce
Trial Court Judge: Russell P. Austin

Trojacek v. Estate of Kveton (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Sullivan)
(
real estate dispute, constructive trust, cancellation of deeds, breach of fiduciary duty,
lis pendens, property transfer in expectation of marriage, lack of consideration)
AFFIRMED IN PART DISMISSED IN PART: Opinion by
Justice Sullivan   
Before Justices Brock Yates, Guzman and Sullivan)
14-07-00911-CV  Theresa Elizabeth Trojacek and Ronald David Ludwig v. Estate of Magnolia Kveton
Appeal from County Court at Law of Austin County

Richard v. Dretke (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Frost)
(
pro se litigants, IFP prisoner inmate suit dismissal, frivolous suit finding)
AFFIRMED: Opinion by
Justice Frost   
Before Justices Frost, Brown and Boyce)
14-08-00714-CV  Anthony Joseph Richard v. Douglas Dretke, Et Al.
Appeal from 349th District Court of Houston County

April 2, 2009

Civil Causes Decided:

McCloskey v. McCloskey (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Subst. op. by Hedges)
(
SAPCR divorce attorneys fees cannot be ordered as additional child support enforceable by contempt)
AFFIRMED AS MODIFIED: Opinion by
Chief Justice 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

Weissman v. Unifund CCR Partners (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Yates)
(
debt collection suit, FDCPA claim)
AFFIRMED: Opinion by
Justice Brock Yates   
Before Justices Brock Yates, Seymore and Boyce
14-07-00863-CV Janice M. Weissman v. Unifund CCR Partners Assignee of Discover
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey  

In Interest of CAB (Tex.App.- Houston [14th Dist.] Apr. 2, 2009)(Frost)
(
termination of parental rights)
AFFIRMED: Opinion by
Justice Frost   
Before Justices Frost, Brown and Boyce
14-08-00360-CV In the Interest of C.A.B
Trial Court Judge: John Phillips
Judges
Chief Justice
Hedges
Justice Yates
Justice Anderson
Justice Brown
Justice Sullivan
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