Decisions of the Fourteenth Court of Appeals in Houston
June 2009
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Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
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Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman
80th  Judge Lynn Bradshaw-Hull (former)
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157th   Judge Randall Wilson
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164th   Judge Martha Hill Jamison (former)
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165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
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190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
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280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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Opinion Release Dates: June 2, 4, 9, 11, 12, 16, 18, 23, [24], 25, 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 June 30, 2009

Civil Causes Decided:

Lowe's Home Centers Inc. v. GSW Marketing, Inc. (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (op. by
Guzman) (
workplace safety, premises liability-store - falling merchandise, negligent activity and premises
liability, premises defect,
worker compensation subrogation)
AFFIRMED: Opinion by
Justice Eva Guzman    
Before Justices Brock Yates, Guzman and Sullivan  
14-07-00953-CV Lowe's Home Centers Inc & Natasha Tanner v. GSW Marketing, Inc. f/k/a Salesmaker,
Inc. d/b/a CSA Services Southwest and Snow Mountain Construction, Inc  
Appeal from 333rd District Court of Harris County
Trial Court
Judge: JOSEPH J. HALBACH  

Credigy Receivables, Inc v. Mahinay (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (op. by Guzman)
(
county court had jurisdiction over suit to confirm arbitration award regardless of whether TAA or FAA
applied)(dismissal reversed)  
REVERSED AND REMANDED: Opinion by
Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan  
14-07-01091-CV Credigy Receivables, Inc v. Alexander R. Mahinay  
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court
Judge: R. Jack Cagle

Zamarripa v. Zamarripa (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (op. by Boyce)
(
divorce property law, dispute over characterization and division of retirement benefits, separate vs.
community property, presumption of community property not rebutted, QDRO)
AFFIRMED: Opinion by
Justice Boyce    
Before Justices Anderson, Guzman and Boyce  
14-08-00083-CV Jimmy Zamarripa v. Syliva C. Zamarripa  
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: ROBERT J. KERN  

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Guzman and Boyce  
14-07-00827-CR Damien Lorenzo Green v. The State of Texas  
Appeal from 434th Judicial District Court of Fort Bend County

AFFIRMED: Opinion by Justice Brock Yates    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00386-CR Justin Andrew Kostura v. The State of Texas  
Appeal from 263rd District Court of Harris County

CONCURRING: Concurring Opinion by Justice Sullivan    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00386-CR Justin Andrew Kostura v. The State of Texas  
Appeal from 263rd District Court of Harris County

AFFIRMED: Opinion by Justice Sullivan    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00407-CR Shane Latrell Sam v. The State of Texas  
Appeal from 248th District Court of Harris County

AFFIRMED: Opinion by Justice Sullivan    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00476-CR Justin Glen McTier v. The State of Texas  
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Guzman    
Before Justices Brock Yates, Guzman and Sullivan  
14-08-00659-CR Safety National Casualty Corporation Agent: Shaun Barkley Burns  v. The State of
Texas  
Appeal from 184th District Court of Harris County

Opinions Released June 25, 2009

Civil Causes Decided:

Cunningham Lindsey Claims Management, Inc. v. Snyder (Tex.App. - Houston [14th Dist.] Jun. 25, 2009)
(Guzman) (
workers compensation dispute, judicial review suits, exhaustion of administrative remedies)
VACATED AND DISMISSED: Opinion by
Justice Eva M. Guzman     
Before Justices Brock Yates, Guzman and Sullivan   
14-07-00449-CV Cunningham Lindsey Claims Management, Inc., and Glenda Higgins v. Lloyd Snyder   
Appeal from 215th District Court of Harris County
Trial Court
Judge: LEVI JAMES BENTON  

Christus Health v. Kone, Inc. (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Brown)
(
fraud and fraud-in-the-inducement claims relating to a contract for elevator-maintenance services,
one-satisfaction rule does not apply here, pleading sufficiency, special exceptions, affidavit found to be
conclusory)
AFFIRMED: Opinion by
Justice Brown
Before Justices Anderson, Frost and Brown
14-07-00786-CV Christus Health and Christus Health Gulf Coast v. Kone, Inc
Appeal from 127th District Court of Harris County
Trial Court
Judge: Sharolyn P. Wood  

In Re CMD (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Yates)
(
paternity, nonpaternity, adoption: constitutionality of paternity registry statute)
Decision: TRIAL COURT REVERSED AND CASE  AND REMANDED:
Opinion by
Justice Leslie Brock Yates     
Panel members: Before Chief Justice Hedges, Justices Brock Yates and Guzman   
14-08-00113-CV In Re C.M.D.   
Appeal from 328th District Court of Fort Bend County
Trial Court Judge: Ronald R. Pope  

Sandhu v. Pinglia Investments of Texas, LLC (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Seymore)
(
commercial real estate transaction: financing of purchase of shopping center, suit for breach of
promissory note, summary judgment procedure, sufficiency of summary judgment response,  affirmative
defenses not properly asserted in response to Plaintiff's motion, proof of balance due and damages in
note suit),
Decision: TRIAL COURT'S SUMMARY JUDGMENT AFFIRMED: Opinion by
Justice Charles Seymore     
Panel members: Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00184-CV Raghbir Sandhu v. Pinglia Investments of Texas, LLC and Sumer Pinglia  
Appeal from 164th District Court of Harris County
Trial Court
Judge: MARTHA HILL JAMISON  

Red Rock Properties 2005, LTD v. Chase Home Finance, LLC (Tex.App.- Houston [14th Dist.] Jun. 25,
2009)(Hedges)(priority of
competing liens on real property, attorney’s fees under the UDJA,
preservation of error re: segregation of attorney's fees)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED
Opinion by
Chief Justice Adele O. Hedges     
Panel members: Chief Justice Hedges, Justices Anderson and Seymore   
14-08-00352-CV Red Rock Properties 2005, LTD v. Chase Home Finance, LLC   
Appeal from 189th District Court of Harris County
Trial Court
Judge: William R. Burke JR.  

Foundation Design, Ltd. v. Barzoukas (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
(
mootness doctrine, motion to dismiss appeal)
DISMISSED: Opinion by
Justice Eva Guzman     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00485-CV Foundation Design, Ltd. d/b/a Larry Smith Engineering and Larry Smith v. Nicolas
Barzoukas   
Appeal from 269th District Court of Harris County
Trial Court
Judge: John Thomas Wooldridge  

Labidi, MD v. Sydow, 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
(
consolidation of an interlocutory appeal and a petition for writ of mandamus, challenge to district court's
order compelling arbitration and staying proceedings in the trial court fails)(unconscionabiltiy argument
rejected re
arbitration of attorney-client disputes)(public policy arguments overruled)
DISMISSED: Opinion by
Justice Eva Guzman     
Panel members: Justices Guzman, Mirabal and Boyce   
14-08-00527-CV Abdel Hakim Labidi, M.D. Ph.D. v. Michael D. Sydow, Et Al   
Appeal from
61st District Court of Harris County   

In re Labidi, M.D., 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
MOTION OR WRIT DENIED: Opinion by
Justice Eva Guzman     
Panel members: Justices Guzman,
Mirabal and Boyce   
14-08-00757-CV In Re Abdel Hakim Labidi, M.D., PH.D.   
Appeal from 61st District Court of Harris County
Trial Court
Judge: Hon. John Donovan  

DISMISSED: Per Curiam     
Panel members: Justices Frost, Brown and Boyce   
14-08-00759-CV Asia Chemical Corporation, Inc. v. John Chung, Joey Chung, Manshao Chung,
Individually and as the Representative of the The Estate of Bitar Chung   
Appeal from
281st District Court of Harris County

Freeman v. Freeman (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by
Justice Eva Guzman     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00800-CV John Freeman v. Patrick Freeman   
Appeal from 164th District Court of Harris County
Trial Court Judge:
Martha Hill Jamison  

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Justices Frost, Brown and Boyce   
14-08-00946-CV In Re Asia Chemical Corporation, Inc.   
Appeal from 281st District Court of Harris County
Trial Court Judge:
David J. Bernal  

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-08-00999-CV Sinclair Contractors Incorporated v. Labor Ready   
Appeal from
165th District Court of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Justices Anderson, Guzman and Boyce   
14-09-00047-CV F&Z Business, Et Al v. Afisco Interests, LLC   
Appeal from
County Civil Court at Law No 2 of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
Decision: TRIAL COURT REVERSED AND JUDGMENT RENDERED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00073-CV Texas Department of Public Safety v. P.J.K.   
Appeal from 278th District Court of Walker County [judge not identified by name)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00106-CV Jon Kahn v. Baker Nissan North, Inc. D/B/A Baker-Jackson Nissan North   
Appeal from
189th District Court of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00160-CV John Kinds v. City of Houston and Police Officer William Hayden   
Appeal from 281st District Court of Harris County
Trial Court Judge: TRACY KEE CHRISTOPHER  (not the presiding judge of the 281st DC)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00193-CV Helene E. Holt and Byron K. Robinson v. Willie and Ida McQueen   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith  

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
MOTION OR WRIT DENIED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00234-CV In Re John Kahn   
Appeal from 189th District Court of Harris County
Trial Court
Judge: William R. Burke JR.  

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DENIED AS MOOT: Per Curiam     
Panel members: Justices Brock Yates, Guzman and Sullivan   
14-09-00360-CV In Re Cunningham Lindsey Claims Management Inc., and Glends Higgins   
Appeal from 215th District Court of Harris County (judge not disclosed on docket)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00361-CV Gabriel B. Darby v. Patriot EMS Service and Waller County EMS   
Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Shadwick  

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00382-CV Juan Moreno and Yadira Ramirez v. Hawkins Insurance, Et Al   
Appeal from
County Civil Court at Law No 3 of Harris County

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00385-CV Mark Edwin Burns v. Corinna Marquez Burns   
Appeal from 247th District Court of Harris County (name of judge omitted from appellate docket)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00389-CV In Re Michael Kennedy   
Appeal from 334th District Court of Harris County (judge not identified on docket)

(Tex.App.- Houston [14th Dist.] Jun. 25, 2009)
DISMISSED: Per Curiam     
Panel members: Justices Anderson, Guzman and Boyce   
14-09-00422-CV Epernay Community Association, Inc. v. Saad Shaar and Jeanette Shaar   
Appeal from 270th District Court of Harris County
Trial Court
Judge: Brent Gamble  

Criminal Causes Decided:

Decision: AFFIRMED: Opinion by Justice Frost     
Panel members: Justices Frost, Brown and Boyce   
14-07-00252-CR Kizzy Tennille Williams v. The State of Texas   
Appeal from 268th District Court of Fort Bend County

Decision: AFFIRMED: Opinion by Justice Seymore     
Panel members: Justices Brock Yates, Seymore and Boyce   
14-08-00011-CR Kenneth Ray Strickland v. The State of Texas   
Appeal from 122nd District Court of Galveston County

Decision: AFFIRMED: Opinion by Justice Boyce     
Panel members: Justices Frost, Brown and Boyce   
14-08-00297-CR Dennis Lamar Anders v. The State of Texas   
Appeal from 184th District Court of Harris County

Decision: AFFIRMED: Opinion by Justice Eva Guzman     
Panel members: Justices Brock Yates, Guzman and Sullivan   
14-08-00431-CR Sheldon Smith v. The State of Texas   
Appeal from 185th District Court of Harris County

Decision: AFFIRMED: Opinion by Justice Eva Guzman     
Panel members: Justices Brock Yates, Guzman and Sullivan   
14-08-00432-CR Sheldon Smith v. The State of Texas   
Appeal from 185th District Court of Harris County

Decision: AFFIRMED: Opinion by Justice Boyce     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00722-CR Manuel Becerra-Campos v. The State of Texas   
Appeal from County Court at Law No 1 of Smith County

DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00316-CR Brittney Belise Heckard v. The State of Texas  
Appeal from 268th District Court of Fort Bend County

DISMISSED: Per Curiam     
Panel members: Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00331-CR Geoffrey Scott Gunter v. The State of Texas   
Appeal from County Court at Law No 2 of Johnson County

DISMISSED: Per Curiam     
Panel members: Justices Anderson, Guzman and Boyce   
14-09-00452-CR Marcus Dixon v. The State of Texas   
Appeal from 337th District Court of Harris County

DISMISSED: Per Curiam     
Panel members: Justices Seymore, Brown and Sullivan   
14-09-00519-CR Connell Lee, Jr. v. The State of Texas   
Appeal from 185th District Court of Harris County

June 24, 2009 Released Opinion

Civil Causes Decided:

DISMISSED: Per Curiam (dismissed on appellant's motion)     
Panel members: Justices Anderson, Guzman and Boyce   
14-08-00398-CV Becky Little and Theresa Kershaw v. Charna Graber Real Estate, Inc.   
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox  

Criminal Causes Decided: None

June 23, 2009 Released Opinions

Civil Causes Decided:

FIA Card Services, NA f/k/a MBNA America Bank, NA v. Horn (Tex.App.- Houston [14th Dist.] Jun. 23,
2009)(Frost)(
suit to confirm arb award under FAA permitted in county court at law, invocation of FAA in
state court is not jurisdictionally barred)
Decision: TRIAL COURT REVERSED AND CASE  REMANDED: Opinion by
Justice Frost     
Panel members: Justices Frost, Brown and Boyce   
14-08-00024-CV FIA Card Services, N.A. fka MBNA America Bank, N.A. v. Valicia M. Horn   
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
Hon. Jack Cagle

Kazmir v. Benavides (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Anderson)(real estate litigation:
adverse possession)
Decision: TRIAL COURT'S JUDGMENT AFFIRMED: Opinion by
Justice Anderson     
Panel members: Chief Justice Hedges, Justices Anderson and Hudson   
14-08-00034-CV Adolph R. Kazmir and Ruth S. Kazmir v. Ruben A. Benavides and Sylvia Benavides   
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble

FIA Card Services v. Sweet (Tex.App.- Houston [14th Dist.] Jun. 23, 2009)(Frost)  
(
card issuer may seek confirmation of arbitration award entered under FAA in state (county) court)
Decision: TRIAL COURT REVERSED AND CASE  REMANDED:
Opinion by Justice Frost     
Panel members: Justices Frost, Brown and Boyce   
14-08-00111-CV FIA Card Services, Et Al v. Gregory R. Sweet   
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle

Criminal Causes Decided:

Decision: AFFIRMED: Opinion by Justice Seymore     
Panel members: Justices Brock Yates, Seymore and Boyce   
14-07-00647-CR Quinten Thibodeaux v. The State of Texas   
Appeal from 344th District Court of Chambers County

Decision:  AFFIRMED: Opinion by Justice Seymore     
Panel members: Justices Brock Yates, Seymore and Boyce   
14-07-00648-CR Quinten Thibodeaux v. The State of Texas   
Appeal from 344th District Court of Chambers County

Decision:  AFFIRMED: Opinion by Justice Brown     
Panel members: Chief Justice Hedges, Justices Guzman and Brown   
14-07-00841-CR Marcus Justin Kacz v. The State of Texas   
Appeal from County Criminal Court at Law No 1 of Harris County

Decision:  AFFIRMED: Opinion by Justice Seymore     
Panel members: Justices Seymore, Brown and Sullivan   
14-08-01146-CR Virgil James Jordan v. The State of Texas   
Appeal from 208th District Court of Harris County

June 18, 2000 Opinions Issued

Civil Causes Decided:

Whatley v. Walker (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Hedges)
(
PROBATE LAW: guardianship, service of process, recusal of the judge, disqualification)
Before Chief Justice Hedges, Justices Brock Yates and Brown   
AFFIRMED: Opinion by
Chief Justice Hedges   
14-06-00970-CV Dawn Johnson Whatley, Individually and as Executrix of the Estate of Perry Lee Whatley,
Deceased and Michael Easton v. Mylus James Walker, Jeanine Anderson and Robert Daniel Whatley    
Appeal from
Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood

In Interest of RCT (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Substituted Op. By Frost)
(
CHILD SUPPORT CASE: retroactive child support, child support lien, federal tax refund intercept)
AFFIRMED AS MODIFIED: Opinion by
Justice Frost    
Before Justices Anderson, Hudson and Frost   
14-07-00642-CV  In the Interest of R.C.T., L.J.T. and C.L.T.    
Appeal from 311th District Court of Harris County
Trial Court
Judge: Douglas C. Warne  

Grant, MD v. Clouser (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Boyce)
(
REAL ESTATE LITIGATION, partition of real estate, homestead rights)
REVERSED AND REMANDED: Opinion by
Justice Boyce    
Before Justices Frost, Brown and Boyce   
14-07-00789-CV  Howard Grant, M.D. v. Shawna M. Clouser and Valerie M. Jamison as the Personal
Representative of the Estate of Mark E. Jamison, Sr.    
Appeal from 11th District Court of Harris County
Trial Court
Judge: Mark Davidson

Pounds v. Jurgens (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Seymore)
(tax delinquency,
foreclosure, void judgment as to mineral royalty interest, oil gas minerals law)
AFFIRMED: Opinion by
Justice Seymore    
Before Justices Brock Yates, Seymore and Boyce   
14-07-00830-CV Pat Pounds, Alvin Community College District, Alvin Independent School District, The
City of Alvin, The City of Manvel, and Brazoria County v. Megan L. Jurgens and Judy Piper Leahy    
Appeal from 239th District Court of Brazoria County
Trial Court Judge: Patrick Edward Sebesta  

Gaskey v. One Source Security and Found (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown)
(
motor vehicle collision, school bus rear-ender accident, negligence action, negligent entrustment, denial
of
motion for new trial after jury verdict affirmed, factual sufficiency, legal sufficiency review on appeal)
AFFIRMED: Opinion by
Justice Brown    
Before Chief Justice Hedges, Justices Guzman and Brown   
14-07-00850-CV  Jed Gaskey, Individually and as Next Friend of Cassandara Gaskey and Cassandra
Gaskey v. One Source Security and Found a/k/a One Source Security and Sound and Steven Green
Smith    
Appeal from 334th District Court of Harris County
Trial Court
Judge: Sharon McCally

In the Matter of BDSD (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Frost)
(
juvenile delinquency adjudication, prostitution offense, stipulation)
AFFIRMED: Opinion by
Justice Frost    
Before Justices Frost, Guzman and Sullivan   
14-07-01079-CV In the Matter of B.D.S.D    
Appeal from 315th District Court of Harris County
Trial Court Judge: Michael H. Schneider  

Kennedy v. Steen (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Brown)
(
prisoner suit, pro se litigants, IFP litigation)(inmate suit against judges dismissed)
AFFIRMED: Opinion by
Justice Brown    
Before Justices Frost, Brown and Boyce   
14-08-00603-CV  Michael Kennedy v. Charles Steen and Detective Munniz, in their individual and official
capacity    
Appeal from 3rd District Court of Anderson County

In Interest of XCB (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Anderson)
(
termination of parental rights, nonbiological father figure, common law marriage to mother, best interest
factors, failure to preserve constitutional arguments for appeal)
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

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-08-01181-CV  Felipe Anzaldua v. Ramco Directional Drilling, Inc.    
Appeal from 190th District Court of Harris County
Trial Court Judge: Patricia J Kerrigan

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-09-00089-CV  Sergio Sellar and Guadalupe Sellar v. Brandon Boecker and Karen Boecker    
Appeal from 280th District Court of Harris County
Trial Court Judge: TONY LINDSAY

DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan   
14-09-00117-CV  Linda Ogbodu v. Pamela Goudeau    
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd

DISMISSED: Per Curiam  
Before Justices Anderson, Guzman and Boyce   
14-09-00326-CV  Trent Alvon Smith v. David Weeks, et al    
Appeal from 12th District Court of Walker County
Trial Court Judge: Hon. William L. McAdams

DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan   
14-09-00465-CV  Tom and Paula Peden v. Stephen B. Pohl    
Appeal from 149th District Court of Brazoria County
Trial Court Judge: Robert E. May

In re Strachan (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(per curiam)
MOTION OR WRIT DENIED: Per Curiam    
Before Justices Anderson, Seymore and Brown   
14-09-00527-CV  In Re James D. Strachan    
Appeal from 434th Judicial District Court of Fort Bend County
Trial Court Judge: Hugo Touchy

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Brock Yates and Seymore   
14-05-00865-CR        Curtis Lee Bass v. The State of Texas    
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Seymore    
Before Chief Justice Hedges, Justices Brock Yates and Seymore   
14-05-00866-CR        Curtis Lee Bass v. The State of Texas    
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Guzman    
Before Justices Anderson, Guzman and Boyce   
14-08-00590-CR        Richard Goddard v. The State of Texas    
Appeal from 13th District Court of Navarro County

AFFIRMED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-08-00947-CR        Von Delano Beaudion v. The State of Texas    
Appeal from 184th District Court of Harris County

AFFIRMED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-08-00992-CR        Nicholas Emere v. The State of Texas    
Appeal from Co Crim Ct at Law No 7 of Harris County

AFFIRMED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-09-00197-CR        Felipe Loya v. The State of Texas    
Appeal from 351st District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan   
14-09-00468-CR        Ronney Earl Williams v. The State of Texas    
Appeal from 184th District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Anderson, Guzman and Boyce   
14-09-00476-CR        Leonard Watkins v. The State of Texas    
Appeal from 248th District Court of Harris County

DISMISSED: Per Curiam    
Before Chief Justice Hedges, Justices Brock Yates and Frost   
14-09-00485-CR        Leonard Watkins v. The State of Texas    
Appeal from 183rd District Court of Harris County

DISMISSED: Per Curiam    
Before Justices Seymore, Brown and Sullivan   
14-09-00498-CR        Markita Mashuna Hamilton v. The State of Texas    
Appeal from 180th District Court of Harris County

June 16, 2009

Civil Causes Decided:

Gammill v. Fettner (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)
(
probate court district court concurrent jurisdiction, motion for new trial overruled)
AFFIRMED: Opinion by
Justice Kem Frost  
Before Justices Frost, Brown and Boyce
14-07-00705-CV Cecil Gammill, Jr. and Jaime Martinez v. David A. Fettner, Trustee of The Gammill Family
Trust, John Gammill, Kathleen Bungard, Laura Gammill, Janice Phillips, and Daniel Gammill
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod Walker  

Gammill v. Gammill (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)(probate court had jurisdiction)
REVERSED AND REMANDED: Opinion by
Justice Frost  
Before Justices Frost, Brown and Boyce
14-07-01013-CV Cecil Gammill, Jr. v. John Gammill, Daniel Gammill, Kethleen Gammill Bungard, Janice
Marie Gammill, Laure May Gammill, The Estate of Jackie Marie Gammill, and the Gammill Family Trust
Appeal from Probate Court No 2 of Harris County
Trial Court Judge: Michael James Wood  

Palisades Acquisition XVI, LLC v. Chatman (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Frost)
(
suit to confirm arbitration award under FAA erroneously dismissed by trial court on lack-of-jurisdiction
grounds; Harris County county court at law found to have
jurisdiction to confirm arbitration award, state-
federal concurrent jurisdiction)
REVERSED AND REMANDED: Opinion by
Justice Frost  
Before Justices Frost, Brown and Boyce
14-08-00108-CV Palisades Acquisition XVI, LLC v. Howard Chatman
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge:
R. Jack Cagle    

Bailey v. Barnhart Interest, Inc. (Tex.App. - Houston [14th Dist.] Jun. 16, 2009)(Boyce)
(
judicial estoppel under federal law)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by
Justice Boyce  
Before Justices Anderson, Guzman and Boyce
14-08-00160-CV Reginald Bailey, as Administrator of the Estate of Sheryl English, and Joseph M. Hill, as
the Trustee of the Bankruptcy estate of Sheryl English v. Barnhart Interest, Inc., L. Irvin Barnhart and Paul
F. Barnhart, Jr.--Appeal from 295th District Court of Harris County
Trial Court Judge:
Tracy Kee Christopher  

Texoma Advertising Co., LP v. The Siblings, LLC (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(Yates)
(
lease agreement for advertising disputed, actual or constructive knowledge, statute of frauds
conveyance of interest in real estate, ratification of disputed contract, acceptance of benefits under it with
knowledge of its terms)
AFFIRMED: Opinion by
Justice Brock Yates  
Before Justices Brock Yates, Guzman and Sullivan
14-08-00602-CV Texoma Advertising Co., L.P. v. The Siblings, L.L.C.
Appeal from 354th District Court of Rains County
Trial Court Judge: Judge Richard A. Beacom Jr.

In Re Sams (Tex.App.- Houston [14th Dist.] Jun. 16, 2009)(per curiam mandamus denial in crim. case)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00516-CV In Re Letha Marie Sams, Letha Sams, Estate of Viola A. Goodman and Viola Goodman
Barbara Shiner
Appeal from County Criminal Court at Law No 12 of Harris County

Criminal Causes Decided:

AFFIRMED: Opinion by Chief Justice Hedges  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00544-CR Jimmy Ray Waller v. The State of Texas
Appeal from 262nd District Court of Harris County

AFFIRMED: Opinion by Justice Anderson  
Before Justices Anderson, Seymore and Guzman
14-08-00629-CR Jabar Smith Young v. The State of Texas
Appeal from 159th District Court of Angelina County

June 12, 2009

Civil Causes Decided:

Criminal Causes Decided:

DISMISSED: Per Curiam  
Before Justices Brock Yates, Brown and Boyce
14-09-00252-CR Javaughn Cortez Partee v. The State of Texas
Appeal from 182nd District Court of Harris County

June 11, 2009

Civil Causes Decided:

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00294-CV John Palmer v. Norman Arnold
Appeal from 190th District Court of Harris County

In re Robertson, Ted Lawrence (Tex. App. - Houston [14th Dist.] Jun. 11, 200(per curiam) (mandamus
relief sought to compel trial judge to rule on motion to set aside default protective order; mandamus
petition was defective; applicant must secure ruling or establish refusal by trial court to perform ministerial
act, non-discretionary duty).
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00478-CV In Re Ted Lawrence Robertson
Appeal from
312th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam
Before
14-09-00479-CV In Re Ted Lawrence Robertson [pdf opinion]
Appeal from 247th District Court of Harris County

Criminal Causes Decided:

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00114-CR Troy Mayfield v. The State of Texas
Appeal from 228th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00115-CR Troy Mayfield v. The State of Texas
Appeal from 228th District Court of Harris County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00321-CR James A. Dobbs v. The State of Texas
Appeal from 54th District Court of McLennan County

DISMISSED: Per Curiam  
Before Justices Seymore, Brown and Sullivan
14-09-00432-CR Joe Guerrero v. The State of Texas
Appeal from 248th District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00489-CR In Re Gregory Braziel
Appeal from 208th District Court of Harris County

June 9, 2009

Civil Causes Decided:

In re McInnis (Tex.App.- Houston [14th Dist.] Jun. 9, 2009)(per curiam denial of mandamus)
MOTION OR WRIT DENIED: Per Curiam
Before Justices Seymore, Brown and Sullivan
14-09-00491-CV  In Re Janine Charboneau McInnis, D.V.M   
Appeal from
281st District Court of Harris County
Trial court judge: Honorable Sylvia Matthews, presiding judge of the 281st District Court of Harris County.

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Boyce  
Before Justices Anderson, Guzman and Boyce
14-08-00176-CR  Michael Segovia v. The State of Texas
Appeal from 182nd District Court of Harris County

June 4, 2009

Civil Causes Decided:

Texas Mutual Ins.Co. v. Morris (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by
Frost) (bad-faith claim in
worker's comp case) (loss of credit reputation requirements for proof)
AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART:
Opinion by
Justice Frost  
Before Justices Anderson and Frost
14-06-00651-CV Texas Mutual Insurance Company v. P. Lance Morris
Appeal from 11th District Court of Harris County
Trial Court
Judge: Mark Davidson

Merck & Co. v. Ernst (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Opinion on rehearing by Hedges)
(Vioxx jury judgment reversed)
REVERSED AND RENDERED: Opinion by
Chief Justice Hedges  
Before Chief Justice Hedges, Justices Anderson and Brown
14-06-00835-CV Merck & Co., Inc. v. Carol A. Ernst, Individually and as Representative of the Estate of
Robert Charles Ernst, Deceased  
Appeal from 23rd District Court of Brazoria County
Trial Court Judge: Ben Hardin

Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson)
(
consumer law dispute over car purchase)
AFFIRMED: Opinion by
Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Seymore  
14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford
Appeal from 190th District Court of Harris County
Trial Court
Judge: Patricia J Kerrigan

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00844-CV Dale Point Group LP and Scarsdale Village Shopping Center Limited 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 151st District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00341-CV In Re Max W. Blanton
Appeal from 300th District Court of Brazoria County

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Seymore  
Before Justices Seymore, Brown and Sullivan
14-08-00123-CR Coyle Thomas Jennings v. The State of Texas  
Appeal from 209th District Court of Harris County

AFFIRMED: Opinion by Justice Anderson  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00235-CR Lynn Payne Houston v. The State of Texas
Appeal from 176th District Court of Harris County

AFFIRMED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Seymore
14-08-00727-CR Terry Weldon Anderson v. The State of Texas
Appeal from 114th District Court of Wood County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00349-CR Christopher Anthony Marquez v. The State of Texas
Appeal from 178th District Court of Harris County

June 2, 2009

Civil Causes Decided:

Dowell v. Theken Spine, LLC (Tex. App. - Houston [14th Dist.] Jun. 2, 2009)(Yates)
(
notice of hearing on  motion for summary judgment, motion for continuance)
AFFIRMED: Opinion by
Justice Brock Yates  
Before Justices Brock Yates, Guzman and Sullivan
14-07-00887-CV Tanya E. Dowell v. Theken Spine, L.L.C
Appeal from 129th District Court of Harris County
Trial Court
Judge: Samuel Grant Dorfman

Criminal Causes Decided:

AFFIRMED: Opinion by Justice Hudson  
Before Chief Justice Hedges, Justices Hudson and Frost
14-08-00442-CR Robert Terrance Dunn v. The State of Texas  
Appeal from 262nd District Court of Harris County

MOTION OR WRIT DENIED: Per Curiam  
Before Justices Anderson, Guzman and Boyce
14-09-00448-CR In Re Fred Carl Dittman, III
Appeal from 232nd District Court of Harris County

DISMISSED: Per Curiam  
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-09-00466-CR In Re Ronald Clifton Word
Appeal from 178th 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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