Decisions of the Fourteenth Court of Appeals in Houston
May 2009
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11th  Judge Mike Miller (2009)
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190th   Hon. Jennifer W. Elrod (now on 5th Cir)
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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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