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April 2008 Decision and Opinion Release Dates: Apr. 3, 4, 7, 8, 10, 17, 18. 21, 22, 23, 24, 2008 APRIL 2008 CIVIL CASE TABLE APRIL 2008 DECIDED CASES (with links to opinions in civil cases) April 24, 2008 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-06-01008-CV Stephanie Roqumore v. Virginia Power Energy Marketing, Inc. Appeal from 164th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-06-01034-CV Beatrice Molho dba Dynamic Health Care Clinic v. Josef Allon dba AVSCO Appeal from 295th District Court of Harris County Vasquez v. Hildenbrand (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) [auto PI, negligence, recusal motion] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01067-CV Nancy Vasquez v. Brenda Hildenbrand Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle In the Matter of T.W.C., Jr. (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Radack) (juvenile, erroneous admonishment) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-06-01150-CV In The Matter of T.W.C., Jr. Appeal from County Court at Law No 2 & Probate Court of Brazoria County Trial Court Judge: Hon. Mark Holder Quinn v. Milanizadeh (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Higley) (divorce, separate property, common law marriage, informal marriage) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00489-CV Tyrone Michael Quinn v. Shaleh Rene Milanizadeh Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Salmeron v. T-Mobile West Corp. (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Subst. op. by Jennings) (county court's dismissal of appeal from JP court was error, appeal bond was timely after all as shown by supplemental record) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00532-CV Stella Salmeron v. T-Mobile West Corporation Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith In re Henry (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks) (dominant jurisdiction, anti-suit injunction appeal, motion to abate denied, mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00601-CV In re David Henry Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Henry v. McMichael (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Hanks) (dominant jurisdiction, temporary injunction appeal) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00622-CV David Henry v. James McMichael and Elizabeth Ann Koehler Co-Independent Executors of The Estate of W.T. McMichael and Catherine McMichael Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-00756-CV James E. Carpenter v. Unifund CCR Partners Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-00869-CV Galadriel Meade v. Hometeam Pest Defense, LLC, et als Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00878-CV Patricia Burks v. Texas Workforce Commission and Sara Lee Food Service Appeal from Co Civil Ct at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala) 01-07-00950-CV Irwin Palchick v. Chase Bank, N.A. Appeal from 61st District Court of Harris County Gales v. Denis (Tex.App. - Houston [1st Dist.] Apr. 24, 2008)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala) 01-07-01101-CV William F. Gales, Sr. v. Michael William Denis Appeal from Probate Court No 4 of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00019-CV Woodrow Wilson Miller v. Hilda Flores Appeal from 164th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Higley) 01-08-00050-CV Aurora Russell v. IT Dimensions, Inc. Appeal from Co Civil Ct at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-08-00064-CV Kazi N. Hussain dba Shopper Supermarket v. Alief Independent School District Appeal from 129th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-08-00072-CV Larry Welenc v. Arturo Michel (City Attorney) Appeal from 80th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-08-00079-CV Estate of Myrtle Bennett v. Estate of Julia Mae Warner Thompson Appeal from County Court of Austin County In re Valdes (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) (motion for reconsideration of motion for new trial, plenary power expired, order void) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-08-00165-CV In re Fernando F. Valdes Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Higley) 01-06-01114-CR Ysidro Rios Rivera v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Higley) 01-07-00045-CR Anthony Flores v. The State of Texas Appeal from 149th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Taft, Keyes and Alcala) 01-07-00066-CR Okensy Fortunato 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 Higley) 01-07-00155-CR Everardo Zuniga v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-07-00350-CR Ruben Lujano v. The State of Texas Appeal from Co Crim Ct at Law No 15 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Higley) 01-07-00542-CR Jarred Jackson v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-07-00548-CR Abraham Ortega v. The State of Texas Appeal from 179th District Court of Harris County April 23, 2008 Civil Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-08-00314-CV In re G.B., a minor child, by and through Arthur Burbano; Cheryl Burbano Appeal from of County Criminal Causes Decided: April 22, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00120-CV In re Brewer Leasing, Inc. and Texas Stretch, Inc. Appeal from 334th District Court of Harris County Criminal Causes Decided: April 21, 2008 Civil Causes Decided: Concurrence by Taft in Klein and BCM v. Hernandez (Tex.App.- Houston [1st Dist.] Apr. 21, 2008) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Taft Before Justices Taft, Jennings and Alcala) 01-06-00569-CV Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor Appeal from 152nd District Court of Harris County Criminal Causes Decided April 18, 2008 Civil Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] Before Justices Taft, Jennings and Bland 01-08-00253-CV In re Kristal Timish Walker a/k/a Kristal Timisha Walker Appeal from 314th District Court of Harris County Criminal Causes Decided: April 17, 2008 Civil Causes Decided: Howeth Investments, Inc. v. The City of Hedwig Village (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Taft) (real estate law, land regulation, plat application, constitutional challenge) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-05-00904-CV Howeth Investments, Inc., and Jack Howeth, as Trustee for the 881 Development Trust and the 901 Development Trust-assignees for Howeth Investments, Inc. v. The City of Hedwig Village, The City of Hedwig Village Planning and Zoning Commission, and S. Frank White, Robert A. Wiener, Norman E. Ward and Kathering Vazquez Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. SET ASIDE TC JUDGMENT AND RENDER JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-06-00245-CV National Family Care Life Insurance Company v. Lelia E. Vann Appeal from 239th District Court of Brazoria County 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 01-06-00363-CV Deutsche Bank National Trust Company f/k/a Bankers Trust Company of California, N.A., as trustee for Aames Mortgage Trust Pass-Through Certificates, Series 2002-1 v. Sealy Davis Appeal from 212th District Court of Galveston County Klein, MD and BCM v. Hernandez (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Jenning)(HCLC) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00569-CV Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Concurring Opinion by Justice Taft in Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez as the Parent and Next Friend of N.H., A Minor--Appeal from 152nd District Court of Harris County Trial Court Judge: Judge Kenneth P. Wise Safety National Casualty Corp. v. State of Texas (Tex. App. - Houston [1st Dist.] Apr. 17, 2008)(Nuchia) (bond forfeiture case, interest calculation) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00122-CV 01-07-00123-CV Safefy National Casualty Corporation, Michael W. Cox v. State of Texas Appeal from 180th District Court of Harris County Trial Court Judge: Hon. Debbie Montooth-Stricklin Charida v. Allstate Indemnity Co. (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley) (auto insurance law, no UM/UIM coverage not for family members) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00278-CV Amal Charida v. Allstate Indemnity Company and Fawzi Shreida Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Mann v. HCAD (Tex. App. - Houston [1st Dist.] Apr. 17, 2008)(Radack) (tax appeal, unequally and excessively appraised, SJ for taxing authorities affirmed, no due process violation) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00436-CV Paul M. Mann and Carolyn S. Mann v. Harris County Appraisal District and the Appraisal Review Board of Harris County Appraisal District Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-07-00498-CV CVS Pharmacy, Inc. and Angelique Norris v. Leah Fischer Cain Appeal from 80th District Court of Harris County Briggs v. Briggs (Tex.App.- Houston [1st Dist.] Apr. 19, 2008)(Bland) (declaratory judgment, dispute over the designation of a beneficiary for the proceeds of a 401k plan) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00580-CV Susana A. Briggs, Godson S. Briggs and Moseba Briggs v. Latarsha N. Briggs Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull UTMB v. Railsback (Tex.App.- Houston [1st Dist.] Apr. 19, 2008)(Jennings)(HCLC, motion to dismiss, absence, adequacy of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00729-CV University of Texas Medical Branch v. Lynda Railsback Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-07-00757-CV Tammy L. Holmstrom v. Peoples Trust Federal Credit Union f/k/a Shell Employees Federal Credit Union Appeal from County Civil Court at Law No 4 of Harris County Llorance v. Sohi (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley) (family law SAPCR modification, default arbitration order affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00840-CV Leezet Llorance v. Farhad Safavi Sohi Appeal from 257th District Court of Harris County Trial Court Judge: The Honorable Judy L. Warne DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00841-CV H. M. Baum v. Bernard H. Feldman--Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00871-CV Shawns Auto Part Mechanic and Body Shop v. Arturo Castillo--Appeal from 151st District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00875-CV George Spralding v. Discover Bank--Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Hanks and Higley) 01-07-00906-CV In re Dwayne Kent Singleton--Appeal from Probate Court No 3 of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-07-00913-CV Ted Lawrence Robertson v. Sandy Melamed, et al--Appeal from 151st District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00981-CV Rolisha Goins v. Hitchcock Independent School District, et al--Appeal from 10th District Court of Galveston County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-01042-CV Dixieline, Inc., dba Dixieline Dozer Work v. Southwestern Bell Yellow Pages, Inc.--Appeal from Co Civil Ct at Law No 4 of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-01046-CV Julie Ann Atchison Ruffino v. AllState Texas Lloyd's Inc.--Appeal from 295th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-01115-CV 2002 Black Honda Civic v. The State of Texas--Appeal from 56th District Court of Galveston County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00002-CV Demetria Franklin v. Bankers Trust Company of California N.A.--Appeal from County Court at Law No 4 of Fort Bend County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00090-CV The Methodist Hospital v. Brenda Wahlenberg Appeal from 334th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-06-00645-CR Thomas Nathan Terrell v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-06-00646-CR Thomas Nathan Terrell v. The State of Texas--Appeal from 179th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-06-00865-CR John M. Cole v. The State of Texas--Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Jennings and Keyes) 01-06-01026-CR Jonathan Lewis Rainey v. The State of Texas--Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-06-01116-CR Ricky Pitts Jr. v. The State of Texas--Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00016-CR Blake Dustin Kuecker v. The State of Texas--Appeal from 21st District Court of Washington County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Nuchia, Jennings and Keyes) 01-07-00099-CR Luis Noe Barrios v. The State of Texas--Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Judge Wilson (Before Judge Wilson, Justices Hanks and Higley) 01-07-00175-CR Henry Lee Means Jr. v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-07-00288-CR Melanie Jean Simpson v. The State of Texas--Appeal from Co Crim Ct at Law No 5 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00607-CR Antoine Antonio Brown v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00115-CR Blake Dustin Kuecker v. The State of Texas--Appeal from 21st District Court of Washington County DISMISS APPEAL: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-08-00224-CR Wesley Wellington White v. The State of Texas--Appeal from 337th District Court of Harris County April 7, 2008 Civil Causes Decided: In re A&B GP, LLC (Tex.App.- Houston [1st Dist.] Apr. 7, 2008)(per curiam, challenged order withdrawn) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Higley 01-08-00217-CV In re A&B GP, L.L.C.; A&B Valve and Piping Systems, L.P. a/k/a A&B Valve and Piping Systems; Connie Dobson; Tara Kolar; Linda Urbanek; and Martin Willmore Appeal from 113th District Court of Harris County (Judge Patricia Hancock) In re A&B Valve and Piping Systems, LP (Tex. App.- Houston [1st Dist.] Apr. 7, 2008)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Higley 01-08-00218-CV In re A&B Valve and Piping Systems, L.P. a/k/a A&B Valve and Piping Systems; A&B G.P.,L.L.C.; Connie Dobson; Martin Willmore; Tara Kolar; and Linda Urbanek Appeal from 113th District Court of Harris County Trial Court Judge: Honorable Patricia Hancock Criminal Causes Decided: None April 4, 2008 Civil Causes Decided: In re Ann Garrett (Tex.App.- Houston [1st Dist.] Apr. 4, 2008)(per curiam) DENY PETITION FOR WRIT OF INJUNCTION: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00203-CV In re Ann T. Garrett Appeal from 405th District Court of Galveston County Trial Court Judge: Hon. Wayne J. Mallia Criminal Causes Decided: None April 3, 2008 Civil Causes Decided: Jackson v. Tx. Bd. of Pardons and Paroles (Tex. App. - Houston [ 1st Dist.] Apr. 3, 2008)(Keyes) (expunction suit improperly dismissed, no hearing set) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-03-00862-CV Donald C. Jackson v. Texas Board of Pardons and Paroles, et al. Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Schmidt v. Bell (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (motion for continuance denied, MSJ) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00161-CV Keith W. Schmidt v. Patsy Bell, V.P., et al. Appeal from Co Civil Ct at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Thompson v. Winkelmann (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala) (real estate law, access to cemetery) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00457-CV Sampson Thompson, Jr. and Earline Thompson, Gordon Ray Johnson v. Sam A. Winkelmann, Jr. et al. Appeal from County Court at Law No 3 & Probate Court of Brazoria County Trial Court Judge: The Honorable James A. Blac... HCAD v. Sigmor Corp. (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley)(property tax litigation, taxing gas stations) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-06-00740-CV Harris County Appraisal District v. Sigmor Corporation, et al Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson RDI Mechanical v. WPVA LP (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(foreclosure, M&M lien, trial by consent) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00962-CV RDI Mechanical v. WPVA LP, et al Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle National Advertising Co. v. Potter (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley) (lease law, billboards, business disputes) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01042-CV National Advertising Company v. Larry E. Potter Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Curttright v. Curttright (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Hanks)(family law, divorce, sanctions cases) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00117-CV Lisa Vo Curttright v. Paul Easton Curttright Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Galik Pride International, Inc. v. Bragg (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (employment law, severance pay dispute) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00188-CV Pride International, Inc. v. Paul A. Bragg Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Bermia v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Keyes) (termination of parental rights, ineffective counsel) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00699-CV Lisa Bermia v. Department of Family and Protective Services Appeal from County Court at Law of Washington County Trial Court Judge: Hon. Matthew Reue Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Bogan v. McDonald (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(per curiam) (dismissed by appellant) DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-00915-CV Dr. Robert Bogan v. Tom McDonald and Dawn McDonald, Individually and on behalf of Laura McDonald (Deceased) Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Elrod In re Heather Sartain (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Nuchia) (family law, temporary order for attorneys fees, mandamus granted, divorce, SAPCR proceedings, order granting interim attorney's fees lifted, temporary orders appeals] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00920-CV In re Heather Sartain Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Higley 01-07-01022-CV Coastal Signs, Inc. v. City of Houston Appeal from 333rd District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala) 01-07-00017-CR Alton Christopher Medley v. The State of Texas--Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00049-CR Ernest Pleasant v. The State of Texas--Appeal from 180th District Court of Harris County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Hanks and Higley) 01-07-00152-CR Mark Elliot Massie v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-07-00258-CR Kelvin Stewart v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Higley) 01-07-00387-CR Rosali Bonilla v. The State of Texas--Appeal from 179th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-07-00471-CR David Marlon Delgado v. The State of Texas--Appeal from 412th Judicial District Court of Brazoria County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Hanks and Higley) 01-08-00135-CR In re Jesus Nunez--Appeal from 338th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00193-CR In re Ronald Dwayne Whitfield--Appeal from 174th District Court of Harris County |