| Decisions of the Fourteenth Court of Appeals in Houston September 2009 |
| Houston Opinions Home Page | First Court of Appeals Cases | Houston Case Law Blog | Austin Case Law Blog |
Opinion Release Dates: September, 1, 3, 10, ___, 2009 SEPTEMBER 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN SEP '09 Released Opinions September 10, 2009 Civil Causes Decided: Lerner, MD v. First Commerce Bank (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Yates) (claim based on bank's failure to honor check time-barred, 4-year statute of limitations for breach of contract) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01084-CV Marvin W. Lerner, MD v. First Commerce Bank Appeal from County Court at Law No 3 & Probate Court of Brazoria County [Name of trial court judge not shown on the docket] Cantu v. Dominguez (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown) (vix lit no security posted, lawsuit against attorney, jurisdictional limits of county court) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00156-CV Tony Cantu and Elsa Cantu v. Ben Dominguez Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Boyce) (choice of law when not agreed to in contract, statute of repose, products liability, defective folding table used in schools, amputation of finger caught between panels) AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-00158-CV Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John Willis Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Southern Chemical Corp. v. Celanese, Ltd. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Sullivan) (contract interpretation, contract ambiguous, ambiguity creates fact issue which is not proper for resolution by summary judgment; summary judgment reversed and case remanded for further proceedings) REVERSED AND REMANDED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00348-CV Southern Chemical Corporation v. Celanese, LTD Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan Losier v. Ravi, M.D. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown) (res ipsa loquitur, complaint of improper conduct of juror overruled, communication with party's agent outside the courtroom) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00399-CV Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Neely v. Commission for Lawyer Discipline (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Frost) (commingling of funds, use of IOLTA trust account for personal and business expenses) (admission of bank records issue, improper subpoena) AFFIRMED: Opinion by Justice Frost Before Justice Frost 14-08-00526-CV George R. Neely v. Commission for Lawyer Discipline Appeal from 164th District Court of Harris County Trial Court Judge: Jack Hollis Robison DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00482-CV CHCA Bayshore LP d/b/a Bayshore Medical Center and Shinikee Atkins, LVN v. Margaret Mayfield and Robert Mayfield as Next friend for Margaret Mayfield Appeal from County Court at Law No 1 of Galveston County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00557-CV Wells Fargo Bank v. Elsie May Goodly, Et Al Appeal from County Court at Law #4 of Fort Bend County McNeill v. AMEX (Tex.App.- Houston [14th Dist.] Sep. 10, 2009)(per curiam) (appeal mooted by trial court's grant of motion to reconsider the summary judgment) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00691-CV Kenneth McNeil v. American Express Centurion Bank Appeal from County Civil Court at Law No 2 of Harris County In Re A&P Transportation Co., Inc. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(per curiam denial) (compulsory counterclaim, not same deadline as for filing answer to original petition & citation) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00729-CV In Re A&P Transportation Co., Inc., Clayton Allen Potter, Toby Allen Potter, T.A. Potter Management, LLC, and Superior Nationwide Logistics, Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00178-CR Kenneth DeShun Woods v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00433-CR Ralph Arnold Jackson v. The State of Texas Appeal from 177th District Court of Harris County DISMISSED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00456-CR Marvin Lee Alexander v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00513-CR Alcides Melendez v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00608-CR Tony Lamar Jackson v. The State of Texas Appeal from 241st District Court of Smith County AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00766-CR Darnell Thomas Celestine v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00401-CR Charles Ray Walton v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00546-CR In Re Gilbert Mireles Appeal from 183rd District Court of Harris County September 3, 2009 Civil Causes Decided: DISMISSED 9/3 9/3: Per Curiam Opinion Opinion Before Chief Justice Hedges, Justices Seymore and Sullivan 14-05-00157-CV Roger H. Broach and Courtney Smith v. Dwight E. Whitfield Individually and Dwight's Moving Company Inc., A Texas Corporation Appeal from 333rd District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Justices Anderson, Guzman and Boyce 14-09-00507-CV Murphey Harmon v. Lighthouse Capital Funding, Inc. Appeal from 190th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00565-CV Johnny Salas v. Julia Almanza Appeal from 80th District Court of Harris County (judge not identified on appellate docket) In Re Boxer Property Management Corp. (Tex.App.- Houston [14th Dist.] Sep. 3, 2009)(Boyce) (discovery mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-09-00579-CV In Re Boxer Property Management Corporation and 9343 North Loop, L.P. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Boxer Property Management Corporation and 9343 North Loop, L.P. filed a petition for writ of mandamus asking this court to compel the presiding judge of the 133rd District Court of Harris County to vacate a June 16, 2009 order compelling the deposition of relators' corporate representative. Relators contend the deposition will invade the attorney work product privilege regarding their response to requests for production propounded by real parties in interest, Lynell Wells, individually, as the legal representative of the estate of her deceased husband, Marvin Wells, and as next friend of her minor child, Adrian D. Wells; Marvin Wells d/b/a M & E Transportation; Marvin G. Wells; and Shameka Wells (the "Wells plaintiffs"). We conditionally grant the writ. In Re Kastner (Tex.App..- Houston [14th Dist.] Sep. 3, 2009)(per curiam) (mandamus denied re indigency sought to be established with affidavit, discovery stay in the trial court) MOTION OR WRIT DENIED: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00653-CV In Re Kristofer Thomas Kastner Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Criminal Causes Decided: DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00494-CR Kobioyshi Raimnott King Jr. v. The State of Texas Appeal from 400th District Court of Fort Bend County DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00581-CR Dwight Leon Davis v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00582-CR Dwight Leon Davis v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion 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 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00713-CR Charles Henry Fowler v. The State of Texas Appeal from 178th District Court of Harris County September 1, 2009 Civil Causes Decided: In Interest of MV, MV and EV (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Yates) (child support arrearage based on nunc-pro-tunc judgment, amount of child support had not been filled in on the original order) (effective date of nunc pro tunc judgment as to support amount) (clerical error vs. judicial error, NPT order adding monthly amount to blank space on decree not deemed judicial error) (void judgments and orders) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00418-CV In the Interest of M.V, M.V. and E.V. Appeal from 311th District Court of Harris County Trial Court Judge: DOUGLAS C. WARNE Brown v. Green (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Hedges) (legal malpractice, breach of fiduciary duty) (SJ for defendant affirmed) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00592-CV Willard E. Brown III v. George Maynard Green and Sheehy, Lovelace & Mayfield, P.C. Appeal from 74th District Court of McLennan County (name of judge not shown on docket) In Re Smotherman (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(per curiam mandamus denial) (mandamus petition was defective, errors to avoid when filing a petition for writ of mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00692-CV In Re David Smotherman Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00028-CR Ezekiel Harrell III v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00902-CR John Earnest Christ v. The State of Texas Appeal from 230th District Court of Harris County |
|
|
Opinion Release Dates: September, 1, 3, 10, 14, 15, 17, 22, 24, 29, 30, 2009 SEPTEMBER 2009 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN SEP '09 September 30, 2009 Civil Causes Decided: None this day Criminal Causes Decided: AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-07-00855-CR Phillip Head v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Brown and Boyce 14-07-00856-CR Phillip Head v. The State of Texas Appeal from 212th District Court of Galveston County CONCURRING: Concurring Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00430-CR Vincent Brassard Scillitani v. The State of Texas Appeal from County Court at Law No 2 of Fort Bend County REVERSED AND RENDERED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Hudson and Frost 14-08-00430-CR Vincent Brassard Scillitani v. The State of Texas Appeal from County Court at Law No 2 of Fort Bend County September 29, 2009 Civil Causes Decided: In Interest of EBLG et al (Tex.App.- Houston [14th Dist.] Sep. 29, 2009)(Seymore) (family court mediation and arbitration, numerous challenges to arbitration and arbitrator's decision, attempted recusal of arbitrator, consideration of family violence, appropriateness of mediation) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-06-01095-CV In the Interest of E.B.L.G, H.L.L.G, and N.L.G. Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Rodarte v. Investeco Group, LLC (Tex.App. - Houston [14th Dist.] Sep. 29, 2009)(Brown) (property-foreclosure case, standing issue) AFFIRMED: Opinion by Justice Jeff Brown Before Justices Frost, Brown and Boyce 14-08-00093-CV Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail, Individually and as Trustee of Certain Real Property and Vincent Rodriguez Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Concurring Opinion by Justice Frost in Victor Rodarte v. Investeco Group, LLC.; Morad Mekhail, Individually and as Trustee of Certain Real Property and Vincent Rodriguez DISMISSED 9/29: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00615-CV Katherine Smith and Dickson Smith v. Medtronic Inc. Appeal from 127th District Court of Harris County DISMISSED 9/29: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00793-CV In Re Gerald King Appeal from of County Criminal Causes Decided: AFFIRMED 9/29: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00580-CR Darius Duron Elam v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED 9/29: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00784-CR In Re Edward R. Newsome Appeal from 179th District Court of Harris County September 24, 2009 Civil Causes Decided: Badaiki v. Tia Smith, Overhaulin Tow Company (Tex.App.- Houston [14th Dist.] Sep. 24, 2009)(per curiam) (nonconsent tow of vehicle, tow hearing in Justice court, appeal from JP court) AFFIRMED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-08-00224-CV Fidelis Badaiki v. Tia Smith, Rita Casey, Overhaulin Tow Company and West Houston Auto Storage Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Linda Storey DISMISSED: Per Curiam (dismissed by appellant) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-01033-CV Rapid Settlements, Ltd. v. Clarance Thornton & Hartford Fire Insurance Company and Hartford Life Insurance Company Appeal from County Civil Court at Law No 4 of Harris County DISMISSED: Per Curiam (case settled) Before Justices Anderson, Guzman and Boyce 14-08-01176-CV Salvador Haro ("Haro") v. Rafael Jimenez Appeal from 157th District Court of Harris County DISMISSED: Per Curiam (settled) Before Justices Brock Yates, Frost and Brown 14-09-00218-CV Maribel Torres Cruz v. Heidi M. Lange Appeal from 80th District Court of Harris County Giddings v. FIA Card Services, N.A. f/k/a MBNA America Bank (Tex.App.- Houston [14th Dist.] Sep. 24, 2009)(per curiam) (appeal moot because trial court granted motion for new trial) DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00542-CV Gary Giddings v. FIA Card Services, N.A. fka MBNA America Bank Appeal from 152nd District Court of Harris County DISMISSED: Per Curiam (per joint motion to dismiss appeal) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00706-CV David Howell v. Metropolitan Transit Authority Appeal from 157th District Court of Harris County DISMISSED: Per Curiam (appellant filed motion to dismiss appeal) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00712-CV Daniel Gonzalez v. Sheila Torry Appeal from 309th District Court of Harris County DISMISSED: Per Curiam (joint motion to dismiss appeal per settlement) Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00739-CV Roger Eden "Skip" Bradley and Bradley Machinery and Valuation LLC, a Texas LLC v. Ron Everling and Advances Crane & Hoist Services, Inc. Appeal from 189th District Court of Harris County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00126-CR Brien Roberts v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00174-CR Latoya Fultcher v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Justices Seymore, Brown and Sullivan 14-08-00201-CR Peter Corbo v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00468-CR Saul Alfredo Guzman v. The State of Texas Appeal from 174th District Court of Harris County September 22, 2009 Civil Causes Decided: In Interest of ADS, Jr. (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Seymore) (Attorney General child support enforcement; no credit against judgment on arrears for time obligor was in jail, contempt order for failure to pay child support not challenged) AFFIRMED AS MODIFIED: Opinion by Justice Charles Seymore Before Justices Brock Yates, Seymore and Brown 14-08-00147-CV In the Interest of A.D.S, Jr. Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Mary Nell Crapitto Britt v. Jones (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Frost) (animal law, liability for roaming cattle) AFFIRMED: Opinion by Justice Frost Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00331-CV Anthony Britt v. James B. Jones and James B Jones, III Family Limited Partnership Appeal from 163rd District Court of Orange County Trial Court Judge: Judge Dennis Powell Kerr v. Kerr (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Yates) (post-divorce enforcement of property division, no modification of substance of decree) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00529-CV In The Matter of the Marriage of Don Scott Kerr and Gabriella A. Kerr Appeal from 246th District Court of Harris County Trial Court Judge: Jim York Hawkins, MD v. Herrera (Tex.App.- Houston [14th Dist.] Sep. 22, 2009)(Sullivan) (interlocutory appeal of denial of motion to dismiss in med-mal suit; failure to preserve error by obtaining a ruling from the trial court) AFFIRMED: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00142-CV Kimberly Hawkins, M.D. v. Alberto and Amy Herrera as next friends of Tiana Herrera, A Minor Appeal from 80th District Court of Harris County Trial Court Judge: Larry Weiman Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00135-CR Donald G. Hock v. The State of Texas Appeal from County Court at Law No 3 & Probate Court of Brazoria County September 17, 2009 Civil Causes Decided: MBP Corp. v. Board of Trustees of the Galveston Wharves (Tex.App.- Houston [14th Dist.] Sep. 17, 2009)(Sullivan) (takings claim rejected, governmental immunity, waiver-by-conduct exception rejected) AFFIRMED: Opinion by Justice Sullivan Before Justices Hudson, Guzman and Sullivan 14-07-01064-CV MBP Corp. v. Board of Trustee of the Galveston Wharves; and The Galveston Port Facilities Corporation Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss Lefoumba v. Legend Classic Homes, Ltd (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan) (challenge to arbitration award that reduced attorney's fees rejected) )(confirmation / modification / vacature of arb award) AFFIRMED: Opinion by Justice Kent Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00243-CV Claude Lefoumba v. Legend Classic Homes, Ltd and Legend Home Corp. Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith Brazoria County v. Gelder (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (Sullivan) (Texas Tort Claims Act, dangerous road condition, no waiver of immunity) REVERSED AND RENDERED: Opinion by Justice K. Sullivan Before Justices Seymore, Brown and Sullivan 14-08-01092-CV Brazoria County v. Kym Van Gelder Appeal from 239th District Court of Brazoria County Trial Court Judge: Patrick Edward Sebesta Smith v. State of Texas (Tex.App.- Houston [14th Dist.] Sep. 17, 2009) (inmate suit dismissed) AFFIRMED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00057-CV Trent Alvon Smith v. The State of Texas, Nathaniel Quarterman, Alfred C. Janicek, Jr., Michael D. Barnett, Kenzie A. Bond, and Pedro M. Boykin Appeal from 278th District Court of Walker County Name of trial court judge not shown on appellate docket DISMISSED 9/17: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00194-CV Jennifer L. Stevens v. Bank of America, N.A. Appeal from County Civil Court at Law No 4 of Harris County Guetersloh v. Guetersloh (Tex.App. - Houston [14th Dist.] Sep. 17, 2009)(per curiam) (untimely notice of appeal) DISMISSED 9/17: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00314-CV Michael Fred Guetersloh, Jr. v. James Graig Guetersloh Appeal from 151st District Court of Harris County DISMISSED 9/17: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00554-CV Cunningham Lindsey Claims Management, Inc. v. Lloyd Snyder Appeal from 215th District Court of Harris County Because the underlying judgment has been vacated by this court, appellant's appeal of the post-judgment enforcement order is moot. Criminal Causes Decided: AFFIRMED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00219-CR Alfred Netter v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00387-CR Williams James Bradford v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00538-CR Gerry Dwayne Dickews AKA Gerry D. Dickens v. The State of Texas Appeal from Co Crim Ct at Law No 7 of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00626-CR Willie Jess Tennyson v. The State of Texas Appeal from County Court at Law No 2 of Smith County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00771-CR Matthew Freeman v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00792-CR Daniel Miguel Alvarez v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-08-01148-CR Certa B. Hardy v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00688-CR Jeremy Stacy Harrison v. The State of Texas Appeal from 178th District Court of Harris County Released Opinions September 15, 2009 Civil Causes Decided: U.S. Bank N.A. v. Stanley (Tex.App.- Houston [14th Dist.] Sep. 15, 2009)(Brown) (Do company directors owe fiduciary duty to creditors?) (Delaware law applied) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00567-CV U.S. Bank National Association, a National Banking Association, as Liquidating Trustee v. John R. Stanley, Walter S. Piontek, Ted E. Davis, Ronald H. Benson, R. Gerald Bennett, and John Does I-X Appeal from 133rd District Court of Harris County Trial Court Judge: LAMAR MCCORKLE Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00207-CR Brandon Demond Thomas v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00212-CR Brandon Demond Thomas v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00434-CR Leonard Tryone Teal v. The State of Texas Appeal from 179th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00546-CR Leonard Tyrone Teal v. The State of Texas Appeal from 179th District Court of Harris County DISMISSED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00730-CR In Re Ena Jane Draycott Appeal from 185th District Court of Harris County September 14, 2009 Civil Causes Decided: MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00760-CV In Re: Joseph R. Willie, II Appeal from 133rd District Court of Harris County Criminal Causes Decided: September 10, 2009 Civil Causes Decided: Lerner, MD v. First Commerce Bank (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Yates) (claim based on bank's failure to honor check time-barred, 4-year statute of limitations for breach of contract) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-07-01084-CV Marvin W. Lerner, MD v. First Commerce Bank Appeal from County Court at Law No 3 & Probate Court of Brazoria County [Name of trial court judge not shown on the docket] Cantu v. Dominguez (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown) (vix lit no security posted, lawsuit against attorney, jurisdictional limits of county court) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00156-CV Tony Cantu and Elsa Cantu v. Ben Dominguez Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Boyce) (choice of law when not agreed to in contract, statute of repose, products liability, defective folding table used in schools, amputation of finger caught between panels) AFFIRMED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-08-00158-CV Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John Willis Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Southern Chemical Corp. v. Celanese, Ltd. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Sullivan) (contract interpretation, contract ambiguous, ambiguity creates fact issue which is not proper for resolution by summary judgment; summary judgment reversed and case remanded for further proceedings) REVERSED AND REMANDED: Opinion by Justice Sullivan Before Justices Seymore, Brown and Sullivan 14-08-00348-CV Southern Chemical Corporation v. Celanese, LTD Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan Losier v. Ravi, M.D. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Brown) (res ipsa loquitur, complaint of improper conduct of juror overruled, communication with party's agent outside the courtroom) AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00399-CV Orville Losier and Wife Joelle Losier v. Shivarajpur K. Ravi, M.D., and Ambika Medical Group, P.A. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Neely v. Commission for Lawyer Discipline (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Frost) (commingling of funds, use of IOLTA trust account for personal and business expenses) (admission of bank records issue, improper subpoena) AFFIRMED: Opinion by Justice Frost Before Justice Frost 14-08-00526-CV George R. Neely v. Commission for Lawyer Discipline Appeal from 164th District Court of Harris County Trial Court Judge: Jack Hollis Robison DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00482-CV CHCA Bayshore LP d/b/a Bayshore Medical Center and Shinikee Atkins, LVN v. Margaret Mayfield and Robert Mayfield as Next friend for Margaret Mayfield Appeal from County Court at Law No 1 of Galveston County DISMISSED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00557-CV Wells Fargo Bank v. Elsie May Goodly, Et Al Appeal from County Court at Law #4 of Fort Bend County McNeill v. AMEX (Tex.App.- Houston [14th Dist.] Sep. 10, 2009)(per curiam) (appeal mooted by trial court's grant of motion to reconsider the summary judgment) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00691-CV Kenneth McNeil v. American Express Centurion Bank Appeal from County Civil Court at Law No 2 of Harris County In Re A&P Transportation Co., Inc. (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(per curiam denial) (compulsory counterclaim, not same deadline as for filing answer to original petition & citation) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00729-CV In Re A&P Transportation Co., Inc., Clayton Allen Potter, Toby Allen Potter, T.A. Potter Management, LLC, and Superior Nationwide Logistics, Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Criminal Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00178-CR Kenneth DeShun Woods v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00433-CR Ralph Arnold Jackson v. The State of Texas Appeal from 177th District Court of Harris County DISMISSED: Opinion by Justice Brown Before Justices Frost, Brown and Boyce 14-08-00456-CR Marvin Lee Alexander v. The State of Texas Appeal from 174th District Court of Harris County AFFIRMED: Opinion by Justice Brown Before Justices Seymore, Brown and Sullivan 14-08-00513-CR Alcides Melendez v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-08-00608-CR Tony Lamar Jackson v. The State of Texas Appeal from 241st District Court of Smith County AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00766-CR Darnell Thomas Celestine v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00401-CR Charles Ray Walton v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Guzman and Boyce 14-09-00546-CR In Re Gilbert Mireles Appeal from 183rd District Court of Harris County September 3, 2009 Civil Causes Decided: DISMISSED 9/3 9/3: Per Curiam Opinion Opinion Before Chief Justice Hedges, Justices Seymore and Sullivan 14-05-00157-CV Roger H. Broach and Courtney Smith v. Dwight E. Whitfield Individually and Dwight's Moving Company Inc., A Texas Corporation Appeal from 333rd District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Justices Anderson, Guzman and Boyce 14-09-00507-CV Murphey Harmon v. Lighthouse Capital Funding, Inc. Appeal from 190th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00565-CV Johnny Salas v. Julia Almanza Appeal from 80th District Court of Harris County (judge not identified on appellate docket) In Re Boxer Property Management Corp. (Tex.App.- Houston [14th Dist.] Sep. 3, 2009)(Boyce) (discovery mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Justices Anderson, Guzman and Boyce 14-09-00579-CV In Re Boxer Property Management Corporation and 9343 North Loop, L.P. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Boxer Property Management Corporation and 9343 North Loop, L.P. filed a petition for writ of mandamus asking this court to compel the presiding judge of the 133rd District Court of Harris County to vacate a June 16, 2009 order compelling the deposition of relators' corporate representative. Relators contend the deposition will invade the attorney work product privilege regarding their response to requests for production propounded by real parties in interest, Lynell Wells, individually, as the legal representative of the estate of her deceased husband, Marvin Wells, and as next friend of her minor child, Adrian D. Wells; Marvin Wells d/b/a M & E Transportation; Marvin G. Wells; and Shameka Wells (the "Wells plaintiffs"). We conditionally grant the writ. In Re Kastner (Tex.App..- Houston [14th Dist.] Sep. 3, 2009)(per curiam) (mandamus denied re indigency sought to be established with affidavit, discovery stay in the trial court) MOTION OR WRIT DENIED: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00653-CV In Re Kristofer Thomas Kastner Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Criminal Causes Decided: DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00494-CR Kobioyshi Raimnott King Jr. v. The State of Texas Appeal from 400th District Court of Fort Bend County DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00581-CR Dwight Leon Davis v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00582-CR Dwight Leon Davis v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED 9/3: Per Curiam Opinion 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 9/3: Per Curiam Opinion Before Justices Brock Yates, Frost and Brown 14-09-00713-CR Charles Henry Fowler v. The State of Texas Appeal from 178th District Court of Harris County September 1, 2009 Civil Causes Decided: In Interest of MV, MV and EV (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Yates) (child support arrearage based on nunc-pro-tunc judgment, amount of child support had not been filled in on the original order) (effective date of nunc pro tunc judgment as to support amount) (clerical error vs. judicial error, NPT order adding monthly amount to blank space on decree not deemed judicial error) (void judgments and orders) AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00418-CV In the Interest of M.V, M.V. and E.V. Appeal from 311th District Court of Harris County Trial Court Judge: DOUGLAS C. WARNE Brown v. Green (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Hedges) (legal malpractice, breach of fiduciary duty) (SJ for defendant affirmed) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00592-CV Willard E. Brown III v. George Maynard Green and Sheehy, Lovelace & Mayfield, P.C. Appeal from 74th District Court of McLennan County (name of judge not shown on docket) In Re Smotherman (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(per curiam mandamus denial) (mandamus petition was defective, errors to avoid when filing a petition for writ of mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00692-CV In Re David Smotherman Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: AFFIRMED: Opinion by Justice Brock Yates Before Chief Justice Hedges, Justices Brock Yates and Frost 14-08-00028-CR Ezekiel Harrell III v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00902-CR John Earnest Christ v. The State of Texas Appeal from 230th District Court of Harris County |