Decisions of the Fourteenth Court of Appeals in Houston
July 2009
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Opinion Release Dates: July 2, 7, 9, 14, 16, 21, 23, 28, 30, 2009

JUNE 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS
IN CIVIL CASES

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

Released Opinions

July 30, 2009 <-- Click date to go to court's docket

Civil Causes Decided:

Patton v. Patton (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal of appeal after
conclusion of bankruptcy and notice to parties; bankruptcy stay was in effect)
DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce  
14-05-00803-CV  Laura A. Patton v. Jimmy R. Patton   
Appeal from
246th District Court of Harris County

Robertson v. Barnes (Tex.App.- Houston [14th Dist.] July 30, 2009)(Sullivan)
(home owner,
consumer law, DTPA, home in poor condition, stucco problem, seller was not required to
disclose prior water damage because repair was not "structural" which the court construes as referring to
load-bearing)
AFFIRMED: Opinion by
Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00791-CV  Chris Robertson v. Joe Barnes and Sandion, Ltd d/b/a Coldwell Banker United,
Realtors   
Appeal from 280th District Court of Harris County
Trial Court
Judge: TONY LINDSAY

Martinez v. Donisi (Tex.App.- Houston [14th Dist.] July 30, 2009)(Frost)(inheritance dispute, probate law,
dispute re money alleged to have been held in trust for grandchild, claims of alleged violations of the
Texas Theft Liability Act, conversion of money, breach of fiduciary duty, and fraud) (summary judgment
based on limitations reversed, accrual date not proven)(multiple appeals)(summary judgment based on
limitations reversed, movant did not prove accrual date)
REVERSED AND REMANDED: Opinion by
Justice Frost  
Before Justices Frost, Brown and Boyce  
14-08-00166-CV  Jaime Martinez v. Philip Donisi, Independent Executor of the Estate of Jackie Marie
Gammil   
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood

Nogle & Black Aviation, Inc. v. Faveretto (Tex.App.- Houston [14th Dist.] July 30, 2009)(Suppl. op. on
rehearing by Yates) Suppl. op. on rehearing by Yates) (
documents only attached to brief but not part of
record not to be considered, absence of findings of facts and conclusions of law, basis for exercise of
personal jurisdiction)(case with multiple appeals)
OVERRULED: 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, Americo Migliori as Administrator of the Estate
of Peitro Foster Migliori   
Appeal from
Probate Court No 1 of Harris County
Trial Court Judge: RUSSELL P. AUSTIN

In Interest of XCB (Tex.App.- Houston [14th Dist.] July 30, 2009)(Subst. op. by Anderson)  
(
termination of parental rights, intervenor, effect of paternity testing, Holley v. Adams best  interest
factors), appointment of DFPS as sole managing conservator)  
AFFIRMED: Opinion by
Justice Anderson  
Before Justices Anderson, Guzman and Boyce  
14-08-00851-CV  In the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W.   
Appeal from 315th District Court of Harris County
Trial Court Judge: MICHAEL H. SCHNEIDER

Perry v. Perry (Tex.App.- Houston [14th Dist.] July 30, 2009)(dismissed per curiam)
(failure to pay filing fee, no clerk's record)
DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00505-CV  Jacqueline P. Perry v. Randolph Perry   
Appeal from
County Civil Court at Law No 2 of Harris County

Swabb v. Swabb (Tex.App.- Houston [14th Dist.] July 30, 2009)(per curiam dismissal)
(
dismissed on account of failure to pay for record on appeal)
DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce  
14-09-00545-CV  David Swabb v. Janie Guerra Swabb   
Appeal from
246th District Court of Harris County

Criminal Causes Decided July 30, 2009  

AFFIRMED: Opinion by Chief Justice Hedges  
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-07-00781-CR  Teobaldo Figueroa Velazquez v. The State of Texas   
Appeal from 339th District Court of Harris County

AFFIRMED: Opinion by Justice Brown  
Before Justices Frost, Brown and Boyce  
14-07-01047-CR  Steven Briones v. The State of Texas   
Appeal from 178th District Court of Harris County

AFFIRMED: Opinion by Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00236-CR  Marcus Anthony Wilson v. The State of Texas   
Appeal from 178th District Court of Harris County

AFFIRMED: Opinion by Justice Boyce  
Before Justices Anderson, Guzman and Boyce  
14-08-01061-CR  My Thi Tieu v. The State of Texas   
Appeal from Co Crim Ct at Law No 12 of Harris County

July 28, 2009

Civil Causes Decided:

Larsen v. Santa Fe ISD (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Boyce) (public employment,
workers compensation retaliation, exhaustion of administrative remedies not required here)
AFFIRMED: Opinion by
Justice Boyce    
Before Justices Frost, Brown and Boyce
14-07-01038-CV Erik Larsen v. Santa Fe Independent School District   
Appeal from 10th District Court of Galveston County
Trial Court Judge: DAVID EDWARD GARNER

Grynberg v. Grey Wolf Drilling Co., LP (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Guzman)
(commercial contract dispute,
accord and satisfaction defense)(neither party established a right to
judgment as a matter of law)
REVERSED AND REMANDED: Opinion by Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan)
14-08-00101-CV Jack J. Grynberg Individually and d/b/a Grynberg Petroleum Company v. Grey Wolf
Drilling Company, L.P.   Appeal from 165th District Court of Harris County
Trial Court Judge: Elizabeth Ray

In Re Van Dyke (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(per curiam denial)
(mandamus re:
nunc pro tunc judgment) (mandate, subsequent appeals)
MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Brock Yates and Guzman
14-09-00556-CV        In Re Scott Van Dyke   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Jaclanel McFarland

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan)
14-08-00371-CR        Steven Andrew Brambila v. The State of Texas   
Appeal from 209th District Court of Harris County

AFFIRMED: Opinion by Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan
14-08-00372-CR        Steven Andrew Brambila v. The State of Texas   
Appeal from 209th District Court of Harris County

AFFIRMED: Opinion by Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan
14-08-00373-CR        Steven Andrew Brambila v. The State of Texas   
Appeal from 209th District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan
14-08-00794-CR        Sonya Nicole Marin v. The State of Texas   
Appeal from 21st District Court of Washington County

AFFIRMED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan
14-08-00803-CR        Christopher Alexander v. The State of Texas   
Appeal from 232nd District Court of Harris County

REVERSED AND REMANDED: Opinion by Justice Guzman    
Before Justices Anderson, Guzman and Boyce
14-08-00905-CR        The State of Texas v. Brian K. Dugas   
Appeal from Co Crim Ct at Law No 15 of Harris County   

July 23, 2009  

Civil Causes Decided:

Walston v. Anglo-Dutch Petroleum Int., Inc. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)
(breach of contract claim, counterclaims for
breach of fiduciary duty, conversion, estoppel, unjust
enrichment, breach of the duty of good faith and fair dealing, fraud, negligent misrepresentation,
constructive fraud,
money had and received, assumpsit, quantum meruit, and constructive trust.
AFFIRMED: Opinion by
Justice Brock Yates   
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00959-CV  Gerald M. Walston, Ben C. Morris and William L. Childress v. Anglo-Dutch Petroleum
(Tenge) L.L.C., Anglo-Dutch Petroleum International, Inc. and Scott V. Van Dyke   
Appeal from 157th District Court of Harris County
Trial Court
Judge: Randy Wilson

Beluga Chartering B.V. v. Timber S.A. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (Boyce)
(
appeal from order denying special appearance, recognition of foreign judgments)  
AFFIRMED: Opinion by
Justice Boyce   
Before Justices Anderson, Guzman and Boyce  
14-08-00311-CV  Beluga Chartering B.V. v. Timber S.A.,   
Appeal from 281st District Court of Harris County
Trial Court Judge:
David J. Bernal

Kalina v. Burns (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(Hedges)(probate law: mental capacity of
testator to convey real estate property, undue influence, void deed, claim of ,jury charge error)
AFFIRMED: Opinion by
Chief Justice Hedges   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00589-CV  Larry Kalina, Diane Kalina and Clint Kalina v. Cody Will Burns, Individually and as
Administrator of the Estate of Karen Dean Burns, Deceased   
Appeal from 12th District Court of Madison County

Boateng v. USA and Trailblazer Health Enterprises, LLC (Tex.App.- Jul. 23, 2009)
DISMISSED: Per Curiam  (
mediation ordered by court of appeals successful, joint motion to dismiss)
Before Justices Anderson, Guzman and Boyce  
14-09-00093-CV  Afuah Boateng, Johnell Sanders Fernandez, Sharon Gay, Dr. Joel S. Hochman,
Rosalind Hull, Gloria Ann Tucker and Missy L. Walker v. United States of America and Trailblazer Health
Enterprises, LLC   Appeal from 280th District Court of Harris County
Trial Court Judge:
TONY LINDSAY

DISMISSED: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00223-CV  High Lite Carribean Cultural Exchange and Development v. Chancellors Family Center  
Appeal from
County Civil Court at Law No 2 of Harris County

DISMISSED: Per Curiam (appeal dismissed, no brief filed)
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00226-CV Martin T. Franco v. N. Quarterman, Director for the Texas Deaprtment of Criminal
Justice Institutional Division   Appeal from 412th District Court of Brazoria County

DISMISSED: Per Curiam  (failure to pay appellate filing fee)  
Before Justices Anderson, Guzman and Boyce  
14-09-00413-CV  Federico Mendoza v. Edgar E. Martinez   
Appeal from
Co Civil Ct at Law No 3 of Harris County

DISMISSED: Per Curiam (accelerated appeal from an order denying a special appearance; appeal
dismissed on appellant' s request)
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00502-CV Favret, Demarest, Russo & Lutkewitte, a Professional Law Corporation v. Rimkus
Consulting Group   Appeal from
County Civil Court at Law No 3 of Harris County

In Re Johnson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam denial of mandamus)
(mandamus challenge to allegedly
void order improper, regular appeal from final judgment available)
MOTION OR WRIT DENIED: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-09-00603-CV   In Re R. Wayne Johnson   
Appeal from 122nd District Court of Galveston County (name of judge not shown)

In Re Thompson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(mandamus petition re: forwarding of
notice of appeal mooted by docketing of appeal)
DISMISSED: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-09-00604-CV In re Lawrence Edward Thompson   
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Robert Schaffer

In Re Kennedy (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam dismissal)
(mandamus petition re
free record for appeal moot)
DISMISSED: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00612-CV  In Re Michael Kennedy   
Appeal from
334th District Court of Harris County

In Re Johnson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(per curiam denial)
(allegedly
void final orders dismissing cases with prejudice are nevertheless appealable; mandamus
relief denied)(
IFP appeal, finality of order for purposes of regular appeal, mandamus criteria)
MOTION OR WRIT DENIED: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-09-00614-CV  In Re R. Wayne Johnson   
Appeal from 10th District Court of Galveston County (judge's name not on docket)

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates   
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00287-CR        Greg Ferm v. The State of Texas   
Appeal from 344th District Court of Chambers County

DISMISSED: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00907-CR        Donald Allen Shaffett v. The State of Texas   
Appeal from Co Crim Ct at Law No 4 of Harris County

AFFIRMED: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-08-00934-CR        David R. Dunnagan v. The State of Texas   
Appeal from 351st District Court of Harris County

DISMISSED: Per Curiam   
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00428-CR        Leonard Andre Watkins v. The State of Texas   
Appeal from Co Crim Ct at Law No 8 of Harris County

MOTION OR WRIT DENIED: Per Curiam   
Before Justices Seymore, Brown and Sullivan  
14-09-00611-CR        In Re Leon Harrison   
Appeal from 230th District Court of Harris County

July 21, 2009

Civil Causes Decided:

Loposer v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Yates) (tax appraisal appeal, judicial
review suit)(agreement on appraisal value of home precludes subsequent appeal)
AFFIRMED: Opinion by
Justice Brock Yates     
Before Justices Brock Yates, Guzman and Sullivan   
14-07-00956-CV Timothy C. & Leeann Loposer v. Harris County Appraisal District and The Appraisal
Review Board of Harris County Appraisal District   
Appeal from 80th District Court of Harris County
Trial Court Judge:
LYNN M. BRADSHAW-HULL  

Mid-Continent Casualty Co. v. Global Enercom Management, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21,
2009)(Anderson)(
insurance law, coverage dispute, construction of policy, applicability of exclusion,
causality analysis,
formation of contract without signature, performance by party)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-07-01006-CV Mid-Continent Casualty Company v. Global Enercom Management, Inc   
Appeal from 215th District Court of Harris County
Trial Court Judge:
LEVI JAMES BENTON  
CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Seymore     

2900 Smith, Ltd. v. Constellation Newenergy, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson)
(
sworn account, electricity service, notice of higher rate by new provider disputed, sufficiency review,
findings of facts and conclusions of law, abatement for new judge to file findings)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00061-CV 2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc.   
Appeal from 190th District Court of Harris County
Trial Court Judge:
Jennifer Elrod Walker  

Financial Freedom Senior Funding Corp. v. Horrocks (Tex.App.- Houston [1st Dist.] Jul. 21,
2009)(Anderson) (
real estate litigation, probate law, suit to quiet title, declaratory judgment, demand
note, life estate, reverse mortgages, statute of limitations for foreclosure of lien in real property, deed of
trust)
AFFIRMED: Opinion by
Justice Anderson     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00109-CV Financial Freedom Senior Funding Corp v. Michael L. Horrocks, Administrator of Estate
of Mary Edythe Mullane, Deceased   
Appeal from Probate Court No 4 of Harris County
Trial Court Judge: WM CAMERON MCCULLOCH  

BACM 2002 PBs Westpart Dr LP v. HCAD (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Frost)
(prior owner
did not have standing to bring ad valorem tax protests appeal, judicial review suit, assumed
name theory as basis for substitution of correct party rejected, no standing - no subject matter
jurisdiction).  
AFFIRMED: Opinion by
Justice Frost     
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-08-00493-CV BACM 2002 PB2 Westpark Dr LP, Houston Parkwest Place Ltd, 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 11th District Court of Harris County
Trial Court
Judge: Mark Davidson  

Martin v. State of Texas (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(per curiam)
(
dismissal of lawsuit without a hearing, dismissal with prejudice)
AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-08-01174-CV Timothy Paul Martin v. The State of Texas   
Appeal from 412th District Court of Brazoria County
Trial Court Judge: W. Edwin Denman  

In Re Kenefick (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(per curiam denial)
(
discovery order  mandamus denied)
MOTION OR WRIT DENIED: Per Curiam     
Before Justices Seymore, Brown and Sullivan   
14-09-00547-CV In Re Brian Kenefick   
Appeal from 308th District Court of Harris County
Trial Court Judge:
Judge Georgia Dempster  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brock Yates     
Before Justices Brock Yates, Guzman and Sullivan   
14-08-00062-CR Keith Chester Hill v. The State of Texas   
Appeal from 337th District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates     
Before Justices Brock Yates, Guzman and Sullivan   
14-08-00437-CR Maximus Paul v. The State of Texas  
Appeal from 180th District Court of Harris County

AFFIRMED: Opinion by Justice Brock Yates     
Before Justices Brock Yates, Guzman and Sullivan   
14-08-00439-CR Maximus Paul v. The State of Texas   
Appeal from 180th District Court of Harris County


July 16, 2009

Civil Causes Decided:

Frick v. Total Separation Solutions, LLC (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam
dismissal of temporary injunction appeal, temporary injunction moot, jury trial and stipulation to vacate TI,
order entered dissolving temporary injunction)  
DISMISSED: Per Curiam    
Before Justices Brock Yates, Guzman and Brown  
14-07-00290-CV F. Alan "Bud" Frick, Butler & Cook, Inc. d/b/a Butler and Cook, Inc. Butler and Cook
Hydraulic Center, Inc., B & C of Fort Smith, Inc. and John J. "Toby" Koprovic v. Total Separation
Solutions, LLC  
Appeal from 215th District Court of Harris County
Trial Court Judge:  
LEVI JAMES BENTON

Gentry v. HPD (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Anderson) (inmate litigation, pro se, IFP,  
dismissal of inmate suit without a hearing affirmed)(no collateral attack on criminal conviction in civil suit)
AFFIRMED: Opinion by
Justice Anderson    
Before Justices Anderson, Guzman and Boyce  
14-08-01094-CV Frankie R. Gentry v. Houston Police Department  
Appeal from 280th District Court of Harris County
Trial Court Judge:  
TONY LINDSAY

In Interest of KLB (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Hedges) (termination of parental rights,
prebirth conduct by parent,
transfer of cases between courts of appeal and precedent to follow)
AFFIRMED: Opinion by Chief
Justice Hedges    
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00061-CV In the Interest of K.L.B., a Child  
Appeal from 74th District Court of McLennan County
Trial Court Judge: [Judge not identified on appellate docket]

Argo v. Select Portfolio Servicing, Inc. (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam
dismissal)  (
no interlocutory appeal of expedited foreclosure order, home equity loans)
DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan  
14-09-00309-CV John Robert Argo v. Select Portfolio Servicing, Inc., U.S. Bank National Association, As
Trustees, Et Al.  
Appeal from 55th District Court of Harris County
Trial Court J
udge: Dion Ramos
Trial Court Case #: 2008-37488

(Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(per curiam dismissal)(nonpayment of fees)
DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan  
14-09-00411-CV  Dewayne Charleston v. Waller Independant School District  
Appeal from 151st District Court of Harris County [no trial court judge shown on appellate docket]

Midland Funding, LLC v. Chafi (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)
(per curiam dismissal per settlement;
debt suit)   
DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan  
14-09-00504-CV  Midland Funding, LLC v. Fariborz Chafi  
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith

Criminal Causes Decided:

AFFIRMED: Opinion by Chief Justice Hedges    
Before Chief Justice Hedges, Justices Hudson and Frost  
14-08-00520-CR        Alfredo Juan Tobar v. The State of Texas  
Appeal from 180th District Court of Harris County

AFFIRMED: Per Curiam  
Before Justices Anderson, Guzman and Boyce  
14-08-00542-CR        Juan Paulo Flores v. The State of Texas  
Appeal from 337th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson    
Before Justices Anderson, Guzman and Boyce  
14-08-00782-CR        Glenn Merrell v. The State of Texas  
Appeal from 182nd District Court of Harris County

AFFIRMED: Per Curiam    
Before Justices Seymore, Brown and Sullivan  
14-09-00036-CR        Joycealyn Denise Williams v. The State of Texas  
Appeal from 252nd District Court of Jefferson County

ABATE CASE:   
Before   
14-09-00124-CR        Alexander Oveal v. The State of Texas  
Appeal from 339th District Court of Harris County

Released Opinions

July 14, 2009

Civil Causes Decided:

Church v. Quick (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(Guzman)(restricted appeal, a nonresident
spouse)(Because the
trial court lacked personal jurisdiction over the nonresident spouse, the court of
appeals modifies the judgment to eliminate all relief other than the divorce and affirms the judgment as
modified.)
AFFIRMED AS MODIFIED: Opinion by
Justice Guzman    
Before Justices Anderson, Guzman and Boyce)
14-08-00131-CV Joyce Gail Church v. Kenneth Richard Quick  
Appeal from 246th District Court of Harris County
Trial Court
Judge: Jim York  

Jones v. Smith (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(real estate law: action to quiet title, not
bona fide purchaser, quantum meruit cross-claim, findings of fact and conclusions of law)
REVERSED AND REMANDED: Opinion by
Justice Guzman  
Before Justices Brock Yates, Guzman and Sullivan)
14-08-00639-CV Guy Jones v. Jeanne M. Smith and Peter A. Morgenroth  
Appeal from 405TH District Court of Galveston County
Trial Court Judge: WAYNE J. MALLIA  

In Re N.W. Enterprises, Inc. (Tex.App.- Houston [14th Dist.] Jul. 14, 2009)(per curiam) (temporary
injunction challenge brought by mandamus)
MOTION OR WRIT DENIED: Opinion by Justice Brown    
Before Justices Seymore, Brown and Sullivan)
14-09-00577-CV In Re N.W. Enterprises, Inc. d/b/a Gaslight News and Video  
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Jaclanel McFarland  

Criminal Causes Decided:

AFFIRMED AS MODIFIED: Opinion by Justice Boyce    
Before Justices Frost, Brown and Boyce)
14-08-00051-CR Desmond Jerod Grays v. The State of Texas  
Appeal from 400th District Court of Fort Bend County

July 9, 2009 {link to docket}

Civil Causes Decided:

DISMISSED: Per Curiam     
Before Justices Brock Yates, Guzman and Sullivan
14-07-01022-CV        In The Matter of Jo Ann Ortman     
Appeal from County Court at Law No 1 of Fort Bend County
Trial Court Judge: Ben "Bud" W. Childers  

DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00421-CV        Joseph Patrick Jackson v. Patrick Pope and Tina Goudeau     
Appeal from 215th District Court of Harris County
Trial Court Judge: Steven Kirkland  
Trial Court Case #: 2007-65764  

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00535-CV        Max W. Blanton v. Margaret Ann Blanton     
Appeal from 300th District Court of Brazoria County
Trial Court Judge: K. RANDALL HUFSTETLER

DISMISSED AS MOOT: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00553-CV        In Re Michael Kennedy     
Appeal from
334th District Court of Harris County

DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00578-CV        In Re Michael Kennedy     
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Brown     
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00940-CR        Keith Rochell Woods v. The State of Texas     
Appeal from 185th District Court of Harris County

AFFIRMED: Opinion by Justice Brown     
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00941-CR        Keith Rochell Woods v. The State of Texas     
Appeal from 185th District Court of Harris County

AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00559-CR        Michael Daniel Salinas v. The State of Texas     
Appeal from 174th District Court of Harris County

AFFIRMED: Opinion by Justice Frost     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00574-CR        Datrick Washington v. The State of Texas     
Appeal from 149th District Court of Brazoria County

AFFIRMED: Opinion by Justice Seymore     
Before Justices Seymore, Brown and Sullivan
14-08-00702-CR        Travis Prunty v. The State of Texas     
Appeal from 176th District Court of Harris County

AFFIRMED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00730-CR        William Dale Redwine v. The State of Texas     
Appeal from 7th District Court of Smith County

AFFIRMED: Per Curiam     
Before Justices Seymore, Brown and Sullivan
14-08-00774-CR        Steven Anthony Hanks v. The State of Texas     
Appeal from 122nd District Court of Galveston County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00434-CR        Deon Rush v. The State of Texas     
Appeal from 506th Judicial District Court of County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00453-CR        Deon Rush v. The State of Texas     
Appeal from 506th Judicial District Court of County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00460-CR        Deon Rush v. The State of Texas     
Appeal from 506th Judicial District Court of County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00462-CR        Deon Rush v. The State of Texas     
Appeal from 506th Judicial District Court of County

Released Opinions - July 7, 2009 [click link to docket]

Released Opinions

July 7, 2009

Civil Causes Decided:

The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)
(Seymore) (
INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging
wrongful payment of noncompensable injury claims within the deductible)(
insurer's duty of good faith and
fair dealings, negligent claims handling, express warranty claim, breach of warranty - elements,
conclusory affidavit)
AFFIRMED: Opinion by
Justice Seymore     
Before Justices Frost, Seymore and Guzman   
14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and
Mary Vu   
Appeal from 280th District Court of Harris County
CONCURRING: Concurring Opinion by Justice Frost (highlighting applicable binding Supreme Court
precedent)     

Anthony v. Owens (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Brown)   
(
prisoners pro se IFP suit complaining of denial of parole dismissal without opportunity to amend,
dismissal with prejudice, dismissal without evidentiary hearing)
AFFIRMED: Opinion by
Justice Brown     
Before Justices Frost, Brown and Boyce   
14-07-01077-CV Milton James Anthony v. Rissie Owens, Linda Garcia, Charles Aycock, Juanita
Gonzales, Jose Aliseda, Jane/John Doe (1   , Jane/John Doe (2      
Appeal from 412th District Court of Brazoria County

Garza v. Reed (Tex. App. - Houston [14th Dist.] Jul. 7, 2009)(Hudson) (DTPA claim against insurer of
complained-of business fails on summary judgment; misrepresentation as to insurance coverage of
buy-back guarantee)(
no-evidence summary judgment affirmed) (motion to transfer venue for
convenience)    
AFFIRMED: Opinion by
Justice Hudson     
Before Chief Justice Hedges, Justices Hudson and Frost   
14-08-00211-CV Joe M Garza, Pay Phone Owners Legal Fund, and Ernest R. Bustos v. Jack P. Reed
and Houston Surplus Lines, Inc.    
Appeal from 434th Judicial District Court of Fort Bend County

Criminal Causes Decided: Jul. 7, 2009

AFFIRMED: Opinion by Justice Brock Yates     
Before Justice Brock Yates   
14-08-00305-CR Kolade Afolabi Adeyanju v. The State of Texas    
Appeal from 232nd District Court of Harris County

AFFIRMED: Opinion by Justice Seymore     
Before Justices Seymore, Brown and Sullivan   
14-08-00717-CR Arrester Joe Smallwood v. The State of Texas    
Appeal from 217th District Court of Angelina County

CONCURRING: Concurring Opinion by Justice Sullivan     
Before Justices Seymore, Brown and Sullivan   
14-08-00717-CR Arrester Joe Smallwood v. The State of Texas   
Appeal from 217th District Court of Angelina County

MOTION OR WRIT DENIED: Opinion by Justice Sullivan     
Before Justices Seymore, Brown and Sullivan   
14-09-00517-CR In Re Orlean Ayers v. The State of Texas   
Appeal from 176th District Court of Harris County

Civil Causes Decided:

Released Opinions - July 2, 2009

Released Opinions

July 2, 2009

Civil Causes Decided:

Mallory v. Mallory (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Substituted Opinion by Brown)
(
post-judgment default judgment in child support case without proper notice to defendant was reversible
error) (objection to
affidavit based on best knowledge and belief not preserved for appellate review)
REVERSED AND REMANDED: Opinion by
Justice Jeff Brown     
Before Chief Justice Hedges, Justices Guzman and Brown  
14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of Texas   
Appeal from 310th District Court of Harris County
Trial Court Judge:
LISA A. MILLARD

Askari v. Endevco, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(breach of contract for consulting
services claim, payment in company stock in lieu of cash,
court sustained both parties' objections to parol
evidence, applicability of parol evidence rule, ambiguous and unambiguous contract provisions,
preservation of error regarding evidentiary objections).
AFFIRMED: Opinion by
Justice Seymore     
Before Justice Seymore   
14-08-00278-CV Farzad Askari v. Endevco, Inc.   
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson

Approx. $5,602 v. State of Texas (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Yates)
(
forfeiture proceeding)(discovery sanctions, death-penalty sanctions) (preservation of error for appeal)
AFFIRMED: Opinion by
Justice Brock Yates     
Before Justices Brock Yates, Guzman and Sullivan   
14-08-00359-CV Approximately $5,602.00 v. The State of Texas  
Appeal from 55th District Court of Harris County
Trial Court Judge: PUTNAM REITER

Clearview Properties, LP v. T Reit, LP (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam)
(
turnover order reversed) If the judgment underlying a turnover order is reversed, the turnover order
must also be reversed.
REVERSED AND RENDERED: Per Curiam     
Before Justices Anderson, Guzman and Boyce  
14-08-00827-CV Clearview Properties, L.P. v. T Reit, L.P.   
Appeal from 270th District Court of Harris County
Trial Court
Judge: Brent Gamble

Owens, Ed.D. v. UTHSC Houston (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(DWOP dismissal)   
(objection to
mediation on appeal sustained, but no brief filed)
DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce  
14-08-00998-CV  Emiel W. Owens, Ed.D., v. The University of Texas Health Science Center at Houston,
Lemuel Moye, M.D.; Ph.D., Ronald B. Harris, Ph.D., Ralph F. Frankowski, Ph.D., L. Kay Bartholomew,
Ed.D. MPH; and J. Kay Dunn, Ph.D.   
Appeal from
215th District Court of Harris County

Premier Towers, L.P. v. Laughlin Environmental, Inc. (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per
curiam)(unopposed motion to dismiss,
mediation successful on appeal)
DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00454-CV Premier Towers, L.P. v. Laughlin Environmental, Inc.   
Appeal from 189th District Court of Harris County
Trial Court Judge:
LEVI JAMES BENTON

In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya (Tex.App.- Houston [14th Dist.]
Jul. 2, 2009)(per curiam dismissal)
(no interlocutory appeal of denial of special appearance in family law
case)
DISMISSED: Per Curiam     
Before Chief Justice Hedges, Justices Brock Yates and Frost  
14-09-00481-CV In the Matter of the Marriage of Leticia B. Loya and Miguel Angel Loya   
Appeal from 257th District Court of Harris County
Trial Court Judge:
Judge Judy L. Warne

James v. Chang (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(per curiam dismissal on appellant's motion)
DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce  
14-09-00512-CV  David James v. Theresa Chang   
Appeal from
281st District Court of Harris County
Trial Court Judge:[judge's name not on docket

Criminal Causes Decided:

REVERSED AND REMANDED: Opinion by Chief Justice Hedges     
Before Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00703-CR        The State of Texas v. Pashko Zef Plumaj   
Appeal from 268th District Court of Fort Bend County

AFFIRMED: Per Curiam     
Before Justices Seymore, Brown and Sullivan   
14-08-00720-CR        Tony Wayne Anderson v. The State of Texas   
Appeal from 402nd District Court of Wood County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-08-00995-CR        Eric Carraway v. The State of Texas   
Appeal from 177th District Court of Harris County

AFFIRMED: Per Curiam     
Before Justices Seymore, Brown and Sullivan   
14-08-01071-CR        Leslie Garcia Mendez v. The State of Texas   
Appeal from 268th District Court of Fort Bend County

AFFIRMED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00032-CR        Mitch Alan Hockett v. The State of Texas   
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00035-CR        Romeo Johnson v. The State of Texas   
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00044-CR        Earl Collins v. The State of Texas   
Appeal from 252nd District Court of Jefferson County

AFFIRMED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00199-CR        Felipe Loya v. The State of Texas   
Appeal from 351st District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00443-CR        Jonathan Kelly v. The State of Texas   
Appeal from 337th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce   
14-09-00446-CR        Jonathan Kelly v. The State of Texas  
Appeal from 337th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00447-CR        Jonathan Kelly v. The State of Texas   
Appeal from 337th District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Anderson, Guzman and Boyce
14-09-00449-CR        Jonathan Keith Kelly v. The State of Texas   
Appeal from 337th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam     
Before Justices Anderson, Guzman and Boyce  
14-09-00546-CR        In Re Gilbert Mireles   
Appeal from 183rd District Court of Harris County

DISMISSED: Per Curiam     
Before Justices Seymore, Brown and Sullivan  
14-09-00549-CR        Ricardo Roque v. The State of Texas   
Appeal from 228th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam     
Before Justices Anderson, Guzman and Boyce  
14-09-00552-CR        In Re Dondie Fant v. The State of Texas   
Appeal from 184th District Court of Harris County
Judges
Chief Justice
Hedges
Justice Yates
Justice Anderson
Justice Brown
Justice Sullivan
Justice Fowler (former)
Justice  Boyce
Justice Frost
Justice Seymore
Justice Guzman
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