| Decisions of the Fourteenth Court of Appeals in Houston October 2009 |
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Opinion Release Dates: October 1, 6, 8, 13, 15, 20, 22, 27, 29, 2009 OCTOBER 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN OCT '09 Released Opinions October 29, 2009 Civil Causes Decided: Mattox v. County Commissioner's Court-Grimes Cty. (Tex.App.- Houston [14th Dist.] Oct. 29, 2009) (Hedges)(mandamus against public official, commissioner's court, statutory construction) (cancellation of a roadway dedication, interpretation of section 232.008 of the Texas Local Government Code, which governs cancellation of all or part of a subdivision located outside of any municipality)(both parties' motions for summary judgment denied) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00193-CV Gregory R. Mattox and Barbara Wilkerson v. County Commissioners' Court-Grimes County, Betty Shiflett-Grimes County Judge, John Bertling-County Commissioner Pct 1., and Pam Finke- County Commissioner Pct 4 Appeal from 506th Judicial District Court of County Trial Court Judge: Albert M McCaig Jr. Dissenting Opinion by Justice Frost in Mattox v. County Commissioners' Court of Grimes County Knight v. Knight (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Hedges) (divorce property division, reimbursement claim, preservation of error for appellate review) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00424-CV Monica Faye Knight v. Bobby Wayne Knight Appeal from 246th District Court of Harris County Trial Court Judge: Jim York O and B Farms, Inc.v. Black (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Yates) (fraud and civil conspiracy claims award of attorney's fees, exemplary damages reversed) (breach of contract damages proven)(contingency fee contract insufficient to establish reasonable attorney's fees) (detrimental reliance as element of fraud cause of action) AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00595-CV O and B Farms, Inc., and B and O Farms, LLC v. Eldon Jay Black, Kevin Lee Donahoo, Thomas David Horrell, Jr., Charles Richard Weeks, Ronald Russell Swisshelm, and Casey Ross Gray Appeal from 220th District Court of Hamilton County Trial Court Judge: Hon. James E. Morgan Melawer v. Tipton (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Sullivan) (attempted appeal arises from a lawsuit originally filed in small claims court; dismissed for lack of appellate jurisdiction under law in effect prior to recent enactment permitting appeal) DISMISSED-WANT OF JURISDICTION: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00721-CV Abraham Melawer v. Robert S. Tipton Appeal from County Court of Shelby County Trial Court Judge: Judge Shelby County DISMISSED 10/29: Per Curiam (agreed motion to dismiss the appeal pursuant to the parties’ agreement) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00640-CV Delinda Clingan, Individually and as Personal Representative of the Estate of David G. Herrin, Sr., David G. Herrin, Jr., Deanna Crain, and Jewell Herrin v. E.I. DuPont de Nemours and Company, CNA Holdings,Inc., Celanese, LTD., and Crown Central Petroleum Corporation Appeal from 122nd District Court of Galveston County Trial Court Judge: Mark Davidson DISMISSED 10/29: Per Curiam (record not paid for, DWOP) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00655-CV James Charbonneau v. Tomball Regional Medical Center Appeal from 113th District Court of Harris County (name of judge not shown on appellate docket) DISMISSED 10/29: Per Curiam (nonpayment of appellate filing fee) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00763-CV Syed Faizan Ahmed, Individually and Derivately on Behalf of Fine Interiors Source, Inc. and Syed Rehan Ahmed v. Khanzada J. Ahmed, Fine Interiors & Designs, Inc., and Omar Kasani Appeal from 269th District Court of Harris County Trial Court Judge: Dan T. Hinde Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00334-CR Michael Lynn Bordelon v. The State of Texas Appeal from Crim Dist Ct of Jefferson County October 27, 2009 Civil Causes Decided: In Interest of ARB (Tex.App.- Houston [14th Dist.] Oct. 27, 2009)(Yates) (termination of parental rights affirmed, physical abuse, child's best interest analysis) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Frost and Brown 14-08-00452-CV In the Interest of A.R.B., C.J.T, and A.J. Appeal from 300th District Court of Brazoria County Trial Court Judge: Eric Andell Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00541-CR David King Jr. v. The State of Texas Appeal from 180th District Court of Harris County October 22, 2009 Civil Causes Decided: In Re GeoMet, Inc. (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam) (arbitration mandamus denied, no agreement to arbitrate established, gateway issues re: arbitration) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00685-CV In Re Gomet, Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Mike Engelhart In Re Penrod (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam denial of mandamus) (mandamus denied re striking of petition in intervention) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Brown 14-09-00776-CV In Re Kathleen Penrod Appeal from 280th District Court of Harris County Trial Court Judge: Tony Lindsay In Re Melendez (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam denial of mandamus) (mandamus denied re: order denying a motion for the continuance) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Boyce 14-09-00883-CV In Re Miguel Melendez Appeal from 245th District Court of Harris County Trial Court Judge: Judge Annette Kuntz Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-06-00088-CR Jason Earl Wooley v. The State of Texas Appeal from 176th 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 AFFIRMED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-08-00920-CR Roger Aristotle Vidales v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00686-CR Charles Ray Walton v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00737-CR David Pillar v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00751-CR The State of Texas v. Trina Marie Rodriguez Appeal from Co Crim Ct at Law No 14 of Harris County October 20, 2009 Civil Causes Decided: In Re Jacobs, MD (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(Brown) (proper scope of net worth discovery when exemplary damages are sought for gross negligence) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Brown Before Justices Brown, Boyce and Sullivan 14-09-00123-CV In Re Mark A. Jacobs, M.D., and Debra C. Gunn, M.D., and Obstetrical and Gynecologist Associates, P.A. Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood Concurring and Dissenting Opinion by Justice Sullivan in In Re Jacobs, M.D. In Re Johnson (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(per curiam) (SAPCR modification) (motion for new trial, order setting aside default judgment, extension of deadline from weekend day to following Monday, order signed within plenary power) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00782-CV In Re Jacqueline Johnson Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern In re Van Dyke (Tex.App.- Houston [14th Dist.] Oct. 20, 2009)(per curiam denial) (mandamus re discovery order denied, request moot, turnover order is appealable, hence no mandamus relief available) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00822-CV In Re Scott Van Dyke Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00072-CR Adam Torres v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00073-CR Adam Torress v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00478-CR Luis Morales Jr., aka Louis Morales Jr. v. The State of Texas Appeal from 122nd District Court of Galveston County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00483-CR Dennis Keith Hudson v. The State of Texas Appeal from 177th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00509-CR Richard Foster v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00511-CR Richard Foster v. The State of Texas Appeal from 178th District Court of Harris County Released Opinion October 15, 2009 Civil Causes Decided: Sheppard v. Travelers Lloyds of Texas Ins. Co. (Tex.App.- Houston [14th Dist.] Oct. 15, 2009)(Boyce) (summary judgment for insurer on breach of contract and violations of the Texas Insurance Code claims affirmed)(breach of contract and statutory insurance code claim denial cause of action time-barred, accrual date, contractual shortening of limitations period) AFFIRMED: Opinion by Justice Bill Boyce Before Justices Anderson and Boyce 14-08-00248-CV Anthony Sheppard v. Travelers Lloyds of Texas Insurance Company Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli In Interest of KLG (Tex.App.- Houston [14th Dist.] Oct. 15, 2009) (trial court’s frivolousness finding and final decree terminating parental rights affirmed) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00403-CV In the Interest of K.L.G. aka C.G., a child Appeal from 315th District Court of Harris County Trial Court Judge: Michael H. Schneider DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00521-CV Investment Capital Corporation v. Nancy Israel, Individually and as Personal Representative of the Estate of Harold W. Israel, Deceased Appeal from Probate Court No 1 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00562-CV David Christopher Russell v. Janna Russell Appeal from 246th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00522-CR Charles Edward Vaughn v. The State of Texas Appeal from 228th District Court of Harris County October 13, 2009 Civil Causes Decided: In Re Rodriguez (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam dismissal) (no jurisdiction to issue mandamus against judge of small claims court) DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00824-CV In Re Arcadio D. Rodgriguez Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey In Re Alam (Tex.App.- Houston [14th Dist.] Oct. 13, 2009)(per curiam) (mandamus seeking disqualification of trial judge denied) MOTION OR WRIT DENIED: Per Curiam Before Justices Anderson and Boyce 14-09-00841-CV In Re Armughan Alam Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble Criminal Causes Decided: October 8, 2009 Civil Causes Decided: Warwick Towers Council of Co-Owners v. Park Warwick, LP (Tex.App.- Houston [14th Dist.] Oct. 8, 2009) (Boyce)(opinion on remand) (water damage, subrogation claim, trespass) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-05-00254-CV Warwick Towers Council of Co-Owners, by and through St. Paul Fire & Marine Insurance Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C. Appeal from 113th District Court of Harris County Sharma v. Routh (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Frost) (community vs separate property, marital, family trust income) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Rowan Companies, Inc. v. Wilmington Trust Co. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Guzman) (federal maritime contract, offshore drilling, construct construction, loss of oil rig, appraisal procedure) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-07-00465-CV Rowan Companies, Inc. v. Wilmington Trust Company, Not in Its Individual Capacity but Solely as Owner Trustee of the Rowan-Halifax Jack-Up Rig, TEXTRON FINANCIAL CORPORATION, NORTH SEA INVESTMENTS, INC., and NORTH SEA - CONNECTICUT LP Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON Dissenting Opinion by Justice Frost in Rowan Companies, Inc. v. Wilmington Trust Company TABC v. AGA Trading, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Yates) (alcoholic beverage license cancellation, liquor licences revocation, notice issue, default agency order) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00151-CV Texas Alcoholic Beverage Commission v. AGA Trading Inc., d/b/a San Diego Food Mart Appeal from 434th Judicial District Court of Fort Bend County Trial Court Judge: The Honorable James H Shoemake City of Houston v. Tones (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson) (no basis for city's appeal from independent hearing examiner's decision in disciplinary proceeding) VACATED AND DISMISSED: Opinion by Justice Anderson Before Justices Anderson, Seymore and Boyce 14-08-00209-CV City of Houston v. Thelma J. Tones Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Brown Diaz v. DTC West Tidwell Corp. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Sullivan) (deadly shooting at carwash, no premises liability, killing not forseeable) AFFIRMED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00402-CV Pedro Santiago Diaz, Jerry Diaz, as surviving child of Pedro Santiago Diaz, Yvette Mercado, as surviving child of Pedro Santiago Diaz, and as adminstrator of the Estate of Pedro Diaz and MIchelle Diaz, as surviving child of Pedro Santiago Diaz v. DTC West Tidwell Corporation, DBA U.S. Auto Wash Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon All Star Enterprise, Inc. v. Buchanan (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Guzman) (wrongful death survival action, industrial accident, special appearances, general jurisdiction, specific jurisdiction) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Guzman Before Justices Anderson, Guzman and Boyce 14-08-01064-CV All Star Enterprise, Inc. (aka Bernard Well Service, Antero Resources Corporation incorrectly named and sued as Antero Resources Corporation aka Antero Piceance Corporation, Antero Resources Piceance Corporation and Frontier Drilling, LLC v. Erin Buchanan, Individually, as Representative of the Estate of Joseph Buchanan, Jr., and as next friend of Christopher D. Buchanan and Taylor N. Buchanan, Minors Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00558-CV Noris G. Rogers v. FIA Card Services, N.A. fka MBNA America Bank, N.A Appeal from County Civil Court at Law No 3 of Harris County In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson) (ratification of agreement to arbitrate by accepting benefits) (arbitration compelled by mandamus) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-09-00580-CV In Re: Weeks Marine, Inc Appeal from 215th District Court of Harris County Trial Court Judge: Steven Kirkland DISMISSED: Per Curiam (filing fee not paid) Before Justices Brock Yates, Frost and Brown 14-09-00623-CV Debra Hinkle v. The Crossing at Bradford Appeal from County Civil Court at Law No 1 of Harris County DISMISSED: Per Curiam (nonpayment for record) Before Justices Brock Yates, Frost and Brown 14-09-00728-CV Donna Holcomb and Curtis Holcomb and All Other Occupants v. Galveston Bleak House Appeal from County Court No. 3 of Galveston County Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Seymore 14-04-00518-CR Forrest Lee Stokes v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00183-CR Gabriel Torres Salinas v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00291-CR Carl M. Williams v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00295-CR Koy Timon Moore v. The State of Texas Appeal from 208th District Court of Harris County REVERSED AND RENDERED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00568-CR John L. Newman v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Guzman and Boyce 14-08-00711-CR Donald Wayne Young v. The State of Texas Appeal from 2nd District Court of Cherokee County AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-01061-CR My Thi Tieu v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County DISSENTING: Dissenting Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-01061-CR My Thi Tieu v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-01116-CR Roderick Dion Barnes v. The State of Texas Appeal from 400th District Court of Fort Bend County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00493-CR EX PARTE THOMAS ELVIN PACKER Appeal from Co Crim Ct at Law No 10 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00661-CR William Randolph Polk v. The State of Texas Appeal from 351st District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00745-CR Michael James White v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00746-CR Michael James White v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00789-CR Sharay Williams v. The State of Texas Appeal from 351st District Court of Harris County October 6, 2009 Civil Causes Decided: Samson v. Manley (Tex.App.- Houston [14th Dist.] Oct. 6, 2009)(Anderson) (client' suit against his lawyer and opposing counsel, summary judgment on multiple causes of action affirmed, underlying suit: workers compensation suit) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-07-01085-CV Fred Samson v. James Manley and Don Jackson Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Smith v. Hartford Underwriters Ins. Co. (Tex.App.- Houston [14th Dist.] Oct. 6, 2009)(Frost) (workers compensation appeal by both sides, compensable injury) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00133-CV Janice Smith v. Hartford Underwriters Insurance Company Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost) 14-08-00337-CR Cornell Lynn Hosea v. The State of Texas Appeal from 410th District Court of Montgomery County AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce) 14-08-00339-CR Brent Voncey Fields v. The State of Texas Appeal from 284th District Court of Montgomery County October 1, 2009 Civil Causes Decided: Leigh v. Kuenstler (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Guzman) (DTPA, dispute about allegedly inadequate UIM insurance coverage; insurance agent's duty to procure insurance; judgment for defendant affirmed) AFFIRMED: Opinion by Justice Eva Guzman Before Justices Anderson, Guzman and Boyce 14-08-00245-CV Theresa Leigh v. Richard Kuenstler, Jr. Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick City of Pasadena, Texas v. Belle (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Sullivan) (collision involving emergency vehicle) (plea to the jurisdiction properly denied, official immunity not established) AFFIRMED: Opinion by Justice Sullivan Before Rondon, Justices Seymore and Sullivan 14-08-00531-CV City of Pasadena, Texas v. Steven Belle and James West Appeal from 61st District Court of Harris County Trial Court Judge: John J. Donovan In Interest of R.S. (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(per curiam) (termination of parental rights affirmed)(grounds for termination of parent's rights and best interest factors, ineffective assistance of counsel claim rejected where client did not cooperate with attorney) AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01013-CV In the Interest of R.S. Appeal from 310th District Court of Harris County Trial Court Judge: Lisa A. Millard DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00162-CV Michele M. Duran v. William David McClain Appeal from 245th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00165-CV RICHARD AND LAURA BUNN, CHRIS TREVINO, SHANNON HAVARD, ANGELA AND RAYMOND PHILLIPS, THOMAS AND ELOISE ELAM, MICHAEL BARFIELD, DONNA MCGENIE, ZAKIYYA CALDWELL, CHARLES AND CHRISTY VENEABLE, COLLEEN FOLEY, WALTER BUTLER, LOIS NIEZGODA, TANISHA LEWIS, GREGOR v. MICHAEL P. MARTZ, INDIVIDUALLY, INLINE DEVELOPMENT CORPORATION, INLINE UTILITIES, LLC, SUGARBERRY PLACE, PHASE II, LTD., MMRM, LTD., AND ONE MARTZ, LLC, Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCauley [McCally] DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00170-CV Cecil Gammill, Jr. v. David Fettner Appeal from County Civil Court at Law No 3 of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00195-CV Ronald Kay Durst v. Harsco Corporation/ Patent Construction Systems Appeal from 151st District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00404-CV Methanex Methanol (GP LLC, BMC Holdings, Inc. and Terra International (Oklahoma , Inc. v. Methylchem Company, LLC Appeal from 189th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00480-CV In the Interest of R.A.K.M.,aka, R.M., A.D.R.H., R.D.H., R.D.S., and R.A.S Appeal from 315th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00501-CV Dalida Touma, Galleria Diamonds, LLC and Mike Loutifi v. Bette J. "Liz" Baker, Dale A. Lyons and LDL Diamonds and Associates, LLC Appeal from 234th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00534-CV Wendy D. Duong v. Nam Nguyen dba Koi Hahn Cuc Thi Nguyen dba Koi Hanh, Et Al Appeal from 334th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00591-CV Eloy Garza v. Eunice Fang, Et Al Appeal from County Civil Court at Law No 3 of Harris County In Re Holland (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Frost) (mandamus vs interlocutory appeal and temporary order, challenge to trial court's temporary injunction) MOTION OR WRIT DENIED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-09-00656-CV In Re Robert V. Holland, Jr. Appeal from 113th District Court of Harris County Trial Court Judge: Patricia Ann Hancock DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00664-CV Cecil Gammill, Jr v. David Fettner, Trustee of the Gammill Trust; Jack F. Abercia, Constable of Harris County, Precinct One; Sergeant Albert Lui, Deputy; Loren Jackson, Harris County District Clerk Appeal from 190th District Court of Harris County (name of judge not on appellate docket) Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00420-CR Dimitrius A. George v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00556-CR The State of Texas v. Bobby Lee Moreno Appeal from 23rd District Court of Brazoria County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-08-00918-CR Tommy Joe Young v. The State of Texas Appeal from 212th District Court of Galveston County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00681-CR Derrick Harvey v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00702-CR David Joseph Rodriguez v. The State of Texas Appeal from 177th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00797-CR Eljohara Yinessa McNeal v. The State of Texas Appeal from 179th District Court of Harris County |
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