| September 2010 Decisions of the Fourteenth Court of Appeals in Houston [14th Dist.] 2010) HOUSTON OPINIONS |
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Opinion Release Dates: September 1, 2, 7, 9, 14, 16, 20, 21, 22, 23, 28, 30 2010 SEPTEMBER 2010 DECISIONS WITH LINKS TO APPELLATE OPINIONS IN CIVIL CASES DETAILS FOR CASES DECIDED BY THE FOURTEENTH COURT OF APPEALS IN SEPTEMBER 2010 Released Opinions September 30, 2010 Civil Causes Decided: Zurita v. Lombana (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(Brown) AFFIRMED: Opinion by Justice Brown Before 14-08-00263-CV Victor M. Zurita, DDS, MS. Individually and d/b/a Heights Medical and Dental Clinic and Ana Zurita v. Fernando Lombana, M.D., and Houston Medical & Dental Center Corp. Appeal from 215th District Court of Harris County Simmons, Jannace & Stagg, LLP v. The Buzbee Law Firm (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(Brown) DISMISSED: Opinion by Justice Brown Before 14-09-00699-CV Simmons, Jannace & Stagg, LLP v. The Buzbee Law Firm Appeal from County Court at Law No. 3 of Galveston County Eaton Metal Products, LLC v. U.S. Denro Steels, Inc (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(Hedges) AFFIRMED: Opinion by Chief Justice Hedges Before 14-09-00757-CV Eaton Metal Products, L.L.C v. U.S. Denro Steels, Inc. d/b/a Jindal United Steels Corp; Jindal Saw Limited; Jindal Enterprises; Saw Pipes USA Inc; and John McLaren Appeal from 344th District Court of Chambers County Blade v. Stuart (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) REVERSED AND REMANDED: Per Curiam Before 14-09-00758-CV Jo Ann Stuart Blade v. Julius P. Stuart, Jr., "Jess" Julius Stuart, III and Clark Glinn Stuart Appeal from 400th District Court of Fort Bend County Won v. Fernandez (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(Yates) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before 14-09-00781-CV Jong Ik Won v. Francisco P. Fernandez Appeal from 281st District Court of Harris County Dompier v. Kennedy Roofing and Exteriors, Inc. (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00427-CV Dan Dompier & Katina Messerve v. Kennedy Roofing and Exteriors, Inc. Appeal from Co Civil Ct at Law No 1 of Harris County Brock v. Galveston Housing Authority (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00641-CV Margo Brock v. Galveston Housing Authority Appeal from County Court at Law No. 3 of Galveston County Sibley v. Eckhardt (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00643-CV Adriene L. Sibley v. Julia Victoria Eckhardt Appeal from Co Civil Ct at Law No 2 of Harris County Rivera v. All American Builders, Inc. (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00706-CV Mario De Jesus Rivera v. All American Builders, Inc., Gregoria Garcia and Landmark Commerical Constructors Appeal from 269th District Court of Harris County In Re Richard J. Plezia (Tex.App.- Houston [14th Dist.] Sep. 30, 2010)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before 14-10-00721-CV In Re Richard J. Plezia Appeal from 270th District Court of Harris County Criminal Causes Decided: Opinion by Justice Sullivan Before 14-09-00318-CR Jermaine LaJuane Womack v. The State of Texas Appeal from 82nd District Court of Falls County DISMISSED: Per Curiam Before 14-10-00230-CR Samuel Lee Jefferson v. The State of Texas Appeal from 185th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00886-CR Miles David Washington v. The State of Texas Appeal from 230th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00887-CR Miles Davis Washington v. The State of Texas Appeal from 230th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00889-CR In Re Paul Ross Appeal from 183rd District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before 14-10-00903-CR In Re Jack W. Chisum Appeal from 180th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00923-CR In Re James Dyer Appeal from 184th District Court of Harris County September 28, 2010 Civil Causes Decided: None Criminal Causes Decided: Junious v. The State of Texas (Tex.App.- Houston [14th Dist.] Sep. 28, 2010) Causes Decided: AFFIRMED: Opinion by Chief Justice Hedges Before 14-09-00400-CR Bilford Junious v. The State of Texas Appeal from 263rd District Court of Harris County September 23, 2010 Civil Causes Decided: Faucette v. Chantos (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Brown) Opinion by Justice Brown Before 14-08-00536-CV H. Frank Faucette and J. Lawrence Schadler v. Grace C. Chantos and A.J. Chantos & Associates, Inc. d/b/a Sarco of Texas Appeal from 151st District Court of Harris County Faucette v. Chantos (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Frost) CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Frost Before 14-08-00536-CV H. Frank Faucette and J. Lawrence Schadler v. Grace C. Chantos and A.J. Chantos & Associates, Inc. d/b/a Sarco of Texas Appeal from 151st District Court of Harris County Cressman Tubular Products Corporation v. Kurt Wiseman Oil & Gas Ltd (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Christopher) AFFIRMED: Opinion by Justice Christopher Before 14-08-01039-CV Cressman Tubular Products Corporation v. Kurt Wiseman Oil & Gas Ltd., and Escondido Petroleum, Inc. Appeal from 129th District Court of Harris County Hartford Life Insurance Company v. Rapid Settlements, LTD. (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Per Curiam) VACATED AND REMANDED: Per Curiam Before 14-09-00169-CV Hartford Life Insurance Company and Hartford Comprehensive Employee Benefit Service Company v. Rapid Settlements, LTD. Appeal from Co Civil Ct at Law No 1 of Harris County Kapoor M.D. v. The Estate of Margaret E. Klovenski (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Boyce) REVERSED AND REMANDED: Opinion by Justice Boyce Before 14-09-00963-CV Ashish Kapoor M.D. v. The Estate of Margaret E. Klovenski, Jake Kloveniski & Mary Hassler, Individually and as Next Friends Appeal from 113th District Court of Harris County In Re Continental Casualty Company (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(Anderson) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before 14-10-00709-CV In Re Continental Casualty Company Appeal from 240th District Court of Fort Bend County Criminal Causes Decided: Opinion by Justice Boyce Before 14-08-00696-CR Alfred Marbles v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRMED: Per Curiam Before 14-09-00769-CR John Andy Jones v. The State of Texas Appeal from 183rd District Court of Harris County DISMISSED: Per Curiam Before 14-10-00746-CR John Joseph Marrero v. The State of Texas Appeal from 230th District Court of Harris County MOTION OR WRIT DENIED: Per Curiam Before 14-10-00854-CR In Re Ahmad Peyravi Appeal from 339th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00869-CR In Re Jimmie Mark Parrott Appeal from 230th District Court of Harris County September 22, 2010 Civil Causes Decided: In Re Preston Croft (Tex.App.- Houston [14th Dist.] Sep. 23, 2010)(per curiam) AFFIRMED IN PART AND DENIED IN PART: Per Curiam Before 14-10-00106-CV In Re Preston Croft Appeal from 434th Judicial District Court of Fort Bend County Criminal Causes Decided: September 21, 2010 Civil Causes Decided: Anderson v. The City of Port Arthur (Tex.App.- Houston [14th Dist.] Sep. 21, 2010)(Frost) AFFIRMED AS MODIFIED: Opinion by Justice Frost Before 14-09-00029-CV Herman Anderson, Jr. v. The City of Port Arthur, Texas, Lawrence Baker Appeal from 58th District Court of Jefferson County Kim Combs d/b/a Moonvine Finacial Service v. Prosperity Bank (Tex.App.- Houston [14th Dist.] Sep. 21, 2010)(Sullivan) AFFIRMED: Opinion by Justice Sullivan Before 14-09-00639-CV Kim Combs d/b/a Moonvine Financial Services v. Prosperity Bank Appeal from 334th District Court of Harris County Galveston Independent School District v. Clear Lake Rehabilitation Hospital, LLC (Tex.App.- Houston [14th Dist.] Sep. 21, 2010)(Seymore) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Seymore Before 14-09-00950-CV Galveston Independent School District v. Clear Lake Rehabilitation Hospital, LLC Appeal from 55th District Court of Harris County Criminal Causes Decided: Opinion by Justice Brock Yates Before 14-09-00370-CR Kenneth Ray Robinson v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Brock Yates Before 14-09-00371-CR Kenneth Ray Robinson v. The State of Texas Appeal from 184th District Court of Harris County AFFIRMED: Opinion by Justice Frost Before 14-09-00755-CR Apolinar Liberato v. The State of Texas Appeal from 184th District Court of Harris County September 20, 2010 Civil Causes Decided: In Re Aker Kvaerner IHI (Tex.App.- Houston [14th Dist.] Sep. 20, 2010)(Sullivan) MOTION OR WRIT DENIED: Opinion by Justice Sullivan Before 14-10-00473-CV In Re Aker Kvaerner IHI Appeal from 55th District Court of Harris County Criminal Causes Decided: September 16, 2010 Civil Causes Decided: Settle v. Robert (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-07-00675-CV Barbara Youngs Settle v. John F. Robert, Independent Executor of the Estate of May Youngs, Deceased Appeal from Probate Court No 1 of Harris County Settle v. Robert (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-08-00250-CV Barbara Youngs Settle v. John F. Robert, Independent Executor of the Estate of May T. Youngs, Deceased Appeal from Probate Court No 1 of Harris County Swonke v. First Colony Community Service Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Hedges) OVERRULED: Opinion by Chief Justice Hedges Before 14-09-00019-CV Thomas Swonke and Christopher Goodrich v. First Colony Community Service Association, Inc. Appeal from 400th District Court of Fort Bend County Swonke v. First Colony Community Service Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Senior Justice Mirabal) CONCURRING: Concurring Opinion by Justice Mirabal Before 14-09-00019-CV Thomas Swonke and Christopher Goodrich v. First Colony Community Service Association, Inc. Appeal from 400th District Court of Fort Bend County McClure v. Kingwood Pines Hospital, LLC (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Boyce) AFFIRMED: Opinion by Justice Boyce Before 14-09-00339-CV Michelle McClure v. Kingwood Pines Hospital, L.L.C. and Horizon Health Corporation Appeal from 127th District Court of Harris County Settle v. Robert (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-09-00566-CV Barbara Young Settle v. John F. Robert, Independent Executor of the Estate of May Youngs, Deceased Appeal from Probate Court No 2 of Harris County In the Interest of C.L. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before 14-09-00643-CV In the Interest of C.L., a Child Appeal from 310th District Court of Harris County In the Interest of M.C.G. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Yates) AFFIRMED: Opinion by Justice Brock Yates Before 14-09-00644-CV In the Interest of M.C.G., A Child Appeal from 310th District Court of Harris County Owens v. Pharia LLC (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00446-CV Damon Owens v. Pharia L.L.C Appeal from Co Ct at Law No 2 & Probate Ct of Brazoria County In the Interest of S.S., S.S, C.P. and D.M.S.(Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00447-CV In the Interest of S.S., S.S, C.P. and D.M.S., Children Appeal from 247th District Court of Harris County Synergy Healthcare Management Service, Inc. v. Sterling (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00599-CV Synergy Healthcare Management Service, Inc., A Texas Corporation and Jack L. Manuel v. Leroy L. Sterling, MD, Individually & Leroy L. Sterling, MD, PA, a Texas Professional Association d/b/a Heart Associates of Texas Appeal from 80th District Court of Harris County Fox v. Sheridan (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00684-CV William Robert Fox v. Michelle Mae Sheridan Appeal from County Court at Law No 3 of Montgomery County In Re Charles E. Hutchinson (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00850-CV In Re Charles E. Hutchinson Appeal from 12th District Court of Walker County In Re Ted Lawrence Robertson (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before 14-10-00851-CV In Re Ted Lawrence Robertson Appeal from 247th District Court of Harris County In Re Ted Lawrence Robertson (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before 14-10-00853-CV In Re Ted Lawrence Robertson Appeal from 247th District Court of Harris County Criminal Causes Decided: AFFIRMED: Per Curiam Before 14-10-00173-CR Shun Ping Lin v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRMED: Per Curiam Before 14-10-00218-CR Rodney Earl Randolph v. The State of Texas Appeal from 180th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00691-CR David Wayne Giles v. The State of Texas Appeal from 359th District Court of Montgomery County DISMISSED: Per Curiam Before 14-10-00729-CR William Howard Cave v. The State of Texas Appeal from Co Crim Ct at Law No 7 of Harris County DISMISSED: Per Curiam Before 14-10-00783-CR Keith Curtis Lewis v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County September 14, 2010 Civil Causes Decided: Zeno Digital Solutions, LLC v. K Griff Investigations, Inc. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Yates) IN PART/REVERSED AND RENDERED: Opinion by Justice Brock Yates Before 14-09-00473-CV Zeno Digital Solutions, L.L.C. v. K Griff Investigations, Inc. Appeal from County Civil Court at Law No 3 of Harris County In Re Park Memorial Condominium Association, Inc. (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Sullivan) MOTION OR WRIT GRANTED: Opinion by Justice Sullivan Before 14-10-00430-CV In Re Park Memorial Condominium Association, Inc., Sameer Soleja, Lynn Tibbe, Michael Kirk, Barbara Belbot, and Jonathan Simon Appeal from 133rd District Court of Harris County Criminal Causes Decided: September 9, 2010 Civil Causes Decided: Rapid Settlements, Ltd v. Settlement Funding, LLC (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(Boyce) IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce Before 14-09-00637-CV Rapid Settlements, Ltd v. Settlement Funding, LLC d/b/a Peachtree Settlement Fund Appeal from 113th District Court of Harris County Matherne v. Indymac Bank (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00545-CV G. P. Matherne v. Indymac Bank, F.S.B., Woodway Camption Ltd Appeal from 125th District Court of Harris County Barriere v. American Service Mortgage Company (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00617-CV Sharon Warneice Littlefield Barriere v. American Service Mortgage Company Appeal from 56th District Court of Galveston County In Re Guardianship of Troy Wetsel Dorrell (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) DISMISSED: Per Curiam Before 14-10-00751-CV In Re Guardianship of Troy Wetsel Dorrell, an Incapacitated Person Appeal from Probate Court No 3 of Harris County In Re Ralph O. Douglas (Tex.App.- Houston [14th Dist.] Sep. 16, 2010)(per curiam) MOTION OR WRIT DENIED: Per Curiam Before 14-10-00820-CV In Re Ralph O. Douglas Appeal from 129th District Court of Harris County Criminal Causes Decided: AFFIRMED: Per Curiam Before 14-09-00829-CR Blake Joseph Smith v. The State of Texas Appeal from 337th District Court of Harris County AFFIRMED: Per Curiam Before 14-09-00830-CR Blake Joseph Smith v. The State of Texas Appeal from 337th District Court of Harris County DISMISSED: Per Curiam Before 14-10-00563-CR Lucas Coe v. The State of Texas Appeal from 232nd District Court of Harris County DISMISSED: Per Curiam Before 14-10-00828-CR Valdemar M. Ramirez v. The State of Texas Appeal from 351st District Court of Harris County September 7, 2010 Civil Causes Decided: Criminal Causes Decided: DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00482-CR In Re Standard Parking Corporation and S. Michael McColloch Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00483-CR In Re Standard Parking Corporation and S. Michael McColloch Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00484-CR In Re Standard Parking Corporation and S. Michael McColloch Appeal from 228th District Court of Harris County DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Boyce 14-10-00485-CR In Re Standard Parking Corporation and S. Michael McColloch Appeal from 228th District Court of Harris County September 2, 2010 Civil Causes Decided: Cerda v. Soltani (Tex.App.- Houston [14th Dist.] Sep. 2, 2010)(per curiam) Per Curiam Before Justices Anderson, Frost and Brown 14-10-00602-CV Pedro Delgadillo Cerda and Leticia Martinez, as husband and wife v. Russell Soltani, Individually and d/b/a Atlantic Car Group, Inc Appeal from 165th District Court of Harris County In the Interest of K.A.M.D (Tex.App.- Houston [14th Dist.] Sep. 2, 2010)(per curiam) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00730-CV In the Interest of K.A.M.D., a Minor Child Appeal from 300th District Court of Brazoria County Criminal Causes Decided: DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00551-CR Michelle Denice Butler v. The State of Texas Appeal from 248th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00671-CR Andre R. Bailey v. The State of Texas Appeal from 359th District Court of Montgomery County DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00781-CR In Re Robert Mitchell Alexander Appeal from 176th District Court of Harris County DISMISSED: Per Curiam Before Justices Anderson, Frost and Brown 14-10-00782-CR In Re Ronald Lee Alexander Appeal from 176th District Court of Harris County September 1, 2010 Civil Causes Decided: Criminal Causes Decided: DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Sullivan 14-10-00826-CR In Re Michael Wayne Barnes Appeal from 183rd District Court of Harris County |
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