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October 2007 Decision and Opinion Release Dates: Oct 4, 5, 11, 18, 24, 25, 29, 30 October 2007 Civil Case Table In re Hearst Newspapers Partnership LP (Tex.App.- Houston [1st Dist.] Oct. 30, 2007)(Alcala)(con law, first amendment, jury gag order lifted) In Re Alvarez (Tex.App.- Houston [1st Dist.] Oct. 29, 2007)(per curiam)(discovery, no blanket assertion of fifth amendment privilege in civil case) Blitz Holding Corp v. Grant Thornton (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)(securities, proving damages) Kim v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Hanks)(insurance law, duty to notify insurer of claim) Daimler Chrysler Ins. Co. v. Apple (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)(insurance coverage dispute, breach of contract) St. Raphael Medical Clinic, Inc. Mint Medical Pysician Staffing (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Jennings) Urista v. Bed, Bath & Beyond (Tex.App.- Houston [1st Dist.] Oct. 18. 2007)(Alcala)(opinion on rehearing post-remand from Texas Supreme Court)(PI, jury issues) City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas Supreme Court, see City of Houston v. Allco, Inc., 206 S.W.3d 113 (Tex. 2006)(waiver of immunity to breach of contract claim) Alazov . Chmeleva (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, alternative, service, notice of appeal untimely, no jurisdiction to entertain appeal) Philips v. Philips (Tex.App.- Houston [1st. Dist.] Oct. 18, 2007)(Hanks)(Rule 12 motion, MNT) Scott v. Wichita County (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(venue, prisoner suit) Hayes v. Wells Fargo Bank (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Radack)(business law, debt, promissory note, balloon payment) Fellows v. Adams (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(default judgment, service by certified mail, insufficient proof of unliquidated damages) Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, property, life insurance beneficiary) Mitchell v. Garza (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(real estate law, easement by estoppel, attorneys fees) Milkowski v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(termination of parental rights, drugs, jury trial, ineffective assistance of counsel claim) Waller County, Texas v. Simmons (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Taft)(government entity law, tax suit, attorney's fees, sovereign immunity) Cox v. Southern Garrett, LLC (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(business organization law, membership, breach of fiduciary duty, corporate veil) Sanchez v. Davenport (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Alcala)(post-answer default, appearance, notice of trial setting, civil assault claim) Uche, M.D. v. Allison (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(HCLC, special appearance) In Interest of J.A.G. (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Bland)(juvenile sex crime) Hartman v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Nuchia)(tax protest case, judicial review) UTHSCH v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Taft)(HCLC, expert report, ILA) H & L Mortgage, Inc. v. Elwood (Tex.App.- Houston [1st Dist.] Oct 11, 2007)(Radack)(nonsubstantive signed opinion) Orion Refining Corp. v. UOP (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Radack)(BoC, foreign state law) TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(TTCA, sovereign immunity, ILA) Crowder v. Crowder Estate Trust (Tex.App.- Houston [1st Dist.] Oct. 4, 1007)(Radack)(release) In re E.B.R. (Tex.App.- Houston [1st Dist.] Oct. 4, 2007))(Higley)(juvenile) Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(forcible detainer) UTHSC Houston v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 4, 2007, pet. filed )(Taft) (HCLC, expert report) Decided Cases With Links to Civil Case Opinions October 30, 2007 Civil Causes Decided: In re Hearst Newspapers Partnership LP (Tex.App.- Houston [1st Dist.] Oct. 30, 2007)(Alcala)(civil liberties, first amendment, free speech and press, order prohibiting jurors from speaking about case set aside) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-07-00866-CV In re Hearst Newspapers Partnership, L.P. and Galveston County Daily News Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss) Criminal Causes Decided: October 29, 2007 Civil Causes Decided: In Re Alvarez (Tex.App.- Houston [1st Dist.] Oct. 29, 2007)(per curiam)(pretrial discovery, assertion of fifth amendment privilege against self-incrimination in civil proceeding, no blanket invocation) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00569-CV In re Luis Alonzo Alvarez Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) October 25, 2007 Civil Causes Decided: Blitz Holding Corp v. Grant Thornton (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(opinion on rehearing by Justice Elsa Alcala)(accounting malpractice, misrepresentation, securities law, restructuring of debt, financial transactions, proof of 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 [280th] District Court of Harris County (Hon. Tony Lindsay) Kim v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Hanks)(insurance claim, failure to notify, prejudice, no actual notice) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-05-01112-CV John Kim, as Receiver for Dale McPherson d/b/a Jamac Services, Inc., (Judgment Debtor to Sharon Berryman) v. Farmers Insurance Exchange Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Daimler Chrysler Ins. Co. v. Apple (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)(insurance coverage dispute, breach of contract, indemnity) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-01115-CV Diamler Chrysler Insurance Company f/k/a Chrysler Insurance Company v. Jack Apple, Jr. and Greenspoint of Dodge of Houston, Inc. Appeal from 295th District Court of Harris County (Hon. Tracy Christopher) St. Raphael Medical Clinic, Inc. Mint Medical Pysician Staffing (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00983-CV St. Raphael Medical Clinic, Inc. v. Mint Medical Physician Staffing, LP d/b/a Prime Staff Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. Jack Cagle) Polk v. Kroger Co. (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(per curiam)(dismissal for failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00007-CV Linda Polk v. The Kroger Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Polk v. Kroger Co. (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(per curiam)(case dismissed for failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00007-CV Linda Polk v. The Kroger Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) DISMISS APPEAL: Per Curiam (DWOP, failure to file appellate brief) (Before Justices Taft, Hanks and Higley) 01-07-00269-CV Wanda Holt Torrance v. Anthony Ross Appeal from Probate Court No 2 of Harris County (Hon. Mike Wood) DISMISS APPEAL: Per Curiam (on unopposed motion to dismiss) Before Justices Taft, Hanks and Higley 01-07-00524-CV Baylor College of Medicine, Charles Reitman, M.D., Aaron Eubanks, M.D., Francis Welsh, M.D., and Andrew Ebert, M.D., and Kevin J. Coupe, M.D. v. Melodee Reese, Individually and Representative of the Estate of James Reese, and Jeremy Reese, Rachel Reese and Alicia Reese--Appeal from 113th District Court of Harris County (Hon. Patricia Hancock) DISMISS APPEAL: Per Curiam (fees not paid) (Before Justices Taft, Hanks and Higley) 01-07-00615-CV Paulette Hawkins and Robert Hawkins v. Meridian Townhome Owners Association Inc.--Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) DISMISS APPEAL: Per Curiam (nonpayment of fees) (Before Justices Taft, Hanks and Higley) 01-07-00619-CV Cindy Campbell, Individually, and as Guardian of the Person and the Estate of Frank Brown v. Liberty Island Adult Daycare, Inc., et al Appeal from 334th District Court of Harris County (Hon Sharon McCally) DISMISS APPEAL: Per Curiam (voluntary dismissal) Before Justices Taft, Hanks and Higley 01-07-00635-CV All Cleaning Equipment, LLC v. Atex Enterprises, Inc. Appeal from 189th District Court of Harris County (Hon. William R. Burke, Jr.) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (severance order) Before Justices Nuchia, Jennings and Keyes 01-07-00707-CV In re Union Carbide Corporation and Radiator Specialty Company Appeal from 212th District Court of Galveston County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (lis pendens) Before Justices Taft, Hanks and Higley 01-07-00881-CV In re Akram Mohammad and Nasreen A. Mohammad Appeal from 333rd District Court of Harris County (Hon. Joseph J. Halbach, Jr.) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00295-CR Komlanvi Edoh v. The State of Texas--Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Nuchia, Jennings and Keyes) 01-06-00855-CR Steven Douglas Walmer v. The State of Texas--Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00912-CR LaKeshia Stallworth v. The State of Texas--Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-01101-CR Eric Jimenez v. The State of Texas--Appeal from 180th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00828-CR Paul Anthony Gray v. The State of Texas--Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00829-CR Paul Anthony Gray v. The State of Texas--Appeal from 263rd District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-07-00852-CR In re Jerome Clark--Appeal from 182nd District Court of Harris County October 24, 2007 Civil Causes Decided: Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Keyes and Higley) 01-06-00230-CR Victor Lamont Mims v. The State of Texas--Appeal from 209th District Court of Harris County October 19, 2007 Civil Causes Decided: Criminal Causes Decided: DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-06-00644-CR Thomas Nathan Terrell v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Jennings and Alcala) 01-06-00675-CR Thomas Nathan Terrell v. The State of Texas--Appeal from 179th District Court of Harris County October 18, 2007 Civil Causes Decided: Urista v. Bed, Bath & Beyond (Tex.App.- Houston [1st Dist.] Oct. 18. 2007)(Alcala)(opinion on rehearing post-remand from Texas Supreme Court)(personal injury, PI, jury issues) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-02-00150-CV Urista, Rafael v. Bed, Bath & Beyond, Inc. Appeal from 234th District Court of Harris County (Hon. Reece Rondon) City of Houston v. Allco, Inc. (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(post-remand from Texas Supreme Court, see City of Houston v. Allco, Inc., 206 S.W.3d 113, 114 (Tex. 2006)(waiver of immunity to breach of contract claim) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-02-00812-CV City of Houston v. Allco, Inc -Appeal from 80th District Court of Harris County (Hon. Kent C. Sullivan) We conclude that the damages sought and awarded by the trial court were permitted by Local Government Code section 271.153(a)(1). We hold that the City's immunity from suit is statutorily waived with respect to Allco's breach of contract claim. DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-06-00438-CV Campbell Concrete & Materials, L.P. v. Leroy Haws, Mary Haws, and Foundation Savers, Inc.--Appeal from Co Civil Ct at Law No 1 of Harris County Alazov . Chmeleva (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, alternative, service, notice of appeal untimely, no jurisdiction to entertain appeal) DISMISS APPEAL: Per Curiam Before Justices Taft, Hanks and Higley 01-06-00511-CV Andrei Almazov v. Marina Chmeleva Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Philips v. Philips (Tex.App.- Houston [1st. Dist.] Oct. 18, 2007)(Hanks)(Rule 12 motion, motion for new trial, MNT) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00526-CV Patricia Phillips v. Charles T. Phillip Appeal from Co Civil Ct at Law No 3 of Harris County (Hon. Roy M. Quintanilla) Scott v. Wichita County (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(venue, prisoner suit) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00527-CV Michael Scott v. Wichita County and Wichita County District Attorney Barry Macha--Appeal from 400th District Court of Ft. Bend County (Hon. Clifford J. Vacek) Hayes v. Wells Fargo Bank (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Radack)(biz law, debt, promissory note, balloon payment) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00720-CV Leroy Hayes, Jr. v. Wells Fargo Bank, N.A. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Fellows v. Adams (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(default judgment, service by certified mail, insufficient proof of unliquidated damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00924-CV Kerry G. Fellows v. Rasheed Adams Appeal from 127th District Court of Harris County (Hon. Sharolyn Wood) Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, life insurance beneficiary) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00940-CV Patsy Chapman v. Rachel K. Abbot, Treva J. Burks, Rebecca A. Sheehan Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Mitchell v. Garza (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Hanks)(real estate law, easement by estoppel, attorneys fees) 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) Milkowski v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Higley)(termination of parental rights, drugs, jury trial, ineffective assistance of counsel claim) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-07-00011-CV Ian Mikowski and Toni English v. Department of Family and Protective Services Appeal from 306th District Court of Galveston County (Hon. Janis L. Yarbrough) Waller County, Texas v. Simmons (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Taft)(government entitity law, tax suit, attorney's fees, sovereign immunity) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00180-CV Waller County, Texas v. Oscar Simmons a/k/a Oscar C. Simmons Appeal from 9th District Court of Waller County (Hon. Frederick Edwards) DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00553-CV Chaney N. Andy v. Fast Tow Wrecker, et al--Appeal from Co Civil Ct at Law No 3 of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-05-00996-CR Antwaune Leonte Fisher v. The State of Texas--Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-05-00997-CR Antwaune Leonte Fisher v. The State of Texas--Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01005-CR Candido Santos v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00137-CR Gerrone Anthony Roberts v. The State of Texas--Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Jennings and Keyes) 01-06-00401-CR Robert Earl Williams v. The State of Texas--Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00479-CR Calixto Garcia v. The State of Texas--Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-06-00677-CR Wainer Renteria v. The State of Texas--Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Taft, Hanks and Higley) 01-06-00903-CR Lisa Barfield v. The State of Texas--Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Nuchia, Hanks and Bland) 01-07-00142-CR Rafael Sifuentes v. The State of Texas--Appeal from 182nd District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00752-CR In re Gerald E. Gilbert--Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00777-CR Marshall McDonald v. The State of Texas--Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-07-00784-CR Barry Gardner Denton v. The State of Texas--Appeal from 177th District Court of Harris County October 11, 2007 Civil Causes Decided: Cox v. Southern Garrett, LLC (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(business organization law, membership, breach of fiduciary duty, corporate veil, AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-05-01091-CV George Thomas Cox v. Southern Garrett, L.L.C., Southern Chemical Corp., Excelerate Trading, L.L.C., Roger Moyers, Stephen Korkmas, Widebrand Spin, Fred Wood, and Jan T. Spin--Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Sanchez v. Davenport (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Alcala)(post-answer default, appearance, notice of trial setting, civil assault claim) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00160-CV Narcisco Sanchez v. Lisa Davenport Appeal from 149th District Court of Brazoria County (Hon. Robert E. May) Uche, M.D. v. Allison (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Keyes)(HCLC, medical malpractice, special appearance) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-00546-CV Chris Uche, M.D. v. Melody and Marvin Allison Indiv. a/n/f for Dorothy Mueller, et al--Appeal from 56th District Court of Galveston County (Judge Lonnie Cox) In Interest of J.A.G. (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Bland)(junvenile sex crime) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00717-CV In the Interest of J.A.G, Jr. v. The State of Texas Appeal from County Court at Law of Waller County (Judge June Jackson) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-06-00805-CV In re Arthur Johnson Appeal from Probate Court No 4 of Harris County (Hon. William McCulloch) Hartman v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Nuchia)(tax protest case, judicial review) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Bland 01-06-01074-CV Allen R Hartman and Lisa Hartman v. Harris County Appraisal District and the Appraisal Review Board of the Harris County Appraisal District Appeal from 80th District Court of Harris County (Judge Kent C. Sullivan) UTHSCH v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Taft)(HCLC, expert report, ILA) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez, Individually and as Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle Gutierrez, a minor, Amanda Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez Appeal from 11th District Court of Harris County (Hon. Mark Davidson) DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00492-CV James L. Adkins v. Preston Ray Adkinson, Frito-Lay, Inc., Harold Reese Custom Made Jewelry, Incorporated, and United Rentals Gulf, Inc. Appeal from 152nd District Court of Harris County (Judge Ken P. Wise) DISMISS APPEAL: Per Curiam (nonpayment of fees) (Before Justices Nuchia, Jennings and Keyes) 01-07-00528-CV Igor Pintchouk v. Chase Manhattan Mortgage Corp., First Continental Mortgage Co., Mellon Mortgage Co., Chase Mortgage Flood Compliance Department and Federal Emergency Management Agency--Appeal from 295th District Court of Harris County (Hon. Tracy Christopher) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00645-CV In re Samuel R. Mares, Sr. Appeal from 11th District Court of Harris County (Mark Davidson) H & L Mortgage, Inc. v. Elwood (Tex.App.- Houston [1st Dist.] Oct 11, 2007)(Radack) (unopposed motion to dismiss) DISMISS APPEAL: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00727-CV H & L Mortgage, Inc. and William Lambright v. Leslie Elwood Appeal from 334th District Court of Harris County In re Arthur Johnson (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(per curiam)(no mandamus against clerk) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Jennings and Keyes) 01-07-00817-CV In re Arthur Johnson Appeal from Probate Court No 4 of Harris County (Hon. William McCulloch) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (mandamus against clerk) (Before Justices Nuchia, Keyes and Higley) 01-04-00518-CR Joe Pace v. The State of Texas--Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00203-CR Rodolfo Serna Pena v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Jennings and Keyes) 01-06-00560-CR Michael James Felder v. The State of Texas--Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Jennings and Keyes) 01-06-00601-CR Sidney Owens, Jr. v. The State of Texas--Appeal from County Court at Law No 1 of Galveston County DISMISS APPEAL: Per Curiam (Before Justices Taft, Hanks and Higley) 01-07-00768-CR Ronald Joseph v. The State of Texas--Appeal from 230th District Court of Harris County October 5, 2007 Civil Causes Decided: Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-06-00561-CR Marcus Alexander Baker v. The State of Texas--Appeal from 182nd District Court of Harris County October 4, 2007 Civil Causes Decided: Orion Refining Corp. v. UOP (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Radack)(BoC, foreign state law) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-05-00681-CV Orion Refining Corporation v. UOP, a general partnership, UOP, LLC EM Sector Holdings, Inc., and Catalysts, Absorbents and Process Systems, Inc.-- Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(TTCA, sovereign immunity, ILA) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00364-CV Texas Department of Criminal Justice v. Raymond Lockett Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) DISMISS APPEAL: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-06-00377-CV Zee Maswadi d/b/a Discount Gift & Cards v. Unilev Management Corporation, Agent for Mayde Partners, Ltd.--Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Crowder v. Crowder Estate Trust (Tex.App.- Houston [1st Dist.] Oct. 4, 1007)(Radack)(release) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00606-CV Walter F. Crowder, Trustee of the Ann Crowder Estate Trust v. Ann L. Crowder Estate Trust, John C. Crowder, Ronald Lee Crowder and James C. Crowder, Jr. Appeal from 405th District Court of Galveston County (Hon Wayne Mallia) In re E.B.R. (Tex.App.- Houston [1st Dist.] Oct. 4, 2007))(Higley)(juvenile) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00955-CV In The Matter of E.B.R v. The State of Texas Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County (The Honorable James A. Blac..) Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(forcible detainer) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00963-CV Michael Whitmire v. Greenridge Place Apartments Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) UTHSC Houston v. Gutierrez 237 S.W.3d 869 (Tex.App.- Houston [1st Dist.] Oct. 4, 2007, pet. filed (Taft) (HCLC, expert report, What is proper service of expert report? REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez, Individually and as Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle Gutierrez, a minor, Amanda Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez Appeal from 11th District Court of Harris County (Hon. Mark Davidson) Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01152-CR Bobby Long v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01178-CR Bobby Long v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Hanks and Higley) 01-06-00249-CR Stephen Deal v. The State of Texas--Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Hanks and Higley) 01-06-00250-CR Stephen Deal v. The State of Texas--Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Taft, Hanks and Higley) 01-06-00561-CR Marcus Alexander Baker v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Taft, Hanks and Higley) 01-06-01053-CR Roscoe Robert Burns v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00022-CR Jamale Jerod Lewis v. The State of Texas--Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-07-00023-CR Jamale Jerod Lewis v. The State of Texas--Appeal from 184th District Court of Harris County ============= OCTOBER 2007 CIVIL CASE TABLE FOR FIRST COURT OF APPEALS |
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| August 2007 Opinions |
| August 2007 Opinions |