February 2008 Cases Decided by the First Court of Appeals - Houston, Texas
(Tex. App.- Houston [1st Dist.] 2008)
Also see ----> Recent Texas Supreme Court Decisions (Tex. 2008) | Tex. 2007 | Tex. 2006 | Tex. Case Notes | Texas Appeals Court Statistics  
Also see ----> Houston Courts and Judges |  Houston Courts & Cases Blog | Houston Case Law Monitor Home Page | Austin Texas Case Law Blog


February 2008 Decision and Opinion Release Dates:  

Feb. 1, 7, 15, 21, 28, 29, 2008

FEBRUARY 2008 CIVIL CASE TABLE

FEBRUARY 2008 DECIDED CASES (with links to opinions in civil cases)

February 29, 2008

Civil Causes Decided:

In re Allianz Global Risk US (Tex.App.- Houston [1st Dist.] Feb. 29, 2008)(per curiam) (mandamus not appropriate
against judge who did not sign the order)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00165-CV In re Allianz Global Risk US, Allianz Life Insurance Company of North America, Allstate Insurance
Company, Chubb Indemnity Insurance Company, Continental Casualty Company, Fireman's Fund Insurance Company,
et al.
Appeal from 11th District Court of Harris County (
Judge Mark Davidson)

In re Marsh USA Inc. (Tex.App. - Houston [1st Dist.] Feb. 29, 2008)(per curiam) (whom may mandamus relief be sought
against, wrong judge here)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00166-CV In re Marsh USA Inc. (Delaware) and Marsh USA Inc. (Texas)
Appeal from 11th District Court of Harris County (
Hon. Mark Davidson)

February 28, 2008  

Civil Causes Decided:

Scott Bader, Inc. v. Sandstone Products, Inc. (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Higley) (products liability,
imposition of sanctions by trial court)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by
Justice Higley
Before Justices Nuchia, Keyes and Higley
01-05-00940-CV Scott Bader, Inc., Amy C. Wright, Kern & Wooley, L.L.P., and National Pigments & Chemicals, Inc. v.
Sandstone Products, Inc.
Appeal from 127th District Court of Harris County (
Judge Sharolyn Wood)
Dissenting Opinion by Justice Keyes in Scott Bader, Inc. v. Sandstone Products, Inc. (sanctions)  

Landers v. State Farm Lloyds (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(subst. op by. Hanks)
(insurance law,
admission of evidence)
AFFIRM TC JUDGMENT: Opinion by
Justice George C. Hanks, JR.
Before Justices Taft, Hanks and Higley
01-06-00181-CV E. Dean Landers and Margaret F. Landers v. State Farm Lloyds and Reuben Quintero
Appeal from 280th District Court of Harris County (
Judge Tony Lindsay)

City of Houston v. Hildebrandt (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (firefighter law suits, UDJA,
declaratory judgment, statutory penalty)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00936-CV City of Houston v. Alan Hildebrandt
Appeal from 165th District Court of Harris County (
Judge Elizabeth Ray)

Lofton v. Marmaxx Operating Corp. (Tex.app.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (premises liability)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-01109-CV Debra Lofton v. Marmaxx Operating Corp., Individually and d/b/a T. J. Maxx
Appeal from 113th District Court of Harris County (
Judge Patricia Hancock)

Hopkins v. DFPS No. 01-07-00313-CV (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Keyes)
(
termination of parental rights)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Taft, Keyes and Alcala
Robyn Rachelle Hopkins, Guadalupe Padilla v. Department Family & Protective Services
Appeal from 315th District Court of Harris County (Judge Michael H. Schneider Jr.)

Koll Bren Fund VI LP v. HCAD (Tex.App.- Houston [1st Dist.] Feb. 28, 2008) (Radack) (property tax protest, tax appeal,
judicial review of decision of government entity providing administrate appeal, standing, exhaustion of administrative
remedies)
AFFIRM TC JUDGMENT: Opinion by
Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00321-CV Koll Bren Fund VI LP and Hartman 3100 Weslayan Acquisitions, LP v. Harris County Appraisal District
and
The Appraisal Review Board of Harris County Appraisal District
Appeal from 113th District Court of Harris County (Judge Hon. Patricia Hancock)

Findley-Smith, MD v. Smith (Tex. App. - Houston [1st Dist.] Feb. 28, 2008)(Keyes)
(
HCLC, expert report, denial of motion to dismiss affirmed)
AFFIRM TC JUDGMENT: Opinion by
Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-07-00360-CV Joi M. Findley-Smith, M.D. and Peggy Taylor, M.D., P.A. v. Holly Smith and Husband, Christopher
Smith, Individually and A/N/F of Cameron Smith, a minor
Appeal from 281st District Court of Harris County (
Judge David J. Bernal)

DISMISS APPEAL: Per Curiam
(Before Justices Nuchia, Hanks and Higley)
01-07-00848-CV Fedell Price v. Stafford Oaks Apartments
Appeal from County Court at Law No 3 of Fort Bend County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
(Before Justices Taft, Keyes and Alcala)
01-07-01043-CV In re Esther Ward--Appeal from 270th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Nuchia, Hanks and Higley)
01-07-01098-CV Stateside Enterprises Inc. v. The Chair King, Inc.-
Appeal from 295th District Court of Harris County

In re Shoreline Partners LLC (Tex.App.- Houston [1st Dist.] Fab. 28. 2008)(Keyes)
(
plenary jurisdiction, reinstatement order void)
GRANT PETITION FOR WRIT OF MANDAMUS:
Before Justices Taft, Keyes and Alcala
01-08-00013-CV In re Shoreline Partners, LLC, Prenits B. Tomlinson, Jr., Individually and Thomas E. Hardisty,
Individually--Appeal from 165th District Court of Harris County (
Judge Elizabeth Ray)

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Taft, Keyes and Alcala)
01-06-00972-CR Thairin Arnell Walker v. The State of Texas--Appeal from 405th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
(Before Justices Taft, Keyes and Alcala)
01-06-01024-CR Bruce Milner v. The State of Texas--Appeal from 23rd District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
(Before Justices Taft, Keyes and Alcala)
01-06-01159-CR Deon Demeche Jones v. The State of Texas--Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Nuchia, Hanks and Higley)
01-07-00107-CR Charles Anthony Grant v. The State of Texas--Appeal from 208th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00213-CR Martin Lee Garza v. The State of Texas--Appeal from 10th District Court of Galveston County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Nuchia, Hanks and Higley)
01-07-00256-CR Willie Deon McAdams v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
(Before Justices Nuchia, Jennings and Keyes)
01-07-00381-CR Bruce Glenn Milner v. The State of Texas--Appeal from 239th District Court of Brazoria County

DISMISS APPEAL: Per Curiam
(Before Justices Taft, Keyes and Alcala)
01-07-00822-CR Kendrick Earl Edwards v. The State of Texas--Appeal from 400th District Court of Ft. Bend County

DISMISS APPEAL: Per Curiam
(Before Justices Nuchia, Hanks and Higley)
01-07-00926-CR Bernardino Ruiz v. The State of Texas--Appeal from 183rd District Court of Harris County

February 21, 2008  

Civil Causes Decided:

Enviropower LLC v. Bear, Stearns & Co., Inc. (Tex. App.- Houston [1st Dist.] Feb. 21, 2008)(Hanks)
(
domestication and enforcement of foreign judgments, exception, death penalty sanctions leading to default 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)

Enviropower LLC v. Bear, Sterns & Con. Inc. (Tex.App. Houston [1st Dist.] Feb. 21, 2008)
(Opinion by
en banc order by Justice Evelyn Keyes)(net worth)
GRANT MOTION:
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 (
Judge Martha Hill Jamison)

Justice Bland wrote concurrence on en banc review in Environpower LLC v. Bear, Stern & Co. Inc.
(Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Concurrence by Bland)(net worth)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT:
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 (
Honorable Martha Hill Jamison)

Hanks wrote a dissenting opinion on en banc review in Environpower LLC v. Bear, Stern & Co. Inc.
(Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Dissent by Hanks)(net worth, supersedeas bond)
OPINION DISSENTING TO THIS COURT'S JUDGMENT:
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 (
District Court Judge Martha Hill Jamison)

Cypress Northwest Associates, Ltd. v. Wayne Duddleston, Ltd II. (Tex.App. - Houston [1st Dist.] Feb. 21, 2008)
(Superseding opinion by Hanks,
December 20, 2007 opinion withdrawn)
(
breach of contract claim, statute of limitations, breach of restrictive covenant, sj reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Before Judge Wilson, Justices Hanks and Bland
01-05-00827-CV Cypress Northwest Associates, Ltd. v. Wayne Duddlesten, Ltd., and BC Alliance, Inc.
Appeal from 127th District Court of Harris County (
Hon. Sharolyn Wood)

DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Hanks and Higley
01-06-00247-CV Don Avni Kaminetzky a/k/a Don K. Avni, et al. v. Fred Bonton, Jr., et al.
Appeal from 61st District Court of Harris County

General Electric Cap. Corp. v. Knapp, Jr. (Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Higley) (UFTA, fraudulent
transfer)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-07-00010-CV General Electric Capital Corporation v. A. John Knapp, Jr., also known as A. John Knapp
Appeal from 113th District Court of Harris County (
Hon. Patricia Hancock)

Daniels v. State (Tex.App.- Houston [1st Dist.] Feb. 21, 2008)(Bland) (forfeiture, intervention, finality of order,
interlocutory order, DWOJ)
DISMISS APPEAL: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00120-CV Leiroi M. Daniels, Owner of the 2000 Mercedes Automobile VIN #WDBNG75J4YA39643 v. The State
of Texas
Appeal from 157th District Court of Harris County (
Hon. Ronald L. Wilson)  

DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Alcala
01-07-00396-CV Thomas Richards v. Kathleen Richards
Appeal from 309th District Court of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00586-CV Marcella Winters v. Fondren Glen Plaza Property, et al
Appeal from Co Civil Ct at Law No 4 of Harris County

DISMISS APPEAL: Per Curiam
Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00811-CV Henry A. Dyles, Jr. v. Reber Joel
Appeal from Co Civil Ct at Law No 3 of Harris County

DISMISS APPEAL: Per Curiam
Before Justices Taft, Keyes and Alcala
01-07-00846-CV Anita Hochstein v. Washington Mutual Bank, F.A., Successor by Corporate Merger to Great Western
Bank, A Federal Savings Bank
Appeal from 80th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Nuchia, Hanks and Higley
01-07-00945-CV In re Artis Charles Harrell
Appeal from 189th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Jennings, Higley and Bland
01-08-00100-CV In re Rosalind B. Myers
Appeal from 328th District Court of Fort Bend County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Taft, Keyes and Alcala)
01-06-00682-CR Sheikh Mohammed Sohail 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 Nuchia, Hanks and Higley)
01-06-01025-CR Jerry Dale White v. The State of Texas--Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Taft, Hanks and Higley)
01-07-00050-CR Robert Amos Bogany v. The State of Texas--Appeal from 180th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00090-CR Robert C. Jordan v. The State of Texas--Appeal from 176th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Taft, Keyes and Alcala)
01-07-00778-CR Gustavo Martinez v. The State of Texas--Appeal from 174th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Justices Taft, Keyes and Alcala)
01-07-00779-CR Gustavo Martinez 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)
01-07-00781-CR Luis Arturo Espinal v. The State of Texas--Appeal from 248th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
(Before Justices Taft, Alcala and Bland)
01-08-00047-CR In re Dan Thomas--Appeal from 232nd District Court of Harris County

February 15, 2008

Civil Causes Decided

Koval v. Kirkland Contractors, Inc. (Tex.App. - Houston [1st Dist.] Feb. 15, 2008)(Davie Wilson)
(
res judicata based on bankruptcy proceeding, attorney's fees under the Probate Code, waiver of cross-issues on
appeal)
AFFIRM TC JUDGMENT: Opinion by
Judge Davie Wilson
Before Judge Wilson, Justices Alcala and Hanks
01-06-00067-CV Linda Koval v. Henry Kirkland Contractors, Inc.
Appeal from Probate Court No 3 of Harris County (Judge Hon. Rory R. Olsen)  

February 14, 2008

Civil Causes Decided:

DISMISS APPEAL: Per Curiam (failure to file brief)
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00793-CV In The Matter of R. B. S.--Appeal from 314th District Court of Harris County

City of Galveston, Texas, and BP v. Saint-Paul, No. 01-06-00580-CV (Tex.App.- Houston [1st Dist.] Feb. 14,
2008)(Alcala) (Open Meetings Act,
lease case, real estate transaction, standing, attorney's fees)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Alcala
(Before Chief Justice Radack, Justices Jennings and Alcala)
The City of Galveston, Texas; BP Energy Company, Intervenor; Board of Trustees of the Galveston Wharves v. Nancy
Saint-Paul--Appeal from 122nd District Court of Galveston County (Judge Hon. John Ellisor)

St. Luke's Episcopal Hospital and Texas Heart Institute v. Poland No. 01-06-01038-CV (Tex.App.- Houston [1st Dist.]
Feb. 14, 2008)(Taft)
HCLC, medical malpractice, timeliness of expert report)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent
administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin
Appeal from 152nd District Court of Harris County (
Judge Ken Wise)

DISMISS APPEAL: Per Curiam (nonpayment of fees)
(Before Justices Nuchia, Hanks and Higley)
01-07-00789-CV
Evelyn Collin Maikranz v. Saba Properties--Appeal from 133rd District Court of Harris County

DISMISS APPEAL: Per Curiam (motion to dismiss)
(Before Justices Nuchia, Hanks and Higley)
01-07-01047-CV
Paul Randolph Philip, Jr. v. Ereka Washington Philip--Appeal from 246th District Court of Harris
County

Criminal Causes Decided:

DISMISS APPEAL: Per Curiam
(Before Justices Taft, Hanks and Higley)
01-05-00802-CR Ralph Tyler v. The State of Texas--Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Nuchia, Hanks and Higley)
01-06-00767-CR Raymond Luis Hooker v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Taft, Keyes and Alcala)
01-06-00884-CR Martin J. Uribe v. The State of Texas--Appeal from 263rd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Keyes and Alcala)
01-06-00991-CR Christy Nicole Tibbs v. The State of Texas--Appeal from 184th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Taft, Keyes and Alcala)
01-06-01051-CR Stephen Charles Mackay 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)
01-06-01166-CR Harvey Bernard Smith v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-06-01167-CR Harvey Bernard Smith v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-06-01168-CR Harvey Bernard Smith v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-06-01169-CR Harvey Bernard Smith v. The State of Texas--Appeal from 339th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Hanks and Higley)
01-07-00108-CR Joe Luis Gutierrez v. The State of Texas--Appeal from 174th District Court of Harris County

AFFIRM TC JUDGMENT: Per Curiam
(Before Justices Nuchia, Jennings and Keyes)
01-07-00334-CR Joseph Prejean v. The State of Texas--Appeal from 351st District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00770-CR Joe Nathan Mosely v. The State of Texas--Appeal from 263rd District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00855-CR Josea Juan Cantu AKA Leopoldo Aguado-Guel v. The State of Texas--Appeal from 339th District
Court of Harris County

February 13, 2008

Civil Causes Decided:

Criminal Cases:

AFFIRM TC JUDGMENT: Opinion by Justice Alcala
(Before Justices Taft, Keyes and Alcala)
01-06-00787-CR Jose Luis Garcia v. The State of Texas--Appeal from 174th District Court of Harris County

February 7, 2008

Civil Causes Decided:

National Family Life Ins. Co. (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Alcala)
(
insurance law, timeliness of notice, sicko law, health insurance coverage)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
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 (Judge Patrick Edward Sebesta)

Austin v. Countywide Home Loans (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Hanks) (suit on promissory note)
AFFIRM TC JUDGMENT: Opinion by
Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-06-00547-CV Albert O. Austin v. Countrywide Home Loans, Rex L. Kessler, Thomas E. Redder and Keith Morris
Appeal from 152nd District Court of Harris County (
Judge Kenneth P. Wise)

Williams v. Unifund CCR Partners Assignee of CitiBank 264 S.W.3d 231 (2008)(Tex.App.- Houston [1st Dist.] Feb. 7,
2008)(Keyes) (
consumer credit card debt suit, judgment reversed, sworn account not proper for credit card debt
collection, attorney's fees)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by
Justice Keyes
Before Justices Taft, Keyes and Alcala
01-06-00927-CV Edward Williams v. Unifund CCR Partners Assignee of CitiBank
Appeal from County Civil Court at Law No 3 of Harris County (
Judge Lynn Bradshaw-Hull)  

American Heritage, Inc. v. Nevada Gold & Casionos, Inc. (Tex.App.- Houston [1st Dist.] Feb. 7 2008)(Bland)
(standing,
alter ego theory)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by
Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00057-CV American Heritage, Inc., d/b/a The Gillmann Group v. Nevada Gold & Casinos, Inc.
Appeal from 234th District Court of Harris County (
Hon. Reece Rondon)

Thomas v. Centerpoint Energy, Inc. (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Bland)
(
animal law, car - horse collision, proof of negligence, causation, evidence)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00318-CV Lillian Thomas, John Ellard and Chris Ortiz v. Centerpoint Energy, Inc., and Centerpoint Energy
Houston Electric, LLC
Appeal from 412th Judicial District Court of Brazoria County (Judge W. Edwin Denman)

DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Hanks and Higley
01-07-01107-CV
Citizens Automobile Finance, Inc., doing business as Citizens Recreation Finance v. SIMS RV World,
Inc., doing business as SIMS RV World, and Jared Nolt--Appeal from 333rd District Court of Harris County

Criminal Causes Decided:

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00593-CR Israel Herrera v. The State of Texas--Appeal from 230th District Court of Harris County

DISMISS APPEAL: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-05-00594-CR Israel Herrera v. The State of Texas--Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Keyes
(Before Justices Taft, Keyes and Alcala)
01-06-00369-CR Wendell Roy Mitchel v. The State of Texas--Appeal from 230th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Taft, Hanks and Higley)
01-06-00790-CR Searn Moun, a/k/a Kim Loren, a/k/a Moa Soeun, a/k/a Moun Sen, a/k/a Chan Knip v. The State of
Texas--Appeal from 23rd District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Hanks
(Before Justices Nuchia, Hanks and Higley)
01-06-00840-CR Hector Becerra, Jr. v. The State of Texas--Appeal from 23rd District Court of Brazoria County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Alcala and Bland)
01-06-00859-CR Barbara Dean Baldwin v. The State of Texas--Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Alcala and Bland)
01-06-00860-CR Barbara Dean Baldwin v. The State of Texas--Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Alcala and Bland)
01-06-00861-CR Tommy Baldwin v. The State of Texas--Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Alcala and Bland)
01-06-00862-CR Tommy Baldwin v. The State of Texas--Appeal from 240th District Court of Fort Bend County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Hanks and Higley)
01-06-00933-CR Isaac Elmore v. The State of Texas--Appeal from 176th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Taft
(Before Justices Taft, Keyes and Alcala)
01-06-00946-CR Bartholomew Antonio Guzman v. The State of Texas--Appeal from 262nd District Court of Harris
County

AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Hanks and Higley)
01-06-01054-CR Keith Lionell Wiltz v. The State of Texas--Appeal from 232nd District Court of Harris 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

AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00065-CR John Edward Collins v. The State of Texas--Appeal from 337th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Nuchia, Hanks and Higley)
01-07-00109-CR Victor Manuel Moreno v. The State of Texas--Appeal from 180th District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Nuchia, Hanks and Higley)
01-07-00110-CR Victor Manuel Moreno v. The State of Texas--Appeal from 180th District Court of Harris County


AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00259-CR Kelly Patterson v. The State of Texas--Appeal from 262nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00260-CR Kelly Patterson v. The State of Texas--Appeal from 262nd District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00385-CR Jose Guadalupe Contreras v. The State of Texas--Appeal from 182nd District Court of Harris County

AFFIRM TC JUDGMENT: Opinion by Justice Jennings
(Before Chief Justice Radack, Justices Jennings and Bland)
01-07-00590-CR Michael Eugene Smith v. The State of Texas--Appeal from 174th District Court of Harris County

DISMISS APPEAL: Per Curiam
(Before Chief Justice Radack, Justices Alcala and Bland)
01-07-00773-CR Amandeep Singh v. The State of Texas--Appeal from 178th District Court of Harris County

DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
(Before Chief Justice Radack, Justices Jennings and Bland)
01-08-00048-CR In re Franklin Jones--Appeal from of County

February 1, 2008

Civil Causes Decided:

Poland v. Grigore (Tex.App.- Houston [1st Dist.] Feb. 1, 2008)(Taft) (HCLA, Med Mal, expert report)
AFFIRM TC JUDGMENT: Opinion by
Justice Taft
Before Justices Taft, Keyes and Alcala
01-07-00197-CV Raymon Poland, individually and as independent administrator of the estate of Jesse Pland, Robert
Martin, and Frank Martin v. Dr. Alina Grigore and Dr. Arthur S. Keats & Associates
Appeal from 152nd District Court of Harris County (
Judge Ken Wise)

.
APPEALS COURT JUDGES
Chief Justice Radack
Justice Alcala
Justice Bland
Justice Hanks
Justice Higley
Justice Jennings
Justice Keyes
Justice Nuchia
Justice Taft
DECIDED CASES AND
OPINIONS
January 2008 Decisions
February 2008 Decisions
March 2008 Decisions
April 2008 Decisions
May 2007 Opinions
June 2007 Opinions
July 2007 Opinions
August 2007 Opinions
September 2007 Opinions
October 2007 Opinions
November 2007 Opinions
December 2007 Opinions
2007 1st CoA Opinions
14th Court of Appeals
2007 Houston
Appeals Court Opinions
Harris County Trial Courts
and Judges
CIVIL, FAMILY, AND JUVENILE
STATE DISTRICT COURTS IN
HARRIS COUNTY

11th DC Judge Mark Davidson  
55th DC
Judge Jeff Shadwick
61st DC Judge John Donovan
80th DC Hon. Lynn Bradshaw-Hull
113th DC Judge Patricia Hancock
125th DC Judge John Coselli
127th DC Judge Sharolyn Wood
129th DC Judge Grant Dorfman
133rd DC Judge Lamar McCorkle
151st DC Judge Caroline E. Baker
152nd DC Judge Kenneth Wise
157th DC Judge Randall Wilson
164th DC Hon. Martha Hill Jamison
165th DC Judge Elizabeth Ray
189th  DC Judge Bill Burke
190th DC Judge Patricia Kerriagn
215th DC Judge Levi Benton
234th DC  Judge Reece Rondon
245th DC  Judge Annette Kuntz
246th DC Judge Jim York
247th DC Judge Bonnie  Hellums
257th DC  Judge Judy Warne
269th DC Hon. John T. Wooldridge
270th DC Judge Brent Gamble
280th DC Judge Tony Lindsay
281st DC Judge David J. Bernal
295th DC Hon. Tracy Christopher
308th DC Hon. Georgia Dempster
309th DC Judge Frank Rynd
310th DC  Judge Lisa Millard
311th DC  Judge Doug Warne
312th DC Judge James Squier
313th DC Judge Pat Shelton
314th DC Judge John Philip
315th DC  Judge Mike Schneider Jr
333rd DC
Hon. Joseph Halbach Jr.
334th DC Judge Sharon McCally
Also see ----> Recent Texas Supreme Court Decisions (Tex. 2008) | Tex. 2007 | Tex. 2006 | Tex. Case Notes | Texas Appeals Court Statistics  
HOUSTON CASE LAW
WEB PAGES
Animal Law Cases
Attorney's Fees
Auto Accident Law
Arbitration Case Law
ADR in Family Court
Consumer Case Law
CPS Termination Suits
Family Law Cases
Child Support Cases
Divorce Property Cases
SAPCR Modification Suit
Juvenile Adjudication
Grandparent Rights
Probate Court Cases
Property Tax Cases
Lease Law Cases
Real Estate Litigation
Home Owner Law
Landlord-Tenant Disputes
Construction Law Cases
Labor and Employment
Public Employees
Firefighter Cases
School Law Cases
Workplace Law Cases
Slip and Fall Cases
Insurance Litigation
Health Care Coverage
Auto Accident Lawsuits
Personal Injury (PI) Law
Medical Malpractice
Government Entities
Election Law Litigation
Condemnation Case Law
Official Immunity Cases
Tort Claims Act Cases
City of Houston Cases
Restaurant Litigation
Credit Card and Debt Suits

Attorney's Fees
Bill of Review Cases
Restricted Appeal
Constitutional Issues
Default Judgments
Eminent Domain Cases
Foreign Judgments
Discovery Disputes
Ethics and Recusal Cases
Premises Liability Suits
Health Care Liability
(MedMal) Law Suits
Sanctions Caselaw
Contempt of Court
Venue Challenges