| February 2010 Decisions of the Fourteenth Court of Appeals in Houston [14th Dist.] 2010) HOUSTON OPINIONS |
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Opinion Release Dates: February 2, 4, 9, 11, 18, 23, 25, ___, 2010 JANUARY 2010 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN JAN 2010 Released Opinions February 25, 2010 Civil Causes Decided: Chase Home Finance, L.L.C. v. Cal Western Reconveyance Corp. (pdf)(Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(Frost) (lien priority, subrogation, rendition of a declaratory judgment) REVERSED AND REMANDED: Opinion by Justice Frost Before Judge Sears, Justices Brock Yates and Frost 14-08-00115-CV Chase Home Finance, L.L.C. v. Cal Western Reconveyance Corporation and Real Time Resolutions, Inc. Appeal from 405TH District Court of Galveston County Trial Court Judge: Wayne J. Mallia Allday Dental v. The Dental Solution (Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(Frost) (contract dispute over placement fees, argument that contract is illegal and thus unenforceable rejected) AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00746-CV Allday Dental & Amar Al-Kutob v. The Dental Solution Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Roberta Anne Lloyd Baros v. Baros (Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(per curiam) (divorce property dispute)(no community property accumulated during short marriage) AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00038-CV Waymond Troy Baros v. Melissa Baros Appeal from County Court at Law No 1 of Montgomery County [Name of trial court judge not shown on appellate docket] Harris County Flood Control District v. Great American Ins. Co. (Tex.App. - Houston [14th Dist.] Feb. 25, 2010)(Hedges) (plea to the jurisdiction governmental immunity, prompt payment act, quantum meruit) Appellant, Harris County Flood Control District, appeals from the denial of its plea to the jurisdiction on the claims of appellee, Great American Insurance Company, for quantum meruit and attorney’s fees. Because we conclude that appellant has not waived its immunity relative to those claims, we reverse and dismiss in part, affirm in part, and remand. AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Seymore and Senior Justice Margaret Mirabal 14-09-00571-CV Harris County Flood Control District v. Great American Insurance Company Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson Dissenting Opinion by Justice Mirabal in Harris County Flood Control Dist. v. Great American Ins. Co. (re immunity from liability and attorneys fees) DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00851-CV David Arrington v. Citibank (South Dakota, N.A.) Appeal from County Court at Law No 2 of Fort Bend County Trial Court Judge: Walter S. McMeans DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00859-CV Service Steel Warehouse Co., L.P. v. Samuel F. Eakin Appeal from 234th District Court of Harris County [identity of trial court judge not disclosed on the appellate docket] Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00940-CR Samuel Marcus Beckwith v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00149-CR Julio Torres Cortez v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00150-CR Julio Torres Cortez v. The State of Texas Appeal from 338th District Court of Harris County AFFIRMED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-00606-CR Brian Dexter Welch v. The State of Texas Appeal from 248th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Seymore, Brown and Sullivan 14-09-00627-CR In Re Lawrence McQueen v. The State of Texas Appeal from 180th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Frost and Brown 14-09-00989-CR In Re Somith Chindavong Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00013-CR Joshua Deangelo Cassaro v. The State of Texas Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-10-00074-CR Chandra Clarice Robinson v. The State of Texas Appeal from 339th District Court of Harris County February 23, 2010 Civil Causes Decided: UPDATE: SUPERSEDING OPINION --> WTG Gas Processing, LP v. ConocoPhillips Company (pdf) (Tex.App.- Houston [14th Dist.] Mar. 2, 2010) (Corrected superseding opinion by Seymore) WTG Gas Processing, LP v. ConocoPhillips Company (Tex.App.- Houston [14th Dist.] Feb. 23, 2010) (Seymore)(cross appeals, breach of contract and tortious-interference claims, no contract formed, statute of frauds, summary judgment affirmed) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00019-CV WTG Gas Processing, LP v. ConocoPhillips Company, Targa Field Services, LLC, Targa Resources Texas GP LLC, Targa Resouces, Inc., Targa Texas Field Services, LP and Warburg Pincus, LLC | Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Jensen v. Jensen (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Brown) (divorce property division, foreign spouse, international aspects of family/divorce law)(divorce property division affirmed) (community vs. separate property, reimbursement claim) Appellant Tammy C. Jensen appeals the property division in a divorce case. Tammy contends that the evidence does not support several of the trial court’s findings of fact and that these findings resulted in a manifestly unjust and unfair property division. She also contends that the trial court abused its discretion by awarding Barry Jensen one-half of the shares of stock from one of her accounts while allocating all of the associated debt to her and by denying her claim for reimbursement of her separate funds used for the down payment on their residence. We affirm. AFFIRMED: Opinion by Justice Jeff Brown Before Justices Brock Yates, Frost and Brown 14-08-00221-CV Tammy C. Jensen v. Barry Dale Jensen Appeal from 328th District Court of Fort Bend County Trial Court Judge: Ronald R. Pope Royal v. Harris County Constable (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost) (official immunity defense asserted in high-speed chase collision PI suit, TTCA no waiver of governmental unit's immunity to suit when officer establishes official immunity defense) AFFIRMED: Opinion by Justice Frost Before Justices Hudson, Frost and Brown 14-08-00551-CV Mary Royal and Ira Royal, Jr., Individually and As Next Friends of Ira Royal, III v. Harris County; Harris County Constable Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan Teel v. Shifflett (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Frost) (protective order against ex-girlfriend, same household finding affirmed, constitutional challenge not properly presented, intimate partner finding not supported by the pleadings or tried by consent) This is an appeal from a protective order entered against a man’s former girlfriend after the trial court determined that the former girlfriend committed family violence against him and was likely to commit family violence in the future. In four issues, the former girlfriend challenges (1) the constitutionality of the statute under which the protective order was issued, (2) a recitation in the judgment that the parties were “intimate partners” pursuant to 18 U.S.C. §§ 922(g)(8) & 921(a)(32), (3) the legal and factual sufficiency of the evidence to support a finding that the former girlfriend was a household member, and (4) the legal and factual sufficiency of the evidence to support a finding that family violence is likely to occur in the future. We modify the judgment to delete the intimate-partners finding and we affirm the trial court’s judgment as modified. AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-00836-CV Ashleigh Elise Teel v. Kenneth Richard Shifflett Appeal from 309th District Court of Harris County Trial Court Judge: David D. Farr Concurring Opinion by Justice Brock Yates in Teel v. Shifflett (no right to jury trial in suit for protective order under family code) Man Industries (INDIA), Ltd. v. Bank of Tokyo (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Yates) (interlocutory appeal from the trial court’s order denying special appearance as to the cross-claim, denial of special appearance affirmed; claim not severable) We conclude the trial court did not err in denying Man’s special appearance based on its conclusion that the Bank’s cross-claim is not severable. Because we have determined that the trial court had personal jurisdiction on this basis, we need not review Man’s remaining allegations regarding other potential bases for jurisdiction. We affirm the trial court’s order. AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Brown and Boyce 14-09-00362-CV Man Industries (INDIA) Ltd. v. Bank of Tokyo-Mitsubishi UFJ, Ltd. Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Zavadil v. Safeco Ins. Co. of Illinois (Tex.App.- Houston [14th Dist.] Feb. 23, 2010)(Mirabal) (tolling of limitations based on defendant's absence from state, no SoL tolling based on brief absences) REVERSED AND RENDERED: Opinion by Senior Justice Mirabal Before Chief Justice Hedges, Justices Anderson and Mirabal 14-09-00568-CV Jessica Zavadil v. Safeco Insurance Company of Ilinois Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle Criminal Causes Decided: AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Frost and Brown 14-08-00335-CR Derrick Nernell Hobbs v. The State of Texas Appeal from 359th District Court of Montgomery County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Mirabal 14-08-01138-CR Jason J. Winter v. The State of Texas Appeal from 263rd District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-10-00129-CR In Re William David Kelley Appeal from 339th District Court of Harris County February 18, 2010 Civil Causes Decided: Alattar v. Ganim (Tex.App.- Houston [14th Dist.] Feb. 18, 2010)(Hedges) (real estate transaction, statute of frauds applies and was not satisfied, judgment reversed and take- nothing judgment entered) REVERSED AND RENDERED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00756-CV Farouck (Frank) Alattar v. John Ganim Appeal from 400th District Court of Fort Bend County Trial Court Judge: Clifford J. Vacek Carlson v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 18, 2010)(Boyce) (appeal from grant of plea to the jurisdiction succeeds, district court’s order dismissing appellants’ case for want of jurisdiction reversed, statutory right to judicial review, building safety ordinance) REVERSED AND REMANDED: Opinion by Justice Bill Boyce Before Justices Frost, Boyce and Sullivan 14-08-01044-CV James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Compodonico, Sergio A. Lopez, Yan Wang and Hui Yao, Danial and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola v. City of Houston Appeal from 152nd District Court of Harris County Trial Court Judge: Ken Wise DISMISSED: Per Curiam (dismiss - nonpayment for record) Before Justices Frost, Boyce and Sullivan 14-09-00807-CV Patrick D. Bailey v. Chandra L. Bailey Appeal from 308th District Court of Harris County DISMISSED: Per Curiam (dismissed - record not paid for) Before Justices Frost, Boyce and Sullivan 14-09-00948-CV In the Interest of C.S., C.S., C.S., and O.B., Minor Children Appeal from 257th District Court of Harris County DISMISSED: Per Curiam (nonpayment - record) Before Justices Frost, Boyce and Christopher 14-09-00969-CV In the Interest of D.R.C. Jr., and D. R. C., Children Appeal from 245th District Court of Harris County DISMISSED: Per Curiam (failure to pay for record) Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-01015-CV In the Interest Of M.J.E.C, A.L.C., C.T.M., A.L.M., Children Appeal from 310th District Court of Harris County In re Clewis (pdf) (Tex.App.- Houston [1eth Dist.] Feb. 18, 2010)(per curiam denial) (defective mandamus petition denied re: abatement sought in suit, related probate matter) MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-10-00086-CV In Re Boris Twain Clewis Appeal from 269th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00123-CV In Re Billy Karl Hill Appeal from of County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00124-CV In Re Billy Karl Hill Appeal from of County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00125-CV In Re Billy Karl Hill Appeal from of County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00126-CV In Re Billy Karl Hill Appeal from 54th District Court of McLennan County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00127-CV In Re Billy Karl Hill Appeal from 54th District Court of McLennan County Criminal Causes Decided: REVERSED AND REMANDED: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00763-CR George Givens Miller v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Boyce 14-08-01101-CR The State of Texas v. Anthony Don Hutchinson Appeal from 21st District Court of Washington County AFFIRMED: Opinion by Justice Frost Before Justices Brock Yates, Frost and Brown 14-08-01157-CR Albert Vincent Thomas v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00067-CR Nakell Marie Butler v. The State of Texas Appeal from 12th District Court of Walker County AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00082-CR Jorge Humberto Franco v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00083-CR Jorge Humberto Franco v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00084-CR Jorge Humberto Franco v. The State of Texas Appeal from 209th District Court of Harris County AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00124-CR Alexander Oveal v. The State of Texas Appeal from 339th District Court of Harris County AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00130-CR Brian Rogers v. The State of Texas Appeal from 232nd District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-10-00105-CR In Re Steven Linares Appeal from 232nd District Court of Harris County February 11, 2010 Civil Causes Decided: Hatton v. D.R. Horton, Inc. (Tex.App.- Houston [14th Dist.] Feb. 11, 2010)(Christopher) (arbitration agreement held enforceable in appeal from final judgment, with reference to prior grant of mandamus relief on same facts and law) (arbitration in the employment context) AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00054-CV Brenda Hatton v. D.R. Horton, Inc. Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Jones v. Union Pacific RR Co. (Tex.App. - Houston [14th Dist.] Feb. 11, 2010)(per curiam dismissal) (appeal dismissed for noncompliance with terms of mediation order) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00541-CV Donald R. Jones, Sr. v. Union Pacific Railroad Company Appeal from 164th District Court of Harris County Trial Court Judge: Alexandra Smoots-Hogan In Re John D. Hanby (Tex.App.- Houston [14th Dist.] Feb. 11, 2010)(per curiam) (declaratory judgment counterclaims that mirrored plaintiff's causes of action were not independent claims that could survive nonsuit by plaintiff) (mandamus granted to vindicate plaintiff's right to nonsuit) MOTION OR WRIT GRANTED: Per Curiam Before Justices Brock Yates, Anderson and Boyce 14-09-00896-CV In Re John D. Hanby Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble In re United Production & Construction Services, Inc.(pdf)(Tex.App.- Houston [14th Dist.] Feb. 11, 2010) (per curiam)(denial of relator’s motion to dismiss for forum non conveniens) MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-10-00023-CV In re United Production & Construction Services, Inc Appeal from 164th District Court of Harris County Trial Court Judge: Alexandra Smoots-Hogan Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Christopher 14-08-01084-CR Jennifer Linda Zamora v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRMED: Opinion by Justice Boyce Before Justices Frost, Boyce and Sullivan 14-09-00120-CR Gerald Jerod Durden v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00818-CR Andrew Medina v. The State of Texas Appeal from 182nd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00079-CR Reginald K. Ricks v. The State of Texas Appeal from 263rd District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00094-CR Jose C. Lopez v. The State of Texas Appeal from 232nd District Court of Harris County February 9, 2010 Civil Causes Decided: Hernandez v. Labella (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Anderson) (breach of settlement agreement in attorney malpractice case, settlement agreement enforced) (fee forfeiture for breach of fiduciary duty by lawyer to client, election of remedies in breach of contract case, repudiation of settlement agreement, anticipatory repudiation, rescission of contract) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00327-CV Salomon Juan Hernandez v. Joseph Labella and LaBella Dennis & Associates, PLLC Appeal from 284th District Court of Montgomery County (name of trial court judge not shown on docket) Giannakopulos v. Eris (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Brown) (presentment of claim as condition precedent in attorney's fees claim based on breach of contract) AFFIRMED: Opinion by Justice Jeff Brown Before Justices Brock Yates, Frost and Brown 14-08-00566-CV Illas Giannakopulos v. Bill Eris Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Johnson v. Evans (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Hedges) (suit for partition of land, two-stage proceedings with two final judgments, effect of nonsuit) (amount of ad litem fee affirmed, ad litem attorney for defendants served by publication) AFFIRMED: Opinion by Chief Justice Adele Hedges Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00610-CV Gerald K. Johnson v. Christine Evans and Frederick M. Evans Appeal from 3rd District Court of Anderson County Trial Court Judge: Bascom W. Bentley In re Drake (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(per curiam) (mandamus challenging order granting new trial denied; default judgment was only partial, did not dispose of all claims in suit, thus there was no final judgment, unaddressed claims remained pending and court retained plenary power to set aside the default judgment) MOTION OR WRIT DENIED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-01058-CV In Re John Drake Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland Criminal Causes Decided: AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Seymore and Boyce 14-08-00660-CR Ernest Olivos v. The State of Texas Appeal from 180th District Court of Harris County AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00732-CR Thomas Ray Poole v. The State of Texas Appeal from 173rd District Court of Henderson County AFFIRMED: Opinion by Justice Sullivan Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00781-CR Joseph Manse Richard v. The State of Texas Appeal from 506th Judicial District Court of Grimes County MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-10-00080-CR In Re Ruben Hernandez Appeal from 337th District Court of Harris County February 4, 2010 Civil Causes Decided: Physio, Ltd v. Naifeh (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Yates) (employment law - wrongful termination; liability on Sabine-Pilot wrongful termination claim) Appellants appeal the trial court’s judgment holding them individually liable for firing appellee for the sole reason that she refused to perform an illegal act. See Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). Because we hold that the Sabine Pilot doctrine should not be extended to impose liability on individual employees rather than the plaintiff’s employer, we reverse and render. DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Hudson and Sullivan 14-08-00017-CV Physio GP, Inc., Physio, Ltd, Tanja Saadat and Shawn Saadat v. Natalie Naifeh Appeal from 295th District Court of Harris County Trial Court Judge: Tracy Kee Christopher Dissenting Opinion by Justice Hudson in Physio GP, Inc.v. Natalie Naifeh (Sabine Pilot claim against bosses individually should be viable) RRB Land Investmenst Ltd v. HCAD (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam) (only owner has standing to challenge property tax appraisal, application of Texas Rule of Civil Procedure 28 re substitution of true name for common name, dba) AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00317-CV RRB Land Investments Ltd., aka Cypresswood Venture I Ltd and Cypresswood Venture I Ltd, as the Property Owners v. Harris County Appraisal District Appeal from 269th District Court of Harris County Rose v. Bank (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam dismissal - no brief filed) DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-00510-CV Lucille C Rose v. Christina Bank and Trust Company, as Owner Trustee of Security Funding Trust Appeal from County Court at Law #4 of Fort Bend County Trial Court Judge: Sandy Bielstein NW Enterprises, Inc. v. City of Houston (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam) (temporary injunction appeal dismissed as moot, court may not render advisory opinions) DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-00561-CV N.W. Enterprises, Inc d/b/a Gaslight News & Video v. City of Houston Appeal from 133rd District Court of Harris County Trial Court Judge: Jaclanel McFarland In Re Continental Airlines, Inc. (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Seymore) (mandamus relief granted to quash deposition, apex disposition) The trial court abused its discretion by compelling the apex deposition of Larry Kellner. Accordingly, we conditionally grant Continental’s petition and direct the trial court to set aside its October 26, 2009 order compelling Kellner’s deposition. MOTION OR WRIT GRANTED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-09-00952-CV In Re Continental Airlines, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Mike Miller Gann v. Kamman (pdf) (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam) (failure to make arrangements to pay for the record) DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-00966-CV Sabrina Gann v. Alvin E. Kamman Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern In re Bishop (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Anderson) (habeas corpus, child support contempt order, revocation of suspension, void orders) Because both the contempt order and revocation orders are void, we grant relator’s petition for writ of habeas corpus, order relator released from the bond set by this court on November 24, 2009, and order relator discharged from custody. MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00990-CV In Re Jason Paul Bishop Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough Vo v. Doan (pdf) (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam dismissal) (no interlocutory appeal permitted from trial court's order granting mistrial) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-01009-CV Andrew T. Vo d/b/a Larry Vo, Viet Le, Tam Van Le, and Vo-Le, Inc. v. Ho Kim Doan Appeal from 129th District Court of Harris County Trial Court Judge: Michael Gomez Bui v. METRO of Harris County (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(per curiam dismissal) (attempted appeal from commissioners' award in condemnation case dismissed for lack of jurisdiction) DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-01064-CV Ngocdung Thi Bui, et al v. Metropolitan Transit Authority of Harris County Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle In re Tindall (Tex.App.- Houston [14th Dist.] Feb. 4, 2010)(per curiam denial of writ of prohibition) MOTION OR WRIT DENIED: Per Curiam 14-10-00093-CV In Re Marion H. Tindall, individually and d/b/a Cottage School System, Inc. and Cottage School System, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Kyle Carter Criminal Causes Decided: AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00390-CR Arsenio Carlos Clarke v. The State of Texas Appeal from 228th District Court of Harris County AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00154-CR Ryan Clay v. The State of Texas Appeal from County Criminal Court at Law No 4 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00392-CR Cassandra Violet McGuire v. The State of Texas Appeal from 212th District Court of Galveston County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00393-CR Cassandra Violet McGuire v. The State of Texas Appeal from 212th District Court of Galveston County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00415-CR Thomas Mutyevita Mulwa v. The State of Texas Appeal from 178th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00440-CR Muirajcio Argueta v. The State of Texas Appeal from 248th District Court of Harris County AFFIRMED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00445-CR Carlos Andre Guillory v. The State of Texas Appeal from 185th District Court of Harris County AFFIRMED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-09-00662-CR Santiago Garcia v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-01029-CR Leon Convarrubias v. The State of Texas Appeal from 179th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-09-01068-CR Travis Ashton Chambers v. The State of Texas Appeal from 339th District Court of Harris County Released Opinions February 2, 2010 Civil Causes Decided: Malallah v. Noble Logistic Services, Inc. (Tex.App. - Houston [14th Dist.] Feb. 2, 2010)(Christopher) (employment law, employment contract, statute of limitations, accrual of claim for SOL purposes) AFFIRMED: Opinion by Justice Christopher Before Chief Justice Hedges, Justices Anderson and Christopher 14-08-01030-CV Bader Malallah v. Noble Logistic Services, Inc. f/k/a Dedicated Services, Inc. and SRS Texas Holdings, LLC Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Shadwick In re Cooper Tire & Rubber Co. (pdf) (Tex.App. - Houston [14th Dist.] Feb. 2, 2010)(Anderson) (discovery mandamus granted, trade secrets) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00906-CV In Re Cooper Tire & Rubber Company Appeal from 127th District Court of Harris County Trial Court Judge: R.K. Sandill Criminal Causes Decided: AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Seymore and Sullivan 14-08-00697-CR Roderick Earl St. Julian v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRMED: Opinion by Justice Hudson Before Justices Hudson, Frost and Brown 14-08-00938-CR Marcus Clay Anderson v. The State of Texas Appeal from 337th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Christopher 14-09-00654-CR In Re George Johnson Appeal from Co Crim Ct at Law No 5 of Harris County DISMISSED: Per Curiam Before Justices Brock Yates, Seymore and Brown 14-10-00014-CR In Re Andre Lamond Morgan Appeal from 174th District Court of Harris County DISMISSED: Per Curiam Before Justices Frost, Boyce and Sullivan 14-10-00048-CR In Re James Thomas Green Appeal from 248th District Court of Harris County . |
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