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December 2007 Decision and Opinion Release Dates: Dec. 4, 6, 13, 17, 18, 20, 21 December 2007 Civil Case Table Ex Parte Waller ISD (Tex.App.- Houston [1st Dist] Dec. 21, 2007)(Keyes)(local taxes, bond validation suit, challenge to school bonds by taxpayer) Arias v. Brookstone, LP (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Nuchia)(construction law, contractors, mechanic's lien, filing, bond) Rapid Settlements, Ltd. v. Gross (Tex.App.Houston [1st Dist.] Dec. 20, 2007)(Radack) (one paragraph DWOP opinion) Cypress Northwest Associates, Ltd v. Wayne Duddlesten, Ltd (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(real estate, deed restrictions, land development, BoC, restrictive covenant, deed) Zalud v. Schiro DDS (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings)(HCLC dental malpractice, expert report, partial record on appeal) Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft)(PI slip and fall) Anaheim Industries, Inc. v. GM Corp (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland)(commercial law, UCC, BoC, extracontractual claims, estoppel, misrepresentation)(foreign choice of law) Cole v. Hogan (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(probate law, lost will) Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley) breach of contract, counterclaim) McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(family law, SAPCR, MTM child support, voluntary underemployment) Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages) Executive Mortgage and Financial Services, Inc. v. Gallup (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam) (reporter's record unavailable, new trial granted, judgment set aside) Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (DTPA, products liability, warranty breach) Walters v. Cleveland Regional Med. Ctr. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(HCLC, limitations defense, discovery of injury, sponge left in body) Green v. Fort Bend ISD (Tex.App. - Houston [1st Dist.] Dec. 20, 2007)(Higley)(employment law, workers comp appeal, judicial review suit) Villegas v. Harris County (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland) (termination of employment, Title VII, Section 1983 due process denial) Gordon v. Godsey (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings)(real estate law, trespass to try title) Hotchkiss v. Alford (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam) (reversed, settlement) Sheik v. Sheikh (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Taft)(divorce, receivership, turnover) Landers v. State Farm Lloyd (Tex.App. - Houston [1st Dist.] Dec. 13, 2007)(Hanks)(insurance coverage, expert exclusion) Reece-Albert v. Contractor's Service Co. (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Hanks) (indemnity, reformation remedy) Midland Funding NCC-2 Corp. v. Azubogu (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Radack) (DWOP is without prejudice, sanctions complaint not preserved) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (family law, SAPCR, MTM, child support increase) Amtech Elevator Serv. Co. v. SDFB 1998-P1 Buffalo Speedway Office LP (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Keyes) (insurance, indemnity) Before Spencer v. Prime Site, Inc. (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Alcala)(towed car, SJ, evidence) Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks)(real estate law, easement by estoppel) Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement, appellate jurisdiction, timeliness of notice of appeal, extension) In re Michael Medina (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Hanks) (IME, mental injury, legal malpractice, multiple plaintiffs) N.N. a/n/f/ A.B. v. Institute for Rehab and Research (Tex.App.- Houston [1st Dist.] Dec. 5, 2007)(Alcala) DECEMBER 2007 RELEASED OPINIONS December 28, 2007 Civil Causes Decided: Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-06-00024-CR Rahkeen Jobar Coleman v. The State of Texas Appeal from 228th District Court of Harris County December 21, 2007 Civil Causes Decided: Ex Parte Waller ISD (Tex.App.- Houston [1st Dist] Dec. 21, 2007)(Keyes) (property tax law, bond validation suit, challenge to school bonds by taxpayer) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00900-CV Ex Parte Waller Independent School District Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Criminal Causes Decided: December 20, 2007 Civil Causes Decided: Arias v. Brookstone, LP (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Nuchia)(construction law, contractors, mechanic's lien, filing, bond) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-05-00746-CV Gustavo Arias d/b/a Gus Trucking Service v. Brookstone, L.P. and Liberty Mutual Insurance Company Appeal from 190th District Court of Harris County (The Honorable Jennifer Elrod) Rapid Settlements, Ltd. v. Gross (Tex.App.Houston [1st Dist.] Dec. 20, 2007)(Radack) (one paragraph DWOP opinion) DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-05-00757-CV Rapid Settlements, Ltd. v. Kenneth Ray Gross and Symetra Life Insurance Company., and Symetra Assigned Benefits Service Company Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Lynn Bradshaw-Hull) UPDATE: New opinion issued Feb. 21, 2008 see --> Cypress Northwest Associates, Ltd. v. Wayne Duddleston, Ltd II. (Tex.App. - Houston [1st Dist.] Feb. 21, 2008) Cypress Northwest Associates, Ltd v. Wayne Duddlesten, Ltd I (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(First, superseded opinion by Hanks)(real estate, land development, breach of contract, restrictive covenant, deed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Judge Wilson, Justices Hanks and Bland 01-05-00827-CV Cypress Northwest Associates, Ltd. v. Wayne Duddlesten, Ltd., and BC Alliance, Inc.Appeal from 127th District Court of Harris County (Judge Sharolyn Wood) Zalud v. Schiro DDS (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings)(HCLC dental malpractice, expert report, partial record on appeal) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00200-CV Lucille C. Zalud v. John Christian Schiro, D.D.S. Appeal from 400th District Court of Fort Bend County (Judge Clifford Vacek) Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft)(PI slip and fall) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00379-CV Elsa Garcia v. Packaged Ice, Inc., a/k/a Reddy Ice and Curtis Dean Bell, Individually and d/b/a Curtiss Dean Bell Distributing Company Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Anaheim Industries, Inc. v. GM Corp (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland)(commercial law, UCC, BoC, extra-contractual claims, estoppel, misrepresentation, Michigan law applied, choice of law clause) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00440-CV Anaheim Industries, Inc., Frank Gilchrist, Inc., d/b/a Texas Stagecoach of Houston v. General Motors Corporation Appeal from 55th District Court of Harris County (Judge Jeff Brown) Cole v. Hogan (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(probate law, lost will) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00477-CV Curtis Cole v. Ernestine Hogan Appeal from Probate Court No 2 of Harris County (Judge Mike Wood) Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley) breach of contract, counterclaim) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(SAPCR, MTM child support, voluntary underemployment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00634-CV Michael McLane v. Sandra Helene McLane Appeal from 309th District Court of Harris County (Judge Frank Rynd) Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00727-CV Kasey Schott v. Hubert Knight, G-P Development, Ltd. d/b/a Service Park, Central Parking Corporation, and Allright Parking System, Inc. a/k/a Central Parking System of Texas, Inc. Appeal from 270th District Court of Harris County (Judge Brent Gamble) Executive Mortgage and Financial Services, Inc. v. Gallup (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam) (reporter's record unavailable, new trial granted, judgement set aside) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-06-00761-CV Executive Mortgage and Financial Services., Inc. v. Charles E. Gallup Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R. Jack Cagle) Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (DTPA, products liability, warranty breach) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00823-CV Larry Gene Mott and Cheryl Ann Mott v. Red's Safe and Lock Services, Inc. d/b/a Red's Hardware and Security, and Red's True Value Hardware Appeal from 151st District Court of Harris County (Judge Caroline Baker) DISMISS APPEAL: Per Curiam (dismissed by appellant) Before Justices Nuchia, Jennings and Keyes 01-06-00967-CV Gaumnitz, Inc.; National Convenience Stores, Inc., Lessee; The Westcap Corp.; National Convenience Stores, Inc.; Stop 'N Go Markets of Texas, Inc.; Metropolitan Life Insurance Co.; Ayrshire Corp.; Sigmor Corp.; Diamond Shamrock Refining and Marketing Co v. Harris County Appraisal District - - Appeal from 55th District Court of Harris County (Judge Jeff Brown) Walters v. Cleveland Regional Med. Ctr. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(HCLC, limitations defense, discovery of injury, sponge left in body) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-01068-CV Tangie Walters v. Cleveland Regional Medical Center, et al Appeal from 125th District Court of Harris County (Judge John Coselli) Green v. Fort Bend ISD (Tex.App. - Houston [1st Dist.] Dec. 20, 2007)(Higley)(employment law, workers comp appeal, judicial review suit) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01157-CV Robert F. Green v. Fort Bend Independent School District Appeal from 240th District Court of Fort Bend County (Judge Thomas R. Culver, III) Villegas v. Harris County (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland) (termination of employment, Title VII, Section 1983 due process denial) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00031-CV David Villegas v. Harris County and Ron Hickman, Harris County Constable, Precinct 4 Appeal from 80th District Court of Harris County (Judge Kent Sullivan) Ruffino v. Unifund (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-07-00221-CV Sam Ruffino v. Unifund CCR Partners Assignee of First USA Bank Appeal from Co Civil Ct at Law No 3 of Harris County (Honorable Lynn Bradshaw-Hull) Gordon v. Godsey (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings)(real estate law, trespass to try title) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-07-00494-CV Ronald X. Gordon v. Flora Godsey Appeal from 234th District Court of Harris County (Judge Reece Rondon) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00651-CV Kristal Timish Walker a/k/a Kristal Timisha Walker v. Department of Family and Protective Services -- Appeal from 314th District Court of Harris County (Judge John Philips) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00815-CV Anthony Arpino and Arpino-Fellows Ventures, LLC v. Starlift Services, Inc. and Uretek (USA), Inc.--Appeal from 215th District Court of Harris County (Judge Levi Benton) Hotchkiss v. Alford (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam) (reversed, settlement) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Taft, Alcala and Higley 01-07-00936-CV Daphna Hotchkiss v. Tim and Melinda Alford Appeal from 344th District Court of Chambers County (Judge Carroll E. Wilborn, Jr.) In re Jeffers (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Jennings 01-07-01066-CV In re Meredith Jeffers Appeal from 257th District Court of Harris County (Judge Judy Warne) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Taft and Jennings 01-07-01067-CV In re Meredith Jeffers Appeal from 257th District Court of Harris County (Honorable Judy Warne) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00532-CR Garcia, Jr., Richard v. The State of Texas--Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00193-CR David Lee Cooper v. The State of Texas--Appeal from 177th District Court of Harris County DISMISS APPEAL: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00194-CR David Lee Cooper v. The State of Texas--Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Hanks and Higley) 01-06-00357-CR Juan Manual Chavez v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00579-CR Kenyon Demar Hurd v. The State of Texas--Appeal from 344th District Court of Chambers County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00620-CR Murral Glen Tadych v. The State of Texas--Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00705-CR Leonardo Mendoza Quinonez v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00706-CR Leonardo Mendoza Quinonez v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00707-CR Leonardo Mendoza Quinonez v. The State of Texas--Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00714-CR Ricky Edward Steele v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00744-CR Sam Henry Davis v. The State of Texas--Appeal from 240th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00811-CR John Edward Mouton v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00829-CR Brent Noland v. The State of Texas--Appeal from 12th District Court of Grimes County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00934-CR Belzora Poledore Birhiray v. The State of Texas--Appeal from County Court at Law No 1 of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-01023-CR Jesse Lee Robinson v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Taft, Hanks and Higley) 01-07-00050-CR Robert Amos Bogany v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00382-CR Daniel Chavez Parra v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00383-CR Daniel Chavez Parra v. The State of Texas--Appeal from 179th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-07-00412-CR Everett Dale Webb v. The State of Texas--Appeal from 21st District Court of Washington County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-07-00689-CR The State of Texas v. Everett Dale Webb--Appeal from 21st District Court of Washington County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00883-CR Antwon Brown v. The State of Texas--Appeal from 179th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-01025-CR James P. Davis v. The State of Texas--Appeal from 185th District Court of Harris County December 18, 2007 Civil Causes Decided: Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00982-CR In re John Patrick Winters--Appeal from 178th District Court of Harris County December 17, 2007 Civil Causes Decided: Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00946-CR In re Israel G. Romero--Appeal from 179th District Court of Harris County December 13, 2007 Civil Causes Decided: Sheik v. Sheikh (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Taft)(divorce, receivership, turnover) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-05-01022-CV Wasim Ahmed Sheikh v. Shama Sheikh Appeal from 311th District Court of Harris County (Hon. Doug Warne) Landers v. State Farm Lloyd (Tex.App. - Houston [1st Dist.] Dec. 13, 2007)(Hanks)(insurance coverage, expert exclusion) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00181-CV E. Dean Landers and Margaret F. Landers v. State Farm Lloyds and Reuben Quintero Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Reece-Albert v. Contractor's Service Co. (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Hanks) (indemnity, reformation remedy) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00700-CV Reece-Albert, Inc. v. Contractor's Service Company, Contractor's Service, Ltd., and Contractor's Service, Ltd. f/k/a Contractor's Service Company Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle) Midland Funding NCC-2 Corp. v. Azubogu (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Radack) (DWOP is without prejudice, sanctions complaint not preserved for appellate review) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00801-CV Midland Funding NCC-2 Corp. v. Josiah Azubogu Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (SAPCR, MTM, child support increase) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-01037-CV Henry Cleburne McMichael, IV v. Jackie McMichael Appeal from 311th District Court of Harris County (Hon. Doug Warne) Amtech Elevator Serv. Co. v. SDFB 1998-P1 Buffalo Speedway Office LP (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Keyes) (insurance, indemnity) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00401-CV Amtech Elevator Services Company v. CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership, LNR Partners, Inc. and MRIO, Inc., Moody Rambin Interests Inc. Appeal from 270th District Court of Harris County (Hon. Brent Gamble) In Re Reese (Tex.App. - Houston [1st Dist.] Dec. 13, 2007)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (order not included) Before Chief Justice Radack, Justices Alcala and Bland 01-07-00787-CV In re Roderick L. Reese Appeal from 246th District Court of Harris County (Hon. Jim York) In re Reese (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(per curiam denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (order complained of not attached to petition) Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00807-CV In re Roderick L. Reese Appeal from 55th District Court of Harris County (Hon. Jeffrey Brown) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Taft, Hanks and Higley) 01-06-01007-CR Daryl Jerome Robinson v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-07-00068-CR William Mansfield Gee v. The State of Texas--Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-07-00128-CR Lorenzo Dancy v. The State of Texas--Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-07-00147-CR Kelvin Lamont Peten v. The State of Texas--Appeal from 338th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00974-CR In re Richard Wayne Davison--Appeal from 230th District Court of Harris County December 6, 2007 Civil Causes Decided: DISMISS APPEAL: Per Curiam (DWOP after reinstatement following bankruptcy stay) (Before Justices Nuchia, Jennings and Keyes) 01-05-00602-CV Mildred L. Dick Lewis v. First Horizon Home Loan Corporation--Appeal from 25th District Court of Colorado County Spencer v. Prime Site, Inc. (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Alcala)(towed car, SJ, evidence) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00738-CV Donald E. Spencer v. Prime Site, Inc. Appeal from Co Crim Ct at Law No 4 of Harris County (Hon. Roberta Lloyd) Mitchell v. Garza II (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(op. on rehr'g by Hanks)(real estate law, easement by estoppel) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00959-CV Robert S. Mitchell and Leta M. Mitchell v. Arturo Garza Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement, appellate jurisdiction, timeliness of NoA, extension) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00081-CV Paul D. Bradley v. Milton Peters, Rodney Rice and Laura Rice Appeal from 21st District Court of Washington County (Hon. Terrill L. Flenniken) DISMISS APPEAL: Per Curiam (dismissal requested by appellant) (Before Justices Nuchia, Jennings and Keyes) 01-07-00640-CV Summers Group, Inc. v. Paige Electric Company, L.P. Appeal from 295th District Court of Harris County DISMISS APPEAL: Per Curiam (new trial granted in the court below) (Before Justices Nuchia, Jennings and Keyes) 01-07-00658-CV Angie Abbott v. Department of Family and Protective Services Appeal from 315th District Court of Harris County In re Michael Medina (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Hanks) (IME, mental injury, legal malpractice, multiple plaintiffs) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00747-CV In re Michael Medina, et al Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (additional TOs) Before Justices Taft, Hanks and Higley 01-07-00751-CV In re Robert Frickey Appeal from 312th District Court of Harris County (Hon. James D. Squier aka Jim Squier) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Taft, Hanks and Higley) 01-05-00814-CR Bezaley V. Jackson v. The State of Texas--Appeal from 258th District Court of Trinity County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Keyes and Higley) 01-06-00147-CR Avery Ray v. The State of Texas--Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00193-CR David Lee Cooper v. The State of Texas--Appeal from 177th District Court of Harris County DISMISS APPEAL: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00194-CR David Lee Cooper v. The State of Texas--Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00316-CR Rolando Ramos Macias v. The State of Texas--Appeal from 23rd District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00317-CR Rolando Ramos Macias v. The State of Texas--Appeal from 23rd District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00318-CR Rolando Ramos Macias v. The State of Texas--Appeal from 23rd District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00319-CR Rolando Ramos Macias v. The State of Texas--Appeal from 23rd District Court of Brazoria County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00544-CR Andrew Clarence Ford v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Jennings and Keyes) 01-06-00575-CR Mario Alberto Gonzalez v. The State of Texas--Appeal from 268th District Court of Fort Bend County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Hanks and Higley) 01-06-00806-CR Angela Renee Chenevert v. The State of Texas--Appeal from Co Ct at Law No 1 & Probate Ct of Brazoria County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-06-00995-CR Janet Niday AKA Janet Catchings v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-01060-CR Adrian Polina v. The State of Texas--Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-01078-CR Marla Annette Jones v. The State of Texas--Appeal from 400th District Court of Ft. Bend County December 5, 2007 Civil Causes Decided: N.N. a/n/f A.B. v. Institute for Rehab and Research (Tex.App.- Houston [1st Dist.] Dec. 5, 2007)(Alcala) (erroneously issued mandate recalled, joint motion to dismiss appeal) DISMISS APPEAL: Opinion by Justice Alcala (Before Justices Nuchia, Jennings and Alcala) 01-02-01101-CV N.N., Individually and a/n/f of A.B. v. The Institute for Rehabilitation and Research Appeal from 334th District Court of Harris County (Hon. J. Dale Wainwright) Criminal Causes Decided: None SAMPLE DOCKET SHEET INFORMATION: Case Information: Case Number: 01-07-00900-CV Date Filed: 10/17/2007 Style: Ex Parte Waller Independent School District v.: Original Proceeding: No Transferred From: Transfer In Date: Transfer Case No: Transferred To: Transfer Out Date: Trial Court Information: Trial Court: 155th District Court Trial Court Judge: Hon. Dan R. Beck Trial Court Case #: 070818984 Trial Court Reporter: Patricia Wagner Punishment: Parties: Party Party Type Charleston, DeWayne Appellant Waller Independent School District Appellee -------------------------------------------------------------------------------- Case Events: Date Event Type Description 11/26/2007 Docketing statement filed Appellant 11/21/2007 Set for submission on oral argument 11/13/2007 Motion for extension of time to file brief disposed Appellee 11/7/2007 Fee paid Appellee 11/7/2007 Motion for extension of time to file brief filed Appellee 11/7/2007 Brief filed - oral argument requested Appellee 11/7/2007 Case ready to be set 11/6/2007 Court fee due Appellant 11/5/2007 Appellees brief due 11/5/2007 Appellants brief due 11/2/2007 Motion for extension of time to file brief disposed Appellant 11/2/2007 Brief filed - oral argument requested Appellant 11/2/2007 Fee paid Appellant 11/2/2007 Record checked in Appellee 11/1/2007 Docketing statement due Appellant 11/1/2007 Record checked out Appellee 10/30/2007 Fee paid Appellant 10/30/2007 Motion for extension of time to file brief filed Appellant 10/30/2007 Response filed Appellee 10/29/2007 Appellants brief due 10/23/2007 Motion disposed Joint - Appellant and Appellee 10/22/2007 Reporters record filed Court Reporter 10/22/2007 Fee paid Joint - Appellant and Appellee 10/19/2007 Clerks record filed Appellant 10/18/2007 Motion filed Joint - Appellant and Appellee 10/17/2007 Notice of appeal received Appellant 10/17/2007 Case began in court of appeals 10/11/2007 Record due 10/2/2007 Judgment signed by trial court judge 10/1/2007 Notice of appeal filed in trial court Calendars: Set Date Calendar Type Reason Set 12/12/2007 10:30:00 AM Submission Oral argument |
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