Decisions of the Fourteenth Court of Appeals in Houston
September 2009
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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  
Judges
Chief Justice
Hedges
Justice Yates
Justice Anderson
Justice Brown
Justice Sullivan
Justice Fowler (former)
Justice  Boyce
Justice Frost
Justice Seymore
Justice Guzman
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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