| 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 |
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