May 2007 Decision and Opinion Release Dates: May 3, 2007, May 10, May 11, May 17, May 18, May 23, May 24, May 31, 2007 May 2007 Noted Civil Cases Table (with links to opinions) Pye's Auto Sales,Inc v. Gulf State Finance Co. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Nuchia)(corporate veil) Travelers Indemnity Co of Conn. v. Espinosa (Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks)(workers comp, atty fees Thomas v. CNC Investments, L.L.P (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)(premises liability, crime) Office of the Attorney General of Texas v. Joe v. Phillips Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks)(child support collection) Texas Alcoholic Beverage Commission v. Rodriguez d/b/a La Gaviota Nite Club (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack)(license) Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village (Tex.App.- Houston [1st Dist.] May 31, 2007, pet. denied)(Jennings)(default judgment, defective service) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack)(deed) Beistel v. Robert Theodore Allen, Jr. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(child support) Scott v. Farrar (Tex.App.- Houston [1st Dist.] May 31, 2007)(Keyes)(venue) Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(breach of contract, sworn account) Sambrano v. DFPS (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)(CPS, TDFPS, termination of parental rights) Blitz Holdings Corp. v. Grant Thornton, LLP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)(SJ damages) Christus Health/St. Joseph Hospital v. Price (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)(opinion on rehearing)(workers comp) Harris v. Winston (Tex.App. - Houston [1st Dist.] May 24, 2007)(Alcala) Ajudani v. Walker (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes)(ad litem fees) Hitchcock v. Board of Trustees, Cypress I.S.D. (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes)(teacher employment) Hickman v. Dudensing (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(DTPA, construction defect) Atchison v. Spawnmaxwell Co, LP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(BoC, defamation) Newgeni, Inc. v. Production Finance International, L.L.C. (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam)(DWOP, no activity for years) Ezirike v. Ezirike (Tex.App.- Houston [1st Dist.] May 17, 2007)(Alcala)(divorce,retirement plan) Ortiz v. Martinez (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(PI-auto jury) Winchek v. AMEX (Tex.App. - Houston [1st Dist.] May 17, 2007)(Higley)(debt) O'Connor v. O'Connor (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)(DR SAPCR) Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(condemnation) Chakey v. Chakey (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)(SAPCR) Enviropower v. Bear, Stearns & Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Hanks)(foreign judgment) Musselwhite v. Howard (Tex.App.- Houston [1st Dist.] May 10, 2007)(Alcala)(malicious prosecution) Rerich v. Lowe's Home Center, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Radack)(defamation, false imprisonment) Howard Vazandt Williams v. TDCJ-ID (Tex.App.-Houston [1st Dist.] May 10, 2007)(Alcala)(prisoner suit) Riga v. Commission for Lawyer Discipline (Tex.App.-Houston [1st Dist.] May 10, 2007)(Nuchia) Routis v. Clarendon America Ins. Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Higley)(insurance coverage, fire) HCAD v. Blue Flash Express, LLC (Tex.App.- Houston [ 1st Dist.] May 10, 2007)(Taft) Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(opinion on remand)(HCLC, standard of care, expert report; also see health care liability claim cases) Justice Jennings wrote separately in Marks v. St. Luke's Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala)(workplace safety) Interconex, Inc. v. Ugarov (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings McLean Bowers v. Speer Taylor (Tex.App. - Houston [1st Dist.] May 3, 2007)(Alcala)(UDJA, real estate law) Hardy v. Mann Frankfort Stein & Lipp (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala)(fees) He v. Jiang (Tex.App. - Houston [1st Dist.] May 3, 2007)(Keyes)(breach of contract, BoC, SoF, statute of frauds) Tejas Toyota, Inc. v. Coffman (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(DTPA auto service) Bowlder v. Metro (Tex.App.- Houston [1st Dist.] May 3, 2007)(Higley)(PI-auto, workers comp) For full case information, see below DETAILS FOR MAY 2007 DECIDED CASES May 31, 2007 Civil Causes Decided: Popal v. White-Tucker Company (Tex.App.- Houston [1st Dist.] May 31, 2007)(per curiam) DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-00557-CV Shah W. Popal v. White-Tucker Company Appeal from Co Civil Ct at Law No 2 of Harris County Pye's Auto Sales,Inc v. Gulf State Finance Co. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Nuchia)(corporate veil) (bizlaw, auto financing, individual capacity, DTPA, corporate veil) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Taft and Nuchia 01-05-00670-CV Pye's Auto Sales, Inc., and Sidney T. Pey, III, a/k/a Sidney Pye v. Gulf States Finance Company--Appeal from 151st District Court of Harris County (Hon. Caroline E. Baker) Travelers Indemnity Co of Conn. v. Espinosa (Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks)(workers compensation, atty fees, jurisdiction) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-00836-CV Travelers Indemnity Company of Connecticut v. Jesus Espinosa Appeal from 61st District Court of Harris County (Hon. John Donovan) Thomas v. CNC Investments, L.L.P (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft) (premises liability, assault, shooting, criminal] AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Alcala 01-05-00838-CV Craig Thomas, Karen Thomas, Kaitlin Thomas and Caroline Thomas v. CNC Investments, L.L.P.--Appeal from 190th District Court of Harris County (Judge Jennifer Elrod) Office of the Attorney General of Texas v. Joe V. Phillips Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks)[void judgment, past child support] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-00973-CV The Office of the Attorney General of Texas v. Joe V. Phillips Appeal from 311th District Court of Harris County (Judge Doug Warne) Texas Alcoholic Beverage Commission v. Rodriguez d/b/a La Gaviota Nite Club (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [license renewal denied] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-05-01092-CV Texas Alcoholic Beverage Commission v. Jesus Rodriguez d/b/a La Gaviota Nite Club--Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.) Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village (Tex.App.- Houston [1st Dist.] May 31, 2007, pet . denied 10/26/07)(Jennings)(substituted service on the Secretary of State was defective and the default judgment in this case cannot stand) [default judgment, defective service, real estate law, deed, constable sale, set aside] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00068-CV Marrot Communications, Inc. v. Town & Country Partnership d/b/a Town & Country Village- Appeal from 61st District Court of Harris County (Hon. John Donovan) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [real estate transaction law, suit to set aside constable sale deed, notice issue] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00240-CV Mark McCoy v. Renee Rogers and Timothy Rogers Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Beistel v. Robert Theodore Allen, Jr.(Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00246-CV Elizabeth Beistel v. Robert Theodore Allen, Jr. Appeal from 246th District Court of Harris County (Judge Jim York) Beistel v. Robert Theodore Allen, Jr. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(child support) [family law, child support, termination of wage withholding order] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00276-CV Elizabeth Beistel v. Robert Theodore Allen, Jr. Appeal from 246th District Court of Harris County (Hon. Jim York) (Tex.App.- Houston [1st Dist.] May 31, 2007)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland 01-06-00365-CV Approximately $20,986.00 v. The State of Texas Appeal from 55th District Court of Harris County Scott v. Farrar (Tex.App.- Houston [1st Dist.] May 31, 2007)(Keyes)(venue) [pro se prisoner IFP suit, venue) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00395-CV Michael Scott v. Joseph Farrar, Darryl Glenn and S. Whatley Appeal from 400th District Court of Ft. Bend County (Hon Clifford J. Vacek) Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(BoC, sworn account) [breach of contract, quantum meruit, sworn account suit, work for church, M&M lien) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00638-CV Pat K. Speck v. First Evangelical Lutheran Church of Houston, and Dry Bones Coffee House--Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block) (Tex.App.- Houston [1st Dist.] May 31, 2007)(per curiam) DISMISS APPEAL: Per Curiam [dismissed by appellant] Before Justices Nuchia, Hanks and Bland 01-06-00669-CV John J. McLaughlin v. Citibank (South Dakota), N.A. Appeal from Co Civil Ct at Law No 2 of Harris County Sambrano v. DFPS (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft)(CPS termination) [termination of parental rights, Anders brief] AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Alcala 01-06-00854-CV Irma Sambrano v. Department of Family and Protective Services- Appeal from 300th District Court of Brazoria County (Hon. W. Edwin Denman) Sambrano v. Department of Family and Protective Services (DFPS)(CPS) (Tex.App.- Houston [1st Dist.] May 31, 2007)(Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Alcala 01-06-00869-CV Irma Sambrano v. Department of Family and Protective Services Appeal from 300th District Court of Brazoria County (The Honorable W. Edwin Denman) (Tex.App.- Houston [1st Dist.] May 31, 2007) DISMISS APPEAL: Per Curiam [DWOP, nonpayment of fees] Before Justices Taft, Jennings and Alcala 01-06-00921-CV Terry Kincy v. Visiting Nurse Association of Houston, Inc. Appeal from 190th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007) DISMISS APPEAL: Per Curiam [DWOP nonpayment of fees] Before Chief Justice Radack, Justices Keyes and Higley 01-06-00957-CV Kimberly R. Sessum v. Fort Bend Independent School District and Texas Workers' Compensation Commission--Appeal from 268th District Court of Fort Bend County DISMISS APPEAL: Per Curiam [nonpayment DWOP] Before Justices Taft, Jennings and Alcala 01-06-01110-CV Dedrick T. Davis v. Lanisha Simon Appeal from 308th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007) DISMISS APPEAL: Per Curiam [DWOP nonpayment] Before Justices Taft, Jennings and Alcala 01-06-01127-CV Karen Kachar v. Department of Family and Protective Services Appeal from 257th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)(per curiam)(no opnion available) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Bland 01-07-00409-CV In re Roger Rodriguez--Appeal from 61st District Court of Harris County Criminal Causes Decided: (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-01201-CR Gilberto Cardoza v. The State of Texas--Appeal from 9th District Court of Waller County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Jennings and Alcala) 01-05-01027-CR Carl Edward Goodall v. The State of Texas--Appeal from 248th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00004-CR Pete Lavard Richardson v. The State of Texas--Appeal from 184th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Jennings and Alcala) 01-06-00034-CR Russell Lee Miller v. The State of Texas--Appeal from 228th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Alcala and Hanks) 01-06-00060-CR Taneesha Monique Sims v. The State of Texas--Appeal from 208th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00195-CR Ezra Charles Brown v. The State of Texas--Appeal from 228th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-00501-CR Timothy Darnell Raven v. The State of Texas--Appeal from 179th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-00502-CR Timothy Darnell Raven v. The State of Texas--Appeal from 179th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-00503-CR Timothy Darnell Raven v. The State of Texas--Appeal from 179th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Bland) 01-06-00519-CR Paulo Jose Sanchez v. The State of Texas--Appeal from 185th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00600-CR Renita Sue Barnes v. The State of Texas--Appeal from Co Crim Ct at Law No 12 of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-06-00800-CR John V. Yearwood v. The State of Texas--Appeal from Co Crim Ct at Law No 11 of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00131-CR Gary Dean Holland v. The State of Texas--Appeal from 209th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00295-CR Adam Cervantes Jr. v. The State of Texas--Appeal from 351st District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00341-CR Jamal Bingham v. The State of Texas--Appeal from 179th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 31, 2007)( DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00342-CR Jamal Bingham v. The State of Texas--Appeal from 179th District Court of Harris County May 24, 2007 Civil Causes Decided: Blitz Holdings Corp. v. Grant Thornton, LLP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)(SJ damages) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Jennings and Alcala 01-04-00627-CV Blitz Holdings Corp., and GMC Corporation, Ltd v. Grant Thornton, LLP, Deloitte & Touche, LLP, Chamberlain, Hrdlicka, White, Williams & Martin, LLP and C. Thomas Scott Appeal from 208th District Court of Harris County (Judge Hon. Tony Lindsay) Christus Health/St. Joseph Hospital v. Price (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)(opinion on rehearing) [workers comp, HIV, non-compensable injury) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00210-CV Christus Health/St. Joseph Hospital v. Angela Price Appeal from 268th District Court of Fort Bend County (Judge Hon. Brady G. Elliott) Harris v. Winston (Tex.App. - Houston [1st Dist.] May 24, 2007)(Alcala) [life insurance proceeds, interpleader, motion to recuse filed with wrong clerk] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00962-CV William Francis Harris v. Antionette Richardson Winston Appeal from Probate Court of Galveston County (Judge Hon. Gladys B. Burwell) Ajudani v. Walker (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes)(ad litem fees) [probate law, attorney ad litem fee appeal] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00089-CV Shirin Ajudani and Rosemary Shookoufandeh, Lana Dieringer v. Jimmy Walker Appeal from Probate Court No 1 of Harris County Hitchcock v. Board of Trustees, Cypress I.S.D. (Tex.App.- Houston [1st Dist.] May 24, 2007)(Keyes) [education law, employment case law, teachers, grievance] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00376-CV Judy Hitchcock v. Board of Trustees, Cypress-Fairbanks Independent School District--Appeal from 280th District Court of Harris County (Judge Hon. Tony Lindsay) Hickman v. Dudensing (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(DTPA, construction defect) [homeowner law, construction defect, DTPA, statute of limitations] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00458-CV David C. Hickman v. Royce Dudensing Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Atchison v. Spawnmaxwell Co, LP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(BoC, defamation) [breach of contract, defamation, summary judgment affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Jennings and Bland 01-06-00488-CV Burl Atchison v. Spawmaxwell Company, L.P., Steve Keffeler and Fred Maxwel - Appeal from 269th District Court of Harris County (Judge: The Honorable John T. Wooldridge) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland) 01-06-00584-CV Bill Russell, Sherri Russell and James Jones v. Allstate Texas Lloyds Insurance Company--Appeal from 295th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-06-00588-CV Henri Abiodun Lagoye v. Marc Pina Appeal from 280th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-06-00850-CV Comision Federal de Electricidad v. Smar International Corporation Appeal from 333rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland) 01-06-00923-CV Devonshire Real Estate and Asset Management, L.P. v. Houston Harris Division Patrol, Inc.--Appeal from 165th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-06-01013-CV Retina Johnson v. Department of Family and Protective Services Appeal from 310th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland 01-06-01095-CV Debra A. Sage v. Liberty Mutual Corporation Appeal from 270th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-06-01180-CV John P. Garrett v. Discover Bank Appeal from Co Civil Ct at Law No 4 of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Alcala and Hanks 01-07-00034-CV In Re Ralph O. Douglas Appeal from 129th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-07-00098-CV Jihad Foty and Nihad Foty v. Naushad Momin and Hajarat Kasamali Momin d/b/a M & M Brothers Corporation and/or Nasa Food Mart Appeal from 11th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-05-00508-CR Keith Garrett Kerr v. The State of Texas--Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Alcala and Hanks) 01-05-00646-CR Frank Jose Trejos v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Taft, Jennings and Alcala) 01-05-01135-CR Leonard Dewayne Polk v. The State of Texas--Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00146-CR Dennis Len Livings v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Alcala and Hanks) 01-06-00437-CR Jaime Lynn Gibson v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00577-CR German Funez Cardenas v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Justices Nuchia, Hanks and Bland) 01-06-00618-CR Kenneth Dewayne Walker v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00649-CR Arione Toliver v. The State of Texas--Appeal from 183rd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-06-00918-CR Ronnie Lynn Spears, Jr. v. The State of Texas--Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-06-00919-CR Ronnie Lynn Spears, Jr. v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00974-CR Melchor Maldonado Arzate v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00091-CR Sean Patrick Dominy v. The State of Texas--Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00102-CR Deborah Ann Comeaux v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00140-CR Luis Gerardo Moreno, Jr. v. The State of Texas--Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00141-CR Luis Gerardo Moreno, Jr. v. The State of Texas--Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00210-CR Tareq Tawfiq Samaneh v. The State of Texas--Appeal from 230th District Court of Harris County May 23, 2007 Civil Causes Decided: In re Jeffrey Michael Burns (Tex.App.-Houston [1st Dist.] May 23, 2007)(per curiam) [mandamus denied, JP Patronella] DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Jennings and Alcala 01-07-00420-CV In re Jeffrey Michael Burns Appeal from Co Civil Ct at Law No 1 of Harris County May 18, 2007 Civil Causes Decided: Hutchison v. Price (Tex.App.- Houston [1st Dist.] May 18, 2007)(untimely appeal, DWOJ) [pro se appeal, untimely years late] DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-05-00475-CV Anita Hutchison v. Jesse Price Appeal from 257th District Court of Harris County (Judge Hon. Linda Motheral) May 17, 2007 Civil Causes Decided: Newgeni, Inc. v. Production Finance International, L.L.C. (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam)(DWOP, no activity for years) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland 01-03-01046-CV Newgeni, Inc. v. Production Finance International, L.L.C. Appeal from 269th District Court of Harris County (Hon. John Thomas Wooldridge) Ezirike v. Ezirike (Tex.App.- Houston [1st Dist.] May 17, 2007)(Alcala)(DR retirement plan) [family law, divorce, suit for post-divorce division of community property, retirement benefits] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00090-CV Robert O. Ezirike v. Eucharia Ezirike Appeal from 328th District Court of Fort Bend County (Hon. Judge Ronald Pope) Ortiz v. Martinez (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(PI-auto jury) [PI auto jury instruction unavoidable accident instruction] AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-05-00984-CV Joe H. Ortiz, Mario H. Ortiz, Leonardo H. Ortiz, Juan Garcia & Ramon Hernandez Salas v. John Martinez--Appeal from 281st District Court of Harris County (Judge David J. Bernal) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-05-01079-CV Rhonda Wilson, Thomas Stevenson, et al. v. Sam Davis and the Amalgam Western Company, Inc.--Appeal from Co Civil Ct at Law No 1 of Harris County Winchek v. AMEX (Tex.App. - Houston [1st Dist.] May 17, 2007)(Higley)(debt) [debt collection, credit card suit] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00392-CV Mary Winchek v. American Travel Related Services Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Lynn Bradshaw-Hull) O'Connor v. O'Connor (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)(SAPCR) [family law access denial injunction psycho parent] AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Bland 01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor Appeal from 310th District Court of Harris County (Judge Lisa Millard) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-06-00667-CV Kimberley Lynn Nafeha v. Bassam Joseph Nafeha Appeal from 257th District Court of Harris County Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st Dist.] May 17, 2007)(Jennings)(condemnation) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Higley 01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb, Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb, Joseph McCrabb and Rebecca McCrabb--Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Judge Roberta A. Lloyd) Chakey v. Chakey (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)(SAPCR) [family law, SAPCR, waiver of citation, agreed decree] DISMISS APPEAL: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Bland 01-06-00848-CV Elizabeth Marie Chakey v. Zachary R. Chakey, Jr. and Dawn A. Chakey Appeal from 312th District Court of Harris County (Hon. James D. Squier) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Judge Wilson, Justices Nuchia and Hanks) 01-05-00842-CR Lamar Baskin v. The State of Texas Appeal from 338th District Court of Harris County Donovan v. State of Texas (Tex.App. - Houston [1st Dist.] May 17, 2007)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00946-CR David M. Donovan v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Hanks and Bland) 01-06-00145-CR Deidric Jamont Barriere v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-06-00173-CR Jose A. Vasquez v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00261-CR Frank Bernard Vinson v. The State of Texas Appeal from 228th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00286-CR Jose Raynundo Zapata v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00299-CR Ernesto Escamillo v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00372-CR Joynetta Yvette Blaine v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Hanks) 01-06-00780-CR Raymond Deon Hutch v. The State of Texas Appeal from 248th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-06-00804-CR Jose Mendoza v. Ex Parte Appeal from 253rd District Court of Chambers County ABATE CASE: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-01019-CR Jerry Lewis Ford v. The State of Texas Appeal from 338th District Court of Harris County ABATE CASE: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-01020-CR Jerry Lewis Ford v. The State of Texas Appeal from 338th District Court of Harris County ABATE CASE: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-01021-CR Jerry Lewis Ford v. The State of Texas Appeal from 338th District Court of Harris County ABATE CASE: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-06-01022-CR Jerry Lewis Ford v. The State of Texas Appeal from 338th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-01040-CR In re Joe Lee Simmons Appeal from 209th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00329-CR Antonio Hernandez Appeal from 248th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-07-00338-CR Cornelius Williams v. The State of Texas Appeal from 180th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00340-CR Funke Ajulo v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-07-00351-CR Patrick Heywood Davis v. The State of Texas Appeal from 180th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00394-CR In re Clyde E. Jerkins Appeal from 185th District Court of Harris County May 10, 2007 Civil Causes Decided: In re R. E. Campbell Company, Inc. (Tex.App. - Houston [1st Dist.] May 10, 2007)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Bland 01-04-01048-CV In re R. E. Campbell Campany Inc. Appeal from Co Civil Ct at Law No 4 of Harris County Enviropower v. Bear, Stearns & Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Hanks)(foreign judgment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01111-CV Enviropower, L.L.C. v. Bear, Stearns & Co., Inc. Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Musselwhite v. Howard (Tex.App.- Houston [1st Dist.] May 10, 2007)(Alcala)(malicious prosecution) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00839-CV Mike Musselwhite, Mike's Pools and Spas, Pat Stalsby and Amanda Watson v. John Howard and Terry Watson Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Rerich v. Lowe's Home Center, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Radack)(defamation, false imprisonment) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-05-01165-CV Terry Rerich v. Lowe's Home Center, Inc. Appeal from 149th District Court of Brazoria County (Judge Robert E. May) Howard Vazandt Williams v. TDCJ-ID (Tex.App.-Houston [1st Dist.] May 10, 2007)(Alcala)(prisoner suit) [prisoner suit dismissal] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-01177-CV Howard Vanzandt Williams v. TDCJ-ID Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Riga v. Commission for Lawyer Discipline (Tex.App.-Houston [1st Dist.] May 10, 2007)(Nuchia) [ILA, disciplinary case, recusal motion, order signed while motion pending void] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00239-CV Peter J. Riga and Michael Easton v. Commission for Lawyer Discipline Appeal from 151st District Court of Harris County (Judge Fowler) Routis v. Clarendon America Ins. Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Higley)(insurance coverage, fire) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00459-CV Konstantinos Routis, Duluth Restaurants, Inc., and/or KRMG Enterprises, Inc. as the Attorney in Fact of Duluth Restaurants, Inc. v. Clarendon America Insurance Company Appeal from 280th District Court of Harris County (Judge Tony Lindsay) Hegwood v. American Habilitation Services, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Nuchia) DISMISS APPEAL: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Bland 01-06-00460-CV Mark Anthony Hegwood, Individually, as Surviving Parent of Xavier Alexander Hegwood, and as Next Friend of Kamyra Faith Hegwood v. American Habilitation Services, Inc. d/b/a Thomas Care Center--Appeal from 129th District Court of Harris County In Re Leonard McCollum (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam dismissal) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Bland 01-06-00478-CV In re Leonard M. McCollum Appeal from 61st District Court of Harris County HCAD v. Blue Flash Express, LLC (Tex.App.- Houston [ 1st Dist.] May 10, 2007)(Taft) [tax appeals, suit for judicial review, exhaustion of administrative remedies, due process, notice] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-06-00783-CV The Harris County Appraisal District and the Harris County Appraisal Review Board v. Blue Flash Express, LLC, City of La Porte and La Porte Independent School District, and San Jacinto Community College District Appeal from 234th District Court of Harris County (Judge Reece Rondon) City of Houston v. R. Hassell Builders, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland 01-06-00845-CV The City of Houston, Texas v. R. Hassell Builders, Inc. Appeal from 165th District Court of Harris County Mona Lisa de la Pena v. Health South Corp. (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-06-00989-CV Mona Lisa De La Pena v. Health South Corporation Appeal from 190th District Court of Harris County Abdullah v. House of Spices (India), Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Bland 01-06-01015-CV Ed Abdullah and Abu Bilal v. House of Spices (India), Inc. Appeal from Co Civil Ct at Law No 1 of Harris County Snowden Engineering, Inc. v. Inland Deneral Construction Co. (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-07-00004-CV Snowden Engineering, Inc. v. Inland General Construction Co. Appeal from Co Civil Ct at Law No 1 of Harris County Selva v. Komp (Tex.App.-Houston [1st Dist.] May 10, 2007)(per curiam) 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 Keyes and Higley 01-07-00032-CV David Selva v. Annastascia Komp Appeal from 247th District Court of Harris County In re Albert Ortiz (Tex.App.- Houston [1st Dist.] May 10, 2007)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Bland 01-07-00284-CV In re Albert Ortiz and Robert Ortiz Appeal from 125th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-01163-CR Jarvis Lamont Morgan v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-06-00016-CR Kevin Edward Goodrich v. The State of Texas Appeal from 240th District Court of Fort Bend County DISMISS APPEAL: Per Curiam (Before Justices Taft, Alcala and Hanks) 01-06-00031-CR Jonathan Silva v. The State of Texas Appeal from County Court at Law No 3 of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-06-00042-CR S. A. Doris Washington, Jr. v. The State of Texas Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-06-00081-CR Efren Garcia v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Alcala and Hanks) 01-06-00133-CR Roscoe Randolph Jordan v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Bland) 01-06-00326-CR Dereskey Lashawn Hayden v. The State of Texas Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-07-00019-CR Courteland Prentice Congo v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-07-00046-CR Nicholas Coy Campos v. The State of Texas Appeal from 338th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Alcala and Hanks) 01-07-00286-CR DonJuan Charles Orr v. The State of Texas Appeal from 174th District Court of Harris County May 3, 2007 Civil Causes Decided: Marks v. St. Luke's Episcopal Hospital (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia)(opinion on remand)(HCLC, standard of care, expert report; also see health care liability claim cases) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Alcala 01-04-00228-CV Irving W. Marks v. St. Luke's Episcopal Hospital Appeal from 215th District Court of Harris Countyn (Judge Levi J. Benton) Justice Jennings wrote separately in Marks v. St. Luke's chiding the majority for mis-characterizing the premises defect claim as a health care liability claim Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala) [workplace injury, liability, no duty, take nothing] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00128-CV Ranger Conveying & Supply Company v. Daryl Davis Appeal from 61st District Court of Harris County (Judge John Donovan) William Earl Cunningham (Tex.App- Houston [1st Dist.] May 3, 2007)(Nuchia) DISMISS APPEAL: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-05-00423-CV William Earl Cunningham Appeal from 122nd District Court of Galveston County Interconex, Inc. v. Ugarov (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings) [jury, exclusion of evidence, causal nexus, arbitration] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-05-00524-CV Interconex, Inc., d/b/a Interdeaninterconex v. Nick Ugarov Appeal from 280th District Court of Harris County (Judge Tony Lindsay) McLean Bowers v. Speer Taylor (Tex.App. - Houston [1st Dist.] May 3, 2007)(Alcala) [UDJA, deed, mineral estate dispute, fee simple ownership, attorneys fees] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00667-CV Ruth McLean Bowers, Marrs McLean Bowman, Bonnie Bowman Korbell, Ruth Bowman Russell, Beth Bowman Harper and Margaret Bowman McMahon v. Betty Speer Taylor, Robert C. Barker, Jr., Charles H. Barker, David T. Speer, T.C. Craighead & Co., and Bank of America, N.A., as Trustee for the Katherine C. Holt Trusts f/b/o Robert C. Barker, Jr., Charles H. Barker, Betty Speer Taylor, David T. Speer,--Appeal from 212th District Court of Galveston County (Judge Susan Criss) DISMISS APPEAL: Per Curiam Before Justices Taft, Alcala and Hanks 01-05-00673-CV Glenn Emile Seureau, II v. Port of Houston Authority Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Alcala and Hanks 01-05-01026-CV Tommy F. Gibson, Sr. v. Texas Workforce Commission and Transport Drivers, Inc.--Appeal from 189th District Court of Harris County Hardy v. Mann Frankfort Stein & Lipp (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala) [attorneys fees] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-01080-CV Darlene L. Plumly, David Hardy, Brendan J. Fielding v. Mann Frankfort Stein & Lipp Advisors, Inc., and MFSL GP, LLC and MFSL Employment Investments, Ltd. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) DISMISS APPEAL: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-05-01140-CV Tiffany J. Koontz v. Citibank (South Dakota) N.A. Appeal from County Court at Law No 1 of Fort Bend County He v. Jiang (Tex.App. - Houston [1st Dist.] May 3, 2007)(Keyes) [breach of contract, statute of frauds] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00255-CV Shaoguang He v. Wen Hong Jiang Appeal from 190th District Court of Harris County (Judge Jennifer Elrod) Tejas Toyota, Inc. v. Coffman (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia) [consumer law, DTPA, auto service, oil change, attorneys fees] AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00347-CV Tejas Toyota, Inc. v. Lisa Coffman Appeal from 151st District Court of Harris County (Judge Caroline E. Baker) Bowlder v. Metro (Tex.App.- Houston [1st Dist.] May 3, 2007)(Higley) [Auto-PI, subrogation, workers comp, no answer default judgment] AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Keyes and Higley 01-06-00553-CV Michael David Bowler v. Metropolitan Transit Authority of Harris County, Texas Appeal from 127th District Court of Harris County (Judge Sharolyn P. Wood) Said v. Said and Phoenician Imports, Inc. (Tex.App.- Houston [1st Dist.] May 3, 2007)(Nuchia) (temporary injunction appeal, dispute by brothers over business) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-06-00763-CV Asif Said v. Azhar Said and Phoenician Imports, Inc. Appeal from 234th District Court of Harris County (Judge Reece Rondon) Harris County Hospital District v. Garrett (Tex.App.- Houston [1st Dist.] May 3, 2007)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-06-00782-CV Harris County Hospital District v. Autrey Garrett, Individually and as Next Friend of J.G., D.G., and S.G., minor children Appeal from 152nd District Court of Harris County (Judge Ken P. Wise) Raymond v. Raymond (Tex.App.- Houston [1st Dist.] May 3, 2007)(per curiam) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Nuchia, Keyes and Higley 01-06-00966-CV Brenda Green Raymond v. Frank Raymond, Jr. Appeal from 300th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-06-00988-CV Wave Tec Pools, Inc. v. Robert Garza and Olga Garza Appeal from 133rd District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Alcala and Hanks 01-07-00034-CV In Re Ralph O. Douglas Appeal from 129th District Court of Harris County DISMISS APPEAL: Opinion by Justice Nuchia Before Justices Nuchia, Keyes and Higley 01-07-00261-CV Asif Said v. Azhar Said and Phoenician Imports, Inc. Appeal from 234th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Alcala and Hanks) 01-05-00345-CR Michael Dewain Bourda v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-00952-CR Ramon Lorenzo David v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-01150-CR Ted Alaniz Williams v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01173-CR Wiley Eugene Martin v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01174-CR Wiley Eugene Martin v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01175-CR Wiley Eugene Martin v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-05-01176-CR Wiley Eugene Martin v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00206-CR Felix A. Ruiz v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00207-CR Felix A. Ruiz v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00208-CR Felix A. Ruiz v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Higley) 01-06-00472-CR Angel Tavera Balderas v. The State of Texas Appeal from Co Crim Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00494-CR Robert Cody Kellogg v. The State of Texas Appeal from 178th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00500-CR Robert Cody Kellogg v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00619-CR Alejandro Martinez v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00949-CR William Doyle Edenfield v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-01029-CR Jimmie Richardson v. The State of Texas Appeal from 339th District Court of Harris County Houston Opinions Home Page |
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