| Decisions of the Fourteenth Court of Appeals in Houston May 2009 |
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Opinion Release Dates: May 5, 7, 12, 14, 19, 21, 28, 2009 MAY 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN MAY 2009 May 28, 2009 Civil Causes Decided: Hadley v. Wyeth Laboratories, Inc. (Tex.App.- Houston [14th Dist.] May 28, 2009)(Yates) (doctor not a seller for indemnity purposes against manufacturer of medicine) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Guzman and Sullivan 14-07-01055-CV Dr. Arthur Hadley v. Wyeth Laboratories, Inc. Appeal from 269th District Court of Harris County Trial Court Judge: John Thomas Wooldridge Thomas v. Uzoka (Tex.App.- Houston [14th Dist.] May 28, 2009)(Sullivan)(auto collision liability, negligence per se defense non-use of seatbelt, proportionate responsibility, allocation of fault) AFFIRMED: Opinion by Justice Kent Sullivan Before Justices Brock Yates, Hudson and Sullivan 14-08-00182-CV Lakeisha Thomas v. Ugochi Uzoka Appeal from 125th District Court of Harris County Trial Court Judge: JOHN A. COSELLI Gonzales v. Services Lloyds Ins. Co. (Tex.App.- Houston [14th Dist] May 28, 2009)(Sullivan) (workers comp appeal, judicial review suit)(no-evidence summary judgment for carrier affirmed) AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00377-CV Thomas Gonzales v. Services Lloyds Insurance Company Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-08-00894-CV Travis Otto D/B/A Travis Enterprises/Terac Co. v. David Carp/Herzog, Carp, & McManus, P.C.--Appeal from 334th District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan) 14-09-00324-CV Paul Jeffrey Connall v. Senior Warden A.D. Caskey, Et Al Appeal from 52nd District Court of Coryell County Trial Court Judge: Hon. Phillip H. Zeigler DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00342-CV One 1998 Chrysler Sebring, Vin #3C3EL55H6WT332310 and $4,303.00 in U.S. Currency v. The State of Texas--Appeal from 25th District Court of Colorado County Trial Court Judge: The Honorable W. C. Kirkendall Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00700-CR Nicholas P. Jahanian v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00702-CR Krystal Michele Jahanian v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Chief Justice Hedges, Justices Guzman and Brown 14-07-00703-CR Cindy Lee Jahanian v. The State of Texas Appeal from 183rd District Court of Harris County 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: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-07-00945-CR Bahram Mahboub Jahanian v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Hudson 14-07-00985-CR Richard Cisneros, Jr. v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-07-01071-CR Glen Allan Shelton v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00370-CR Sherwood Thomas Gobert v. The State of Texas Appeal from 351st District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-08-00441-CR Dennis Alan Johnson v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00572-CR Hector Manuel Vega v. The State of Texas Appeal from Co Crim Ct at Law No 14 of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00591-CR Adam Edward Green v. The State of Texas Appeal from 220th District Court of Bosque County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00772-CR Hector Manuel Vega v. The State of Texas Appeal from 230th District Court of Harris County May 21, 2009 Civil Causes Decided: Moveforfree.com, Inc. v. Hetrick (Tex.App.- Houston [1st Dist.] May 21, 2009)(Yates) (venue challenge, transfer of venue) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Price, Justices Brock Yates and Guzman 14-07-00044-CV Moveforfree.com, Inc. v. David Hetrick, Inc. d/b/a Marcom Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker Newby v. Chambers (Tex.App.- Houston [1st Dist.] May 21, 2009)(Guzman) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-08-00338-CV Rob L. Newby v. Sam Chambers, J. Cunningham, G. Currie, M. Roesler, Shannon Kersh, Vickie Barrow, and The State of Texas Appeal from 1A District Court of Tyler County Trial Court Judge: Judge Jerome Owens DISMISSED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore) 14-08-00484-CV James Michael Terrell, Roy Wright, and Terrell Associates, L.L.C. v. Texas Serenity Academy, Inc., Don R. Johnson, and Hagemon Simmons Appeal from 129th District Court of Harris County Trial Court Judge Samuel Grant Dorfman DISMISSED: Per Curiam Before Justices Frost, Seymore and Sullivan 14-08-00693-CV Troy Westerman v. J.T. Vaughn Construction Company, Inc. Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00868-CV Christopher Columbus Street Market LLC, Alfio Fischera, and Ed Eubanks v. The City of Galveston, Texas; and The Zoning Board of Adjustments of The City of Galveston, Texas Appeal from 56th District Court of Galveston County Trial Court Judge: Lonnie Cox DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00887-CV Andy Montez v. Houston Community College Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick Sonfiled v. Delgado (Tex.App.- Houston [14th Dist.] May 21, 2009)(per curiam) VACATED AND REMANDED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-08-00888-CV Robert L. Sonfield, Jr. v. Elma Delgado Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle William Marsh Rice University v. Coleman (Tex.App.- Houston [14th Dist.] May 21, 2009)(Anderson) DISMISSED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00910-CV William Marsh Rice University v. Reginald Charles Coleman Appeal from 127th District Court of Harris County Trial Court Judge: SHAROLYN P. WOOD DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00133-CV Cheryl Carlson v. Brazoria County Child Protective Services Appeal from 300th District Court of Brazoria County Trial Court Judge: K. RANDALL HUFSTETLER DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00141-CV Shelia Mason v. Casa De Esperanza De Los Ninos, Inc. Appeal from 328th District Court of Fort Bend County Trial Court Judge: Ronald R. Pope DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00152-CV Vernice Antrell Rucker v. CDPB Sierra Pines, LLC Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00198-CV Donn Williams v. Keith M. Fletcher Appeal from Probate Court No 3 of Harris County Trial Court Judge: RORY ROBERT OLSEN DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00228-CV Andrew Wheaton v. Discover Bank Appeal from Co Ct at Law No 1 & Probate Ct of Brazoria County Trial Court Judge: JERRI LEE MILLS DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00230-CV Lorna Ann Sims v. Brandon Lee Durousseau Appeal from Probate Court No 4 of Harris County Trial Court Judge: WM CAMERON MCCULLOCH In re Lumsden, MD (Tex.App. - Houston [14th Dist.] May 21, 2009)(Hedges) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore) 14-09-00271-CV In Re Alan B. Lumsden, M.D. Appeal from 113th District Court of Harris County Trial Court Judge: PATRICIA ANN HANCOCK In re Baty (Tex.App. - Houston [14th Dist.] May 21, 2009)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00313-CV In Re Rick D. Baty Appeal from 333rd District Court of Harris County Trial Court Judge: JOSEPH J. HALBACH DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00402-CV State and County Mutual Fire Insurance Company v. Georgia-Pacific Corporation Appeal from 189th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00037-CR Oluwole Ajayi Gabriel v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Boyce 14-08-00146-CR Clarence Moore Jr. v. The State of Texas Appeal from 405TH District Court of Galveston County AFFIRMED: Opinion by Chief Justice Hedges 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 Justices Anderson, Guzman and Boyce 14-09-00200-CR Christopher Wayne Trevino 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 14-09-00208-CR Ex Parte Gerald Dwayne Carline Appeal from 230th District Court of Harris County DISMISSED AS MOOT: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00250-CR In Re Librado Rodriguez, Jr. Appeal from 240th District Court of Fort Bend County DISMISSED AS MOOT: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00276-CR In Re Librado Rodriguez, Jr. Appeal from 240th District Court of Fort Bend County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00279-CR Jeremy Wayne Myers v. The State of Texas Appeal from 184th District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00280-CR Jeremy Wayne Myers v. The State of Texas Appeal from 184th District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00303-CR Carlos Jeovanny Cruz v. The State of Texas Appeal from 178th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00334-CR Mary Guzman Tello v. The State of Texas Appeal from 361st District Court of Brazos County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan) 14-09-00345-CR Marcus Mukes v. The State of Texas Appeal from 185th District Court of Harris County May 19, 2009 Civil Causes Decided: Harden, MD v. East Texas Medical Center Health Care Associates (Tex.App.- Houston [14th Dist.] May 19, 2009)(Frost)(no notice of summary judgment hearing; trial court should have set aside summary judgment) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00627-CV Samuel Harden, M.D. v. East Texas Medical Center Health Care Associates Appeal from County Court at Law No 1 of Smith County Trial Court Judge: Judge Thomas A. Dunn Criminal Causes Decided: AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan 14-08-00427-CR Mitchell Eugene Barnes v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00480-CR Earl Thompson v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00481-CR Earl Thompson v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00783-CR Javier Francisco v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00784-CR Javier Francisco v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00390-CR In Re Edward R. Newsome Appeal from 234th District Court of Harris County DISMISSED: Per Curiam 14-09-00391-CR In Re Edward R. Newsome Appeal from 179th District Court of Harris County DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00439-CR In Re Edward Newsome Appeal from of County May 14, 2009 Civil Causes Decided: Clearview Properties, LP v. Property Texas SC One Corporation (Tex.App.- Houston [14th Dist.] May 14, 2009)(Supplemental Opinion on rehearing by Yates)(attorney's fees counterclaim) OVERRULED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown) 14-06-00716-CV Clearview Properties, L.P.; Michael Starcher, Trustee for the Crown Hill Trust; Craig Walker d/b/a Clearview Properties, L.P.; and Clearview Investments, Ltd. v. Property Texas SC One Corporation, Clarion Partners, L.L.C., Granite Partners, L.L.C.. Triple Net Properties, L.L.C., T. Reit, L. P., and T. Reit, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Reliance Capital, Inc. v. G.R. Hmaidan, Inc (Tex.App.- Houston [14th Dist.] May 14, 2009)(Hedges) (promissory note suit, res judicata, UFTA) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore) 14-07-01059-CV Reliance Captial, Inc. v. G.R. Hmaidan, Inc., G.R. Hmaidan, and Isam Hmaidan Appeal from 113th District Court of Harris County Trial Court Judge: PATRICIA ANN HANCOCK DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00979-CV Old Standard Life Insurance Company, In Rehabilitation, Assignee of Old West Annuity & Life Insurance Company, an Arizona Corporation v. Exquisite Designs by Castlerock & Company, d/b/a Castlerock Investment Group, Brad F. Jones and Herman Jones Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-01115-CV Ronnie Ross v. Fidelity & Guaranty Insurance Company Appeal from 240th District Court of Fort Bend County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00077-CV Linda Nicola and Betty Fricks v. Robert Mousner and Richard Mousner Appeal from 85th District Court of Brazos County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00178-CV Rodolfo F. Cantu v. Liberman Broadcasting, Inc. Appeal from 113th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00307-CV Helene E. Holt and Byron K. Robinson v. Willie and Ida McQueen Appeal from County Civil Ct at Law No 2 of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00438-CV In Re Linda Frank Appeal from County Court at Law #4 of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Price, Justices Brock Yates and Guzman 14-08-00137-CR James Richard Weeks v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Price, Justices Brock Yates and Guzman 14-08-00138-CR James Richard Weeks v. The State of Texas Appeal from 185th District Court of Harris County REVERSED AND REMANDED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00288-CR Andrew Woodard v. The State of Texas Appeal from 412th District Court of Brazoria County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00251-CR Gregg Oscar Campos v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00260-CR Hysone M. Patterson v. The State of Texas Appeal from 180th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00352-CR James Richmond Barley, Jr. v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00406-CR Leonard Watkins v. The State of Texas Appeal from 284th District Court of Montgomery County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00416-CR In Re Rebecca Longwell Appeal from 268th District Court of Fort Bend County DISMISSED: Per Curiam Before Justices Anderson, Frost and Guzman 14-09-00417-CR In Re Eric Rollins Appeal from Webster Municipal Court of Harris County May 12, 2009 Civil Causes Decided: Cooper v. TDCJ (Tex.App.- Houston [14th Dist.] May 12, 2009)(Frost) (prisoner inmate IFP suit dismissal with prejudice affirmed) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-00741-CV Steven P. Cooper v. Texas Department of Criminal Justice Et Al Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman In re Strachan (Tex.App.- Houston [14th Dist.] May 12, 2009)(per curiam denial of mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson, Seymore and Brown 14-09-00408-CV In Re James D. Strachan Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: William R. Burke JR. Criminal Causes Decided: AFFIRMED AS MODIFIED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-07-00966-CR Trenard Jermaine Smith v. The State of Texas Appeal from 174th District Court of Harris County DISSENTING: Dissenting Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-07-00966-CR Trenard Jermaine Smith v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Frost, Brown and Boyce 14-08-00036-CR Don Warren Davis v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00139-CR Leon Junior Love v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-08-00369-CR Dexter Arthur Jackson v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County May 7, 2009 Decisions with Links to Civil Case Opinions Lazo v. Exxon Mobil Corp., No. 14-06-00644-CV (Tex. App. - Houston [1st Dist.] May 7, 2009)(Brown) (workers compensation act immunity, exclusive remedy defense, Entergy Gulf States, Inc. v. Summers Tex 2009 holding applied) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Brown and Boyce 14-06-00644-CV Marcos A. Lazo v. Exxon Mobil Corporation Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Hancock Mallory v. Mallory and OAG, No. 14-06-01009-CV (Tex.App. - Houston [14th Dist.] May 7, 2009)(Brown) (post-answer default judgment reversed, insufficient notice)(default judgment in child support arrearage confirmation action was error)(motion for new trial after default judgment) REVERSED AND REMANDED: Opinion by Justice 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 Mai v. Farmers Texas County Mutual Ins. (Tex.App.- Houston [14th Dist.] May 7, 2009)(Hedges) (auto insurance coverage dispute, UIM coverage, uninsured motorist provision of the policy, which requires that there have been contact between the insured’s vehicle and the uninsured motorist’s vehicle) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00958-CV Y Ngoc Mai and Huong Mai-Nguyen v. Farmers Texas County Mutual Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Sharolyn P. Wood Gerdes v. Fogler (Tex.App. - Houston [14th Dist.] May 7, 2009)(Frost) (judgment debtor's civil lawsuit against the judgment creditor and the attorney who represented the judgment creditor for abuse of process, false imprisonment, and malicious prosecution) AFFIRMED: Opinion by Justice Kem Frost Before Justices Frost, Brown and Boyce 14-07-01020-CV Roger Gerdes v. Murray Fogler, Individually, McDade Fogler, LLP, and John Kennamer, Individually Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. (Tad) Halbach DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00284-CV Marcus Coleman and All Occupants v. Wells Fargo Bank, N.A. Appeal from County Civil Court at Law No 3 of Harris County Champion v. Great Dane LP, No. 14-08-00310-CV (Tex. App.-Houston [14th Dist.] May 7, 2009)(Frost) (product liability)(design defect, defective manufacturing) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00310-CV Tommy Champion v. Great Dane Limited Partnership Appeal from 189th District Court of Harris County Trial Court Judge: William R. Burke JR. DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00752-CV Efrem Sewell v. The Office of the Attorney General (OAG) Appeal from 165th District Court of Harris County In Interest of JSG, NO. 14-08-00754-CV (Tex.App.- Houston May 7, 2009)(Hedges) (termination of parental rights, best interest factors, natural parent preference, parental presumption) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00754-CV In the Interest of J.S.G., and J.A.G Appeal from 314th District Court of Harris County Trial Court Judge: John Phillips DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-08-01057-CV BCB Interest, L.L.C. d/b/a Gulf Coast Ford-Nissan-Toyota and Michael Ahart v. Eugene Wallace and Thelma Wallace--Appeal from 412th District Court of Brazoria County Trial Court Judge: W. Edwin Denman In Re Small, NO. 14-08-01075-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(Anderson) (civil contempt is void in violation of the bankruptcy stay) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Boyce 14-08-01075-CV In Re John W. Small Appeal from County Court at Law No 1 of Galveston County Trial Court Judge MARY NELL CRAPITTO In Re Lesikar, NO. 14-09-00016-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(Guzman)(scope of remand, discovery mandamus denied)(right to jury trial vindicated by mandamus)(segregation of attorney's fees required, no fees for non-suited claims)(jury trial improperly denied) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Sullivan) 14-09-00016-CV In Re Woody K. Lesikar, as Trustee of the Woodrow V. Lesikar Family Trust, Trustee of the Wody K. Lesikar Special Trust, and Independent Executor of the Estate of Woodrow V. Lesikar Appeal from 149th District Court of Brazoria County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce) 14-09-00159-CV Richard and Laura Bunn, Chris Trevino, Shannon Havard, Angela and Raymond Phillips, Thomas and Eloise Elam, Michael Barfield, Donna McGenie, Zakiyyah Caldwell, Charles and Christy Veneable, Colleen Foley, Walter Butler, Lois Niezgoda, Tanisha Lewis, Et Al v. Network Funding Corporation--Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCauley [McCally] DISMISSED: Per Curiam Before Justices Seymore, Brown and Sullivan) 14-09-00243-CV San Jacinto Methodist Hospital v. James E. Carlton, Individually and as Next Friend of Robert Lee Carlton, Jr., a Minor--Appeal from 270th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce) 14-09-00269-CV Robert Marks v. Medford Starratt, Jr., Genesis Properties, L.P., Bright Star Homes, Inc., Brighton Enterprises, Ltd., Belvedere Enterprises, L.L.C., Dabo Investments, Inc., and Rab Equities, L.L. C.--Appeal from 506th Judicial District Court of County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce) 14-09-00365-CV Thomas Bernard Domingue, II v. Kimberly (Domingue) Wise Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: Hon. James H. Shoemake May 7, 2009 Criminal Appeals Decided AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-00736-CR Christopher Vomakoyima Tita v. The State of Texas Appeal from 262nd District Court of Harris County May 5, 2009 Civil Causes Decided: In re Frank, NO. 14-09-00407-CV (Tex.App.- Houston [14th Dist.] May 7, 2009)(per curiam) (writ of prohibition denied) DISMISSED AS MOOT: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00407-CV In Re Linda Frank Appeal from County Court at Law #4 of Fort Bend County Criminal Causes Decided: REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00625-CR Undre Demon Stewart v. The State of Texas Appeal from 241st District Court of Smith County In Re Riggins, NO. 14-09-00255-CV (Tex.App.- Houston [14th Dist.] May , 2009)(per curiam denial of mandamus, mandamus standard not satisfied) |
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