Decisions of the Fourteenth Court of Appeals in Houston
August 2009
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Opinion Release Dates: August 4, 5, 6, 11, 13, 18, 20, 25, 27, ___, 2009

AUGUST 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS
IN CIVIL CASES

DETAILS FOR CASES DECIDED BY
THE FOURTEENTH COURT OF APPEALS IN AUG '09

Civil Cases Decided - Numerous Dismissals

August 27, 2009

Civil Causes Decided:

DISMISSED 8/27: Per Curiam (dismissed after bankruptcy)
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-01-00091-CV        James Mohrfeld v. Karl Lyons  
Appeal from 215th District Court of Harris County

DISMISSED 8/27: Per Curiam   (dissed after bankruptcy)
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-01-00766-CV        Lost Dog Software, Inc., and D.L. Computers, Inc. v. Field's Fast Food, Inc.  
Appeal from 164th District Court of Harris County

Durrett Development, Inc. v. Gulf Coast Concrete, LLC (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)
(Frost)(
real estate transaction, lease law, lease with purchase option, right of first refusal,
declaratory judgment)
AFFIRMED: Opinion by
Justice Frost   
Before Justices Frost, Brown and Boyce  
14-07-01062-CV  Durrett Development, Inc. v. Gulf Coast Concrete, LLC  
Appeal from 23rd District Court of Brazoria County
Trial Court Judge: Ben Hardin

Pues v. Veterans of Foreign Wars Post No. 8246  (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Brown)
(
JNOV affirmed, jury verdict disregarded)(no liability for personal injuries sustained in tree cutting
accident
, employee or independent contractor, control over details of work)
AFFIRMED: Opinion by
Justice Brown   
Before Justices Frost, Brown and Boyce  
14-08-00333-CV  Harold Randall Pues v. Veterans of Foreign Wars Post No. 8246  
Appeal from 260th District Court of Orange County
Trial Court Judge: Judge Buddie J Hahn

Rapid Settlements Ltd. v. Allstate Settlement Corp. (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(per
curiam) (
order confirming arbitration award set aside in bill of review proceeding, interlocutory order
vacating the prior confirmation judgment did not adjudicate the validity of the award, was not final, and
was not appealable in the absence of statutory authorization) DISMISSED 8/27: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00394-CV  Rapid Settlements LTD v. Allstate Settlement Corporation, Allstate Life Insurance
Company, and Andino Ward  
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

HCAD v. Nunu (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Seymore)(HCAD appeal,
homestead exemption reduced pro rata for business use of home as law office)
(
case submitted on agreed facts)
REVERSED AND RENDERED: Opinion by
Justice Seymore   
Before Justices Seymore, Brown and Sullivan  
14-08-00528-CV   Harris County Appraisal District and Harris County Appraisal Review Board
v. Paul E. Nunu  Appeal from 151st District Court of Harris County
Trial Court Judge:
Caroline Elizabeth Baker

DISMISSED 8/27: Per Curiam  (dismissed per settlement agreement)
Before Justices Brock Yates, Frost and Brown  
14-08-00974-CV        Sumit Malhotra and Phillip Kevin Hill v. M-I, L.L.C.,  
Appeal from 280th District Court of Harris County

DISMISSED 8/27: Per Curiam   (motion to dismiss filed by appellant)
Before Justices Anderson, Guzman and Boyce  
14-09-00174-CV        In the Interest of N.W.B and E.T.B  
Appeal from 245th District Court of Harris County

DISMISSED 8/27: Per Curiam  (case settled after mediation was ordered)
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00175-CV        Susan Smith v. Artisan, Inc.  
Appeal from 190th District Court of Harris County

DISMISSED 8/27: Per Curiam  (no brief filed)  
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00232-CV  Alice Wellman Daniels v. Sandra G. Wall  
Appeal from 412th District Court of Brazoria County

DISMISSED 8/27: Per Curiam  (motion to dismiss by appellants)  
Before Justices Anderson, Guzman and Boyce  
14-09-00381-CV        Bhagvat Patel and Roger Dale Management, LLC v. Ronnie Sam Patel and
Houston Motel Investment Group, L.L.C.  
Appeal from 157th District Court of Harris County

DISMISSED 8/27: Per Curiam  (appellant's motion to dismiss granted)  
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00463-CV        Ana Cecilia Quiros Calero, Edgar Leiva Leiva, Wiberto Gomez Lopez, Rebeca
Acuna Molina, Yairicia Bermudez Nunez, Yalile Calderson Palma, Yenifer Ortega Salazar and Elizabeth
Calvo Solis v. Brenntag Latin America, Inc. Brenntag Group GmbH; and Quimicos Holanda  
Appeal from 295th District Court of Harris County

DISMISSED 8/27: Per Curiam  (appeal dismissed as moot)  
Before Justices Anderson, Guzman and Boyce  
14-09-00605-CV        In Re Gerald J. Durden  
Appeal from 248th District Court of Harris County

DISMISSED 8/27: Per Curiam  (agreed motion to dismiss to effectuate settlement)  
Before Justices Anderson, Guzman and Boyce  
14-09-00615-CV        Katherine Smith and Dickson Smith v. Medtronic  
Appeal from 127th District Court of Harris County

DISMISSED 8/27: Per Curiam  (appellant requsted dismissal, case settled)  
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00709-CV        Shipcare International, Inc. v. Keller Krash Kushions, Inc d/b/a Contractors
Barricade Service and Ralph R. Keller III  Appeal from 113th District Court of Harris County

DISMISSED 8/27: Per Curiam  (appellants' motion to dismiss granted)  
Before Justices Anderson, Guzman and Boyce  
14-09-00714-CV        Grand Tour Productions, Inc. dba Bareback Inn and Gene Earl Grant v. Scottsdale
Insurance Company  Appeal from 61st District Court of Harris County

DISMISSED 8/27: Per Curiam  (dismissed after bankruptcy)  
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-99-01171-CV        Alastair J. Turner v. Tubacex, Inc. and Tubacex  
Appeal from
151st District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Sullivan   
Before Justices Seymore, Brown and Sullivan  
14-04-00108-CR        Quindarle Daray Batts v. The State of Texas  
Appeal from 351st District Court of Harris County

AFFIRMED: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-08-00545-CR        Timothy Lewis Wade v. The State of Texas  
Appeal from 179th District Court of Harris County

DISMISSED 8/27: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-09-00576-CR        The State of Texas v. Penny Rae Sage  
Appeal from 400th District Court of Fort Bend County

August 25, 2009

Civil Causes Decided:

Cantu v. Maher (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)(Seymore) (finding of discovery abuse,  
case groundless and brought in bad faith and for the purpose of harassment)(motion for Frivolous and
Groundless Appeal and Motion To Dismiss and Motion for Sanctions are overruled)
AFFIRMED: Opinion by
Justice Charles Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-00584-CV  Tony Cantu v. John E. Maher, Thomas Tollett, and Tommy's Seafood Steakhouse   
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle

Ross v. Union Carbide Corp. (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (en banc opinion by
Guzman) (survivors'
asbestos claims for exemplary damages and loss of consortium barred by release
signed by worker prior to his death)
AFFIRMED: Opinion by
Justice Eva Guzman    
Before Price, Chief Justice Hedges, Justices Brock Yates, Anderson, Frost, Seymore, Guzman, Brown
and Sullivan  
14-07-00860-CV Marjorie Ross, Joan Seelback, Timothy R. Ross, James R. Ross, Billy R. Ross and
Robert R. Ross v. Union Carbide Corporation   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Lamar McCorkle
Concurring Opinion by Justice Frost in Marjorie Ross, Joan Seelback, Timothy R. Ross, James R.
Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (no point in en banc review)  
Concurring Opinion by Senior Justice Price in Marjorie Ross, Joan Seelback, Timothy R. Ross,
James R. Ross, Billy R. Ross and Robert R. Ross v. Union Carbide Corporation  (disagreeing with
supreme court precedent and reluctantly concurring)

Ryals v. Ogden  (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (Boyce)
(
temporary injunction appeal, multiple proceedings in different courts, unclean hands doctrine
inapplicable,
res judicata does not apply, other court did not have jurisdiction, collateral attack on prior
judgment).  
AFFIRMED: Opinion by
Justice Boyce    
Before Justices Anderson, Frost and Boyce  
14-07-01008-CV  Kenneth Ryals, Managing Trustee of East Texas Investment Trust v. Lisa Ogden,
Steven Gayle and Wayne Westbrook   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Judge (now Justice) Jeffrey V. Brown

Montgomery v. Byrd (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)(Seymore)
(
breach of contract and counterclaim, offsetting claims after dissolution of business relationship with
settlement and release; employees brought lawsuit that entailed liability for both parties)
(
directed verdict should have been granted, only attorney's fees issue for the jury to decide)
REVERSED AND REMANDED: Opinion by
Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-01015-CV  Chester Montgomery v. Richard Byrd   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

Hammer v. Wood (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(
breach of implied warranty for floor installation work, DTPA, directed verdict requested,
take-nothing judgment because
no damages proven)
AFFIRMED: Opinion by
Justice Seymore    
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-01081-CV  Gary Hammer, d/b/a Hammer Remodeling
v. Raymond Harold Wood and Stephanie Ann Wood d/b/a Flooring World   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Linda Storey

Marshall v. Ripkowski (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(motor cycle repair dispute,
mechanics lien, no-evidence summary judgment  not proper on a party's own
claim for affirmative relief)
REVERSED AND REMANDED: Opinion by
Justice Brown    
Before Justices Seymore, Brown and Sullivan  
14-08-00090-CV Vernon Marshall d/b/a Marshall Motor Sports v. Jerry Ripkowski   
Appeal from County Civil Ct at Law No 4 of Harris County
Trial Court Judge:
Roberta Anne Lloyd

Godfrey v. BP Products North America  (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(refinery explosion, siblings cannot recover under
wrongful death act, no recovery as bystanders either
as they did not witness the calamity, negligent infliction of emotional distress generally not actionable,
IIED cause of action)
AFFIRMED: Opinion by Justice Anderson    
Before Justices Anderson, Frost and Guzman  
14-08-00857-CV        Leah Godfrey and Cheri Merritt v. BP Products North America   
Appeal from 212th District Court of Galveston County
Trial Court Judge:
Susan Elizabeth Criss

Robinson v. Alief ISD (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (public employment, school law)
(
school employee record expunction dispute, lack of jurisdiction due to mootness, no declaratory
judgment on
constitutional violations that have ceased, plaintiff no longer an employee subject to alleged
unconstitutional conduct, opportunity to amend waived )
AFFIRMED: Opinion by
Chief Justice Hedges    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00949-CV Adrian Robinson v. Alief Independent School District and Louis Stoerner, In his Official
Capacity Only   
Appeal from 80th District Court of Harris County
Trial Court Judge:
LYNN M. BRADSHAW-HULL
Dissenting Opinion by Justice Frost  in Adrian Robinson v. Alief Independent School District

Nexion Health at Humble Inc v. Whitley (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(
HCLC denial of motion to dismiss affirmed, expert report adequate)
AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00052-CV Nexion Health at Humble, Inc. d/b/a Humble Healthcare Center v. Carolyn Whitley;
Clifton Kelly; Diddie Blanc; Billie Ray Kelly; and Judy Williams, Representative of the Estate of Jeanette
Blanc, Deceased   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Guzman    
Before Justices Anderson, Guzman and Boyce  
14-08-00830-CR        Jorge De La Garza v. The State of Texas   
Appeal from 174th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson    
Before Justices Anderson, Guzman and Boyce  
14-08-00932-CR        Jesus Martin Ruiz v. The State of Texas   
Appeal from 232nd District Court of Harris County

AFFIRMED: Opinion by Justice Anderson    
Before Justices Anderson, Guzman and Boyce  
14-08-00933-CR        Jesus Martin Ruiz v. The State of Texas   
Appeal from 232nd District Court of Harris County

August 20, 2009

Civil Causes Decided:

Chenault v. Banks (Tex.App.- Houston [14th Dist] Aug. 20, 2009) (Yates)
(
calculation of child support arrearage and interest, no trial court discretion)
REVERSED AND REMANDED: Opinion by
Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan  
14-07-01094-CV  Deborah Chenault f/k/a Deborah Paul v. Patricia Banks, Independent Executrix for the
Estate of Horace A. Paul Jr., Deceased   
Appeal from 246th District Court of Harris County
Trial Court Judge:
Jim York

Johnson v. UTMB Doctors and Nurses
DISMISSED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Frost and Brown  
14-08-00671-CV  R. Wayne Johnson v. UTMB Doctors and Nurses   
Appeal from 10th District Court of Galveston County
Trial Court Judge: DAVID EDWARD GARNER

DISMISSED: Opinion by Justice Brock Yates    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00925-CV  Atlas Gulf-Coast, Inc. d/b/a Atlas Foundation Repair Company v. Robert E. Stanford
and Dorothy Stanford   Appeal from 21st District Court of Washington County

The Methodist Hospital v. Shepherd-Sherman (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Yates)
AFFIRMED: Opinion by Justice Brock Yates    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-01090-CV  The Methodist Hospital ("Methodist"), Et Al. v. Beverley Shepherd-Sherman   Appeal
from 113th District Court of Harris County
Trial Court Judge: PATRICIA ANN HANCOCK

In Re Atlas Gulf-Coast Inc dba Atlas Foundation Repair (Tex.App.- Houston [1st Dist] Aug. 20,
2009)(Yates)
MOTION OR WRIT DENIED: Opinion by Justice Brock Yates    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-01155-CV  In Re ATLAS GULF-COAST INC d/b/a ATLAS FOUNDATION REPAIR   
Appeal from 21st District Court of Washington County

Virani v. Cunningham (Tex.App.- Houston [1st Dist] Aug. 20, 2009) (Boyce)
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Guzman and Boyce  
14-08-01166-CV  Aslam Virani v. Pat Cunningham   
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce  
14-09-00096-CV  In the Interest of K.W.   
Appeal from 309th District Court of Harris County

DISMISSED: Per Curiam  (per settlement)   
Before Justices Brock Yates, Frost and Brown  
14-09-00216-CV Jeffrey J. Rourke v. Jerome Benjamin Rourke   
Appeal from 10th District Court of Galveston County

DISMISSED: Per Curiam (no brief filed)
Before Justices Anderson, Guzman and Boyce  
14-09-00270-CV  Ladelle D. Davenport v. Dodeka, LLC   
Appeal from County Civil Court at Law No 1 of Harris County

In Re Taylor (Tex.App.- Houston [14th Dist.] Aug. 20, 2009)(Boyce)
MOTION OR WRIT DENIED: Opinion by Justice Boyce    
Before Chief Justice Hedges, Justices Brown and Boyce  
14-09-00548-CV In Re Ian Taylor   
Appeal from 257th District Court of Harris County
Trial Court Judge: Judge Judy L. Warne

MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00656-CV  In Re Robert V. Holland, Jr.   
Appeal from 113th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Brock Yates, Frost and Brown  
14-98-00236-CV  Howard Grant v. Steve Walton   
Appeal from 129th District Court of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-99-00085-CV  Turlak Shipping Company, Inc. D/B/A Mar-Tex Shipping and Chartering Agency v.
Trans Pack Services, Inc. and Nicanor Larreac   
Appeal from County Civil Ct at Law No 1 of Harris County

DISMISSED: Per Curiam  (abated appeal dismissed after bankruptcy proceeding terminated)
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-99-00508-CV  Fire Insurance Exchange and Farmers Insurance Exchange v. Earl S. Lilly   
Appeal from 61st District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Guzman and Boyce  
14-08-00296-CR        Giffert O'Neal Wiley v. The State of Texas   
Appeal from 185th District Court of Harris County

AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-08-00523-CR        Kenon Roberts v. The State of Texas   
Appeal from 232nd District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00557-CR        Dernarvice C. Mitchell v. The State of Texas   
Appeal from 185th District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates    
Before   
14-08-00558-CR        Dernarvice C. Mitchell v. The State of Texas   
Appeal from 185th District Court of Harris County

REVERSED AND RENDERED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00617-CR        Stanley W. Smiles v. The State of Texas   
Appeal from 241st District Court of Smith County

AFFIRMED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-08-00769-CR        Gustavo Castro v. The State of Texas   
Appeal from 337th District Court of Harris County

AFFIRMED AND REFORMED: Per Curiam    
Before Justices Anderson, Guzman and Boyce  
14-08-01083-CR        Daniel Silverand v. The State of Texas   
Appeal from 263rd District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce  
14-09-00647-CR        David J. Gallegher v. The State of Texas   
Appeal from 351st District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce  
14-09-00648-CR        David John Gallagher v. The State of Texas   
Appeal from 351st District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00682-CR        In Re Abel D. Veras v. The State of Texas   
Appeal from 337th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00683-CR        In Re Andrew Wayne Parrott   
Appeal from 208th District Court of Harris County

August 18, 2009  

Civil Causes Decided:

Forte v. Forte (Tex.App.- Houston [14th Dist.] Aug. 18, 2009)(Anderson)
(
sanctions order reversed for lack of particularity regarding basis for sanctions)
REVERSED AND REMANDED: Opinion by
Justice Anderson  
Before Justices Anderson, Guzman and Boyce
14-08-00179-CV  Barbara Jean Forte v. Joseph Wesley Forte
Appeal from 328th District Court of Fort Bend County  
Trial Court Judge: Ronald R. Pope

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Frost  
Before Justices Frost, Brown and Boyce  
14-08-00465-CR        Rodney Cantrell Turner v. The State of Texas  
Appeal from 262nd District Court of Harris County

August 13, 2009  

Civil Causes Decided:

DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce  
14-02-00975-CV  Philip Pennington and Harold Crum v. Rabie, Ahmed   
Appeal from 164th District Court of Harris County
Trial Court Judge: CAROLYN MARKS JOHNSON

DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce  
14-04-00624-CV  Danny Hilal v. Louis Gatpandan and Zenaida Gatpandan   
Appeal from
157th District Court of Harris County

DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce  
14-05-00642-CV Nga T. Pham v. Trach Van Tran   
Appeal from 306th District Court of Galveston County

Azad v. Aaron Rents, Inc. (Tex.App.- Houston [14th Dist.] Aug 13, 2009)(Seymore)
(commercial lease dispute, attorneys fees in landlord-tenant dispute)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-07-01087-CV  Hardam S. Azad and Manohar S. Mann v. Aaron Rents Inc. d/b/a Aaron Rents, Inc
d/b/a Texas Aaron Rents, Inc   Appeal from 333rd District Court of Harris County
Trial Court Judge: JOSEPH J. HALBACH

Kahre v. Martz (Tex.App.- Houston [14th Dist.] Aug. 13, 2009)(Guzman)
DISMISSED: Opinion by Justice Guzman
Before Justices Anderson, Guzman and Boyce  
14-08-00600-CV  Gordon Kahre v. Michael P. Martz, Inline Development Corporation, Inline Utilites,
L.L.C., Sugarberry Place Phase II, Ltd., MMRM, Ltd., One Martz, L.L.C., ABN Amro Mortgage Group, Inc.,
Amwest Financial, and Monopoly Appraisals   
Appeal from 133rd District Court of Harris County
Because the order he appeals is neither a final judgment disposing of all parties and claims nor an order
for which interlocutory review is authorized, we dismiss the appeal for want of jurisdiction.

In Re Coastal Nejapa, Ltd (Tex.App.- Houston [14th Dist.] Aug. 13, 2009)(Guzman)
MOTION OR WRIT DENIED: Opinion by Justice Guzman (shareholder suit)
Before Justices Anderson, Seymore and Guzman  
14-08-01127-CV  In Re Coastal Nejapa, LTD.   
Appeal from 23rd District Court of Brazoria County
Trial Court Judge: BEN HARDIN

DISMISSED: Opinion by Justice Guzman
Before Justices Anderson, Seymore and Guzman  
14-08-01136-CV Coastal Nejapa, Ltd. v. Crystal Power Company   
Appeal from 23rd District Court of Brazoria County

In Re Coastal Nejapa, Ltd (Tex.App.- Houston [14th Dist.] Aug. 13, 2009)(Guzman)
(mandamus re order appointing auditor)  
MOTION OR WRIT GRANTED: Opinion by Justice Guzman
Before Justices Anderson, Seymore and Guzman  
14-09-00239-CV In Re Coastal Nejapa, LTD   
Appeal from 23rd District Court of Brazoria County

DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Seymore and Sullivan  
14-09-00298-CV Patricia A. Tademy v. Commissoner Adelaide Horn, on behalf of Texas Department of
Aging and Disability Services   
Appeal from 280th District Court of Harris County

DISMISSED: Per Curiam
Before Justices Anderson, Guzman and Boyce  
14-09-00300-CV John R. Bellmer v. Terry Lee Bellmer   
Appeal from
246th District Court of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce  
14-07-00938-CR        Brandy Bergara v. The State of Texas   
Appeal from 212th District Court of Galveston County

AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-08-00319-CR        John Guardado Hernandez v. The State of Texas   
Appeal from County Court at Law #4 of Montgomery County

AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce  
14-08-00582-CR        Ex Parte Phuonganh Thi Le   
Appeal from County Criminal Court at Law No 3 of Harris County

AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce  
14-08-00583-CR        Ex Parte Phuong Anh Thi Le   
Appeal from County Criminal Court at Law No 3 of Harris County

AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce  
14-08-00815-CR        David James Garcia v. The State of Texas   
Appeal from County Criminal Court at Law No 10 of Harris County

AFFIRMED: Opinion by Justice Guzman
Before Justices Anderson, Guzman and Boyce  
14-08-00941-CR        John Wesley McEuen v. The State of Texas   
Appeal from County Criminal Court at Law No 2 of Harris County

AFFIRMED: Opinion by Justice Guzman
Before Justices Anderson, Guzman and Boyce  
14-08-00942-CR        John Wesley McEuen v. The State of Texas   
Appeal from County Criminal Court at Law No 2 of Harris County

AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Guzman and Boyce  
14-08-00953-CR        Tracy Richardson v. The State of Texas   
Appeal from 180th District Court of Harris County

DISMISSED: Per Curiam
Before Justices Seymore, Brown and Sullivan  
14-09-00663-CR        Stanley Creeks v. The State of Texas   
Appeal from 506th Judicial District Court of County

Opinions Released August 11, 2009

Monk v. Westgate Homeowners' Association, Inc. (Tex.App.- Houston [14th Dist.] Aug. 11, 2009)(Price)
(
motion for new trial and preservation of error for appellate review, discharge in bankruptcy as affirmative
defense required to be pleaded)
AFFIRMED: Opinion by
Senior Justice Frank C. Price, sitting by assignment    
Before Price, Justices Brock Yates and Guzman  
14-07-00886-CV Joseph Monk v. Westgate Homeowners' Association, Inc.    
Appeal from 270th District Court of Harris County
Trial Court
Judge: Brent Gamble  

Murchison v. Pham (Tex.App.- Houston [14th Dist.] Aug. 11, 2009)(Guzman)
(no negligence shown in
car collision suit, directed verdict affirmed)
AFFIRMED: Opinion by
Justice Guzman  
Before Justices Anderson, Guzman and Boyce  
14-08-00080-CV Gary Murchison v. Minh Quoc Pham   
Appeal from 80th District Court of Harris County
Trial Court
Judge: Hon. Lynn Bradshaw-Hull  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Guzman and Boyce  
14-08-00662-CR Michael E. Carter v. The State of Texas   
Appeal from 263rd District Court of Harris County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Guzman and Boyce  
14-08-00806-CR Johnny Gerald Minks v. The State of Texas   
Appeal from 400th District Court of Fort Bend County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Guzman and Boyce  
14-08-00813-CR Johnny Gerald Minks v. The State of Texas   
Appeal from 400th District Court of Fort Bend County

AFFIRMED: Opinion by Justice Guzman  
Before Justices Anderson, Guzman and Boyce  
14-08-00814-CR Johnny Gerald Minks v. The State of Texas   
Appeal from 400th District Court of Fort Bend County

August 6, 2009

Civil Causes Decided:

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-00-00603-CV  Nationwide Housing Systems, Inc. d/b/a Nationwide of Spring v. Cynthia Ann
Vanderweyst   Appeal from Co Civil Ct at Law No 2 of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-00-00689-CV Star Construction Services, Inc. v. Sembera, Fred   
Appeal from 113th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-01-00564-CV  KRV Enterprises, Inc. v. Pemarco Management Co.   
Appeal from Co Civil Ct at Law No 2 of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-06-00138-CV  Nathan E. Schwartz v. State High Yield Investment Management Corp., Inc.   
Appeal from 334th District Court of Harris County

Virginia Power Energy Marketing, Inc v. Apache Corp. (Tex.App.- Houston [14th Dist.] Aug. 6, 2009   
(Sullivan) (
dispute involving the interpretation, application and effect of force majeure provisions in a
natural-gas supply contract, contract construction, excuse for nonperformance) (fact issue precludes
summary judgment)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan   
14-07-00787-CV Virginia Power Energy Marketing, Inc and Dominion Resources, Inc v. Apache
Corporation   Appeal from 157th District Court of Harris County
Trial Court
Judge: Randy Wilson

Langston v. City of Houston (Tex.App.- Houston [14th Dist.] Aug. 6, 2009)  (Frost)   
(
bill of review denied, tax suit, failure to avail oneself of available remedies, i.e. direct appeal precludes
bill-of-review relief, claim of fundamental error rejected)
AFFIRMED: Opinion by
Justice Frost  
Before Justices Frost, Seymore and Boyce   
14-08-00063-CV  C. Dale Langston and Sue Langston v. City of Houston, Harris County, Pasadena
Independent School District and San Jacinto Community College   
Appeal from 55th District Court of Harris County
Trial Court
Judge: Jeff Brown

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown   
14-08-00395-CV  Adventures in Birds Inc. and Betty Jean Jordan v. The City of Houston, Texas   
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00049-CV  HTI Management Corporation D/B/A Hunton Specialty Products v. Letsos Company
Appeal from 11th District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-09-00301-CV  Massood Danesh Pajooh and Mansoor Danesh Pajooh v. Jeffrey Tompkins   
Appeal from Co Civil Ct at Law No 1 of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown   
14-09-00374-CV Jack Carlson v. Harris County Appraisal District and the Appraisal Review Board of
Harris County Appraisal District   Appeal from 234th District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-09-00418-CV  Dennis Duane Teeter and Dennis D Teeter, P.C. v. Federated Financial Corporation
of America   Appeal from 151st District Court of Harris County

DISMISSED: Per Curiam  
Before Justice Sullivan   
14-09-00495-CV  Mary Riggins v. Ronald E. Hill and Linda C. Hill   
Appeal from 412th District Court of Brazoria County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00511-CV Cletus Graves, Wiley Kimbell, Dwain Woody, Douglas Corley and The Underwriters
Group, Inc., a Florida Coporation v. Galloway, Johnson, Tompkins, Burr & Smith, A Professional Law
Corporation   Appeal from 80th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Brock Yates, Frost and Brown   
14-09-00572-CV  Wendell Rychlik v. Lone Star Striping & Paving LLC   
Appeal from 270th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-09-00585-CV American Pools of Houston, Inc. v. Dan Milom and Cheryl Milom d/b/a Elite Concrete
Designs and Elite Concrete and Designs Wholesale   
Appeal from 334th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-98-00771-CV  Issac Pasol v. Peter C. Gilman, Et Al.   
Appeal from County Court at Law No 2 of Cameron County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan   
14-98-00772-CV  Pasol, Issac v. Gilman, Peter C., Et Al.   
Appeal from County Court at Law No 2 of Cameron County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-99-01331-CV Cynthia Jackson v. Living Center of Texas   
Appeal from County Court at Law No 1 of Brazos County

Criminal Causes Decided:

AFFIRMED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-07-01046-CR        Debra Elaine Maxwell v. The State of Texas   
Appeal from 351st District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-08-00293-CR        Jonathan Marcel Silva v. The State of Texas   
Appeal from 400th District Court of Fort Bend County

AFFIRMED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-08-00545-CR        Timothy Lewis Wade v. The State of Texas   
Appeal from 179th District Court of Harris County

AFFIRMED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-08-00716-CR        Daniel Wayne Tidwell v. The State of Texas   
Appeal from 241st District Court of Smith County

AFFIRMED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-08-01117-CR        Ex Parte Fred Alexander Avant   
Appeal from 208th District Court of Harris County

AFFIRMED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan   
14-08-01144-CR        Ernest Gerald Dorsey v. The State of Texas   
Appeal from 122nd District Court of Galveston County

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-09-00551-CR        Jose Morquecho 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   
14-09-00627-CR        In Re Lawrence McQueen v. The State of Texas   
Appeal from 180th District Court of Harris County

August 5, 2009

Civil Causes Decided:

Criminal Causes Decided:

MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-09-00675-CR        In Re: Ena Jane Draycott  
Appeal from 185th District Court of Harris County

August 4, 2009

Civil Causes Decided:

Langhorne v. Miller (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore) (conversion of aircraft,
proof of conversion damages, market value, owner may testify, quantum meruit claim fails)
AFFIRMED: Opinion by
Justice Seymore  
Before Justices Seymore, Brown and Sullivan
14-08-00081-CV Danny Langhorne v. Kay M. Miller   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey

Office Buildings of Houston, Inc. v. Newman (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Frost)
(
dispute over the amount of commission owed as a result of a real estate transaction, contract
construction)
AFFIRMED: Opinion by
Justice Anderson  
Before Justices Anderson, Guzman and Boyce
14-08-00173-CV Office Buildings of Houston, Inc v. Carlton B. Newman   
Appeal from 215th District Court of Harris County
Trial Court Judge:
LEVI JAMES BENTON

Rosemond v. Al-Lahiq, MD (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Seymore)
(
med mal suit, untimely, insufficient expert report, presumption of receipt based on service pursuant to
Rule 21a and rebuttal of presumption by controverting affidavit of nonreceipt)
AFFIRMED: Opinion by
Justice Frost  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00550-CV  Ulysses L. Rosemond v. Maha Khalifa Al-Lahiq, M.D.   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
LAMAR MCCORKLE

North Cypress Med. Ctr. Operation Co, Ltd. v. Laurent, MD (Tex.App.- Houston [14th Dist.] Aug. 4,
2009)(Sullivan) (
interlocutory appeal of temporary injunction, no irreparable damages shown, temporary
injunction dissolved by court of appeals)(partnership dispute)
REVERSED AND REMANDED: Opinion by
Justice Sullivan  
Before Justices Seymore, Brown and Sullivan
14-09-00204-CV North Cypress Medical Center Operating Company, Ltd. and North Cypress Operating
G.P. LLC v. Matthew St. Laurent, M.D   
Appeal from 333rd District Court of Harris County
Trial Court Judge:
JOSEPH J. HALBACH

In Re North Cypress Medical Center Operating Company, Ltd (Tex.App.- Houston [14th Dist.] Aug. 4,
2009)(Sullivan)(
mandamus granted to vacate order requiring funds to be paid into the registry of the
court, criteria for such order not satisfied)
MOTION OR WRIT GRANTED: Opinion by
Justice Kent Sullivan  
Before Justices Seymore, Brown and Sullivan
14-09-00289-CV In Re North Cypress Medical Center Operating Company, Ltd. and North Cypress
Medical Center Operating Company GP, LLC   
Appeal from
333rd District Court of Harris County

Criminal Causes Decided Aug. 4, 2009

AFFIRMED: Opinion by Justice Frost  
Before Justices Frost, Brown and Boyce
14-08-00078-CR        The State of Texas v. Matthew Oscar Wolf   
Appeal from County Criminal Court at Law No 8 of Harris County

AFFIRMED: Opinion by Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan)
14-08-00413-CR        Solomon Guiffre Garrett v. The State of Texas   
Appeal from County Criminal Court at Law No 4 of Harris County   
Judges
Chief Justice
Hedges
Justice Yates
Justice Anderson
Justice Brown
Justice Sullivan
Justice Fowler (former)
Justice  Boyce
Justice Frost
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