| Decisions of the Fourteenth Court of Appeals in Houston June 2009 |
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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 |
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