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July 2008 Decision and Opinion Release Dates: July 1, 3, 10, 17, 24, 31 July 2008 CIVIL CASE TABLE JULY 2008 DECIDED CASES (with links to opinions in civil cases) July 31, 2008 CIVIL CAUSES DECIDED Dace v. Dace (Tex.App.- Houston [1st Dist.] July 31, 2008)(Higley) (dispute over estate, no breach of contract, deed, undue influence, testamentary capacity) (evidence insufficient to support jury’s finding that Harry entered into a written agreement with his parents to purchase the business) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-05-00832-CV Marvin Harry Dace, Jr. v. Tommy Dace, Independent Executor of the Estate of Marvin Harry Dace, Sr., Deceased Appeal from County Court at Law No 1 & Probate Court of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Texas Mutual Ins. Co. v. Ruttiger (Tex.App.- Houston [1st Dist.] July 31, 2008) (opinion on rehearing by Jennings) (worker's compensation insurance bad faith, code violation, DTPA, loss to credit reputation) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Terry Jennings 01-06-00897-CV Texas Mutual Insurance Company v. Timothy J. Ruttiger Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor DISMISS APPEAL: Per Curiam (DWOP for failure to pay) Before Justices Taft, Jennings and Bland 01-06-00909-CV Dr. George Smith v. Donald R. Watkins Memorial Foundation, Katana Jennings, Vanessa Sampson, Gerald Womack, James Ellis and Sharyon Gathe Appeal from 55th District Court of Harris County Barton v. Whataburger, Inc. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Bland) (workplace safety, murder not forseeable, no employer liability) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-01121-CV Rose Barton, Individually and as Personal Representative of the Estate of Christopher Martin Dean v. Whataburger, Inc. Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Ronald [Randall] L. Wilson In the Matter of BW (Tex. App.- Houston [1st Dist.] July 31, 2008)(Jennings) (juvenile case, prostitution) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00274-CV In The Matter of B. W. Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips DISMISS APPEAL: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00410-CV Bio Landscape & Maintenance, Inc. v. Sallie Morse and Sid A. Morse, Jr. Appeal from 11th District Court of Harris County Pouncy Pittman v. Pappas Restaurants (Tex.App.- Houston [1st Dist.] July 31, 2008)(Hanks) (shooting in front of restaurant, crime not forseeable, no liability, motion for continuance MFC, due diligence in seeking discovery, admission of evidence) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00575-CV Leah Pouncy Pittman, Individually and on behalf of the heirs at law of the Estate of Delearette Montrail Pittman v. Pappas Restaurants, Inc., d/b/a Pappadeaux Seafood Kitchen Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Tran v. Trinh (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings) (claim of breach of partnership agreement, jury found no partnership agreement, effect of failure to file request for partial record, UDJA attorney's fees) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00662-CV Hang Tran d/b/a Parisian Bakery v. Lien Trinh and Intervenor Manh Tran Appeal from County Civil Court at Law No 1 of Harris County Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings) (auto PI, death, negligence, wrongful death, man running into freeway, no time to swerve, NE-SJ properly granted, failure to preserve error) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00695-CV Clara Kahng, Individually and on behalf of Wony Kahng, Gredo Kahng, Howard Kahng and Sarah Roh v. John Richard Verity Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison CenterPoint Energy Houston Electric LLC V Bluebonnet Drive, Ltd. (Tex.App.- Houston [1st Dist.] July 31, 2008) (Radack) (interpretation of easement, new cell phone technology vs. telephone and telegraph wires in 1929) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Keyes 01-07-00734-CV CenterPoint Energy Houston Electric LLC and SprintCom, Inc. v. Bluebonnet Drive, Ltd., and Petro-Guard Company, Inc. Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach DISMISS APPEAL: Per Curiam Before Justices Nuchia, Alcala and Hanks 01-07-00843-CV Phyllis K. Tomasino v. First Baptist Academy of Houston, Olivia C. Elmore, First Baptist Church of Houston and Gregg Matte Appeal from 152nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-07-01094-CV Rogelio Cabelo Esparza, Jr. v. Department of Family and Protective Services Appeal from 314th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00088-CV William A. Carruthers and Pilgrim's Pride Corporation v. MidCentury Insurance Company of Texas as Subrogeeof Alberto Perez--Appeal from County Civil Court at Law No 2 of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Alcala and Hanks 01-08-00166-CV In re Arbor Capital and Investment Company, Inc. Appeal from 164th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Nuchia, Alcala and Hanks 01-08-00181-CV A&B G.P., 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 v. National Oil Well Varco, L.P. Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00276-CV Hawa U. Fofanah and Foday S. Fofanah v. Christiana Bank & Trust Company Appeal from County Court at Law of Ellis County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-08-00343-CV Andre N. Ammiel v. Sherry L. Atchison Appeal from 310th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Alcala and Hanks 01-08-00478-CV In Re: Linda Hernandez, Jose Hernandez, Javier Vasquez, Claudia Gil, Raul Vasquez and Virgina Vasquez Appeal from 212th District Court of Galveston County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-06-00751-CR Thomas Roy Kennedy v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-06-00752-CR Thomas Roy Kennedy v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-06-00753-CR Thomas Roy Kennedy 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) 01-06-01055-CR Kenneth Dewayne Hayes v. The State of Texas Appeal from 56th District Court of Galveston County OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-01055-CR Kenneth Dewayne Hayes v. The State of Texas Appeal from 56th District Court of Galveston County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-01056-CR Kenneth Dewayne Hayes v. The State of Texas Appeal from 56th District Court of Galveston County OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-01056-CR Kenneth Dewayne Hayes v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00129-CR Aaron Muniz v. The State of Texas Appeal from County Court of Colorado County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-07-00444-CR Stephonie Theresa Kirby v. The State of Texas Appeal from Co Crim Ct at Law No 7 of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-07-00858-CR Ryan Lance Hudnall v. The State of Texas Appeal from 179th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00578-CR John Oliver Hulett v. The State of Texas Appeal from 232nd District Court of Harris County July 24, 2008 Civil Causes Decided: Jackson v. City of Texas City (Tex.App.- Houston [1st Dist.] July 24, 2008)(Keyes) (public employment, collective bargaining agreement, discharge from fire department, dismissal, civil service commission) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00026-CV Anthony Jackson and James Nunez v. City of Texas City and Debbie Lesco, Texas City Civil Service Director Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Dissenting Opinion by Justice Alcala Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland) (divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following nonsuit) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00620-CV Samuel R. Mares, Sr. v. Victor R. Blaine Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC (Tex.App.- Houston [1st Dist.] July 24, 2008)(Nuchia) (special appearance, foreign defendant, purposeful availment) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Alcala and Hanks 01-07-00849-CV Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC Appeal from 234th District Court of Harris County Trial Court Judge: Hon. Reece Rondon Wood v. Texas Chiropractic College (Tex.App.- Houston [1st Dist.] July 24, 2008) (Jennings) (suit by student against private educational institution, DTPA, misrepresentation, no reliance shown, NE-SJ) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft and Jennings, The Honorable Hudson 01-07-00952-CV Kelly Wood v. Texas Chiropractic College Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Walker Elrod Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00265-CR Troy Norman Volk v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00266-CR Troy Norman Volk v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00326-CR Troy Norman Volk v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Justices Taft, Jennings and Bland) 01-07-00594-CR Keith Darrell Stoval v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Jennings and Bland) 01-07-00626-CR Louis Zaragoza v. The State of Texas Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Bland) 01-07-00798-CR Kevin Mitchell v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-07-01118-CR Guillermo Rodriguez v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Bland) 01-08-00025-CR Dorral Lamon Marsenburg v. The State of Texas Appeal from 180th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00357-CR Farrell Andrew Reid v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Bland) 01-08-00458-CR Jeff McClendon v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Bland) 01-08-00459-CR Jeff McClendon v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00467-CR Renard Wayne Davis v. The State of Texas Appeal from 248th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00511-CR Charles Eugene Horn v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00519-CR Johnel Lewis v. The State of Texas Appeal from 337th District Court of Harris County July 17, 2008 Civil Causes Decided: Pessarra v. Seidler (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes) (guardianship proceeding, attorney had no authority to file appeal) DISMISS APPEAL: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-01035-CV Tera Pessara v. Frank Wayne Seidler, Kimberly McMillian, Floyd Christian, Jr., Tera Hollie Stowe and Janet Douvas Chafin Appeal from Probate Court of Brazoria County American International Industries, Inc. v. Surgicare (Tex.App.- Houston [14th Dist.] July 17, 2008)(Keyes) (indemnification for attorney's fees, establishing reasonable and necessary amount of fees) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00116-CV American International Industries, Inc. v. Surgicare, Inc. Appeal from 344th District Court of Chambers County City of Houston v. Buttitta (Tex.App.- Houston [1st Dist.] July 17, 2008)(Hanks) (City of Houston litigation, public employment, firefighters and policemen, disciplinary action, plea to the jurisdiction against city proper, DJA not available here) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Alcala, Hanks and Higley 01-07-00323-CV City of Houston v. Joseph A. Buttitta Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-07-00916-CV Christopher C. Finlay v. Related Corporate XXIII SLP, L.P. Appeal from 270th District Court of Harris County Yilmaz, MD v. McGregor (Tex.App.- Houston [1st Dist.] July 17, 2008)(Higley) (medical malpractice, motion to dismiss, interlocutory appeal, timeliness of service of citation and expert report, defendant not a party prior to being served) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Justices Keyes and Higley 01-07-01116-CV Salih Yilmaz, M.D. v. Eula McGregor, Tommie James, Charles James and Erma Ruth Ervin, as heirs of the Estate of Louis D. James, Deceased, and La Chunda James Appeal from 12th District Court of Grimes County Travelers Indemnity Co. v. Texas Municipal League (Tex.App.- Houston [1st Dist.] July 17, 2008)(Keyes) (arbitration disputes) (no express agreement to arbitrate, motion to compel arbitration denied) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-08-00062-CV Travelers Indemnity Company v. Texas Municipal League Joint Self-Insurance Fund, for itself and as Subrogee of the City of Bunker Hill Village Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli DISMISS APPEAL: Per Curiam (failure to file brief by due date) Before Justices Taft, Jennings and Bland 01-08-00133-CV Henry J. Quanaim v. Allstate Insurance Co., AmeriCredit Finance Co., Martha Guerra and Debra L. Odulaja Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. DISMISS APPEAL: Per Curiam (nonpayment of fees) Before Chief Justice Radack, Justices Keyes and Higley 01-08-00241-CV Victor Perez v. Tommie Davis Appeal from County Civil Court at Law No 4 of Harris County Criminal Causes Decided: MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01084-CR Joseph Tyrone Thompson v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01085-CR Joseph Tyrone Thompson v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00255-CR Charles Edward Serratt v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00421-CR Jonathan Daniel Ledbetter v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-07-00473-CR Juan Segueda v. The State of Texas Appeal from 149th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00184-CR Ededem Edem v. The State of Texas Appeal from 178th District Court of Harris County July 10, 2008 Civil Causes Decided: DISMISS APPEAL: Per Curiam (dismissed by appellant) Before Justices Nuchia, Alcala and Hanks 01-06-00005-CV Southern Architectural Systems, Inc. ("SASI") v. Standard Glass & Mirror, Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker The Kroger Co. v. Persley (Tex.App.- Houston [1st Dist.] July 10, 2008)(Hanks) (premises liability, slip and fall suit, negligent activity) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00567-CV The Kroger Company v. Sylvia R. Persley Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Grant Dorfman Ambulatory Infusion Therapy Specialists, Inc. v. North American Administrators, Inc. (Tex.App.- Houston [1st Dist.] July 10, 2008)(Keyes) (medical coverage law, health care coverage, claim denial, ERISA preemption, breach of contract, promissory estoppel, summary judgment based on limitations, accrual of cause of action) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00756-CV Ambulatory Infusion Therapy Specialists, Inc. v. North American Administrators, Inc. d/b/a North American Health Plans and Osmose, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli DISMISS APPEAL: Per Curiam (nonpayment) Before Chief Justice Radack, Justices Keyes and Higley 01-08-00163-CV Richard Van Meurs and Rosina Van Meurs v. Washington Mutual Bank, FA Appeal from 165th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-08-00313-CV Robert McLendon v. Houston Chronicle Appeal from 55th District Court of Harris County Criminal Causes Decided: DISMISS APPEAL: Opinion by Justice Hanks (Before Justices Nuchia, Alcala and Hanks) 01-06-00807-CR Rita Carol Mercer v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Smith (Before Chief Justice Radack, Justices Higley and Smith) 01-07-00111-CR Lowell Kent Stevens v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00462-CR Ronald Wayne Schofield v. The State of Texas Appeal from 10th District Court of Galveston County July 3, 2008 Civil Causes Decided: The University of Houston v. Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (Higley) (jury award in Whistleblower suit reversed, case remanded for retrial) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Nuchia, Alcala and Higley 01-06-00490-CV The University of Houston v. Stephen Barth Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Dissenting Opinion by Justice Alcala DISMISS APPEAL: Per Curiam (dismissal by appellant) Before Chief Justice Radack, Justices Hanks and Higley 01-06-00722-CV David John Smith v. Penny Morris Smith Appeal from 311th District Court of Harris County Dadi v. Atlas Rehab Group, Inc. (Tex.App.- Houston [1st Dist.] July 3, 2008)(Alcala) (no further appeal from de novo review of small claims court judgment in county court) DISMISS APPEAL: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-06-00922-CV Roghiyeh Dadi v. Atlas Rehab Group, Inc. Appeal from County Civil Court at Law No 3 of Harris County (Judge Bradshaw-Hull) TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008) (Bland) (confirmation of arbitration award against nonparty was error) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00137-CV TransAmerica Occidental Life Insurance Company and TransAmerica Annuity Service Corporation v. Rapid Settlements--Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle TransAmerica Occidental Life Insurance Company v. Rapid Settlements (Tex.App.- Houston [1st Dist.] July 3, 2008) (Bland) (restricted appeal, order confirming arbitration award) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00195-CV Transamerica Occidental Life Insurance Company and Transamerica Annuity Service Corporation v. Rapid Settlements, Ltd. Appeal from County Civil Court at Law No 2 [?] of Harris County Trial Court Judge: Hon. R. Jack Cagle Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.] July 3, 2008)(Nuchia) (credit card suit by assignee against consumer, deemed admissions, sufficiency of summary judgment proof, breach of contract and quantum meruit exclusive of each other) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Alcala and Hanks 01-07-00552-CV Unifund CCR Partners v. Sara Morgan Gellatly Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Rinn v. Wennenweser (Tex.App.- Houston [1st Dist.] July 3, 2008)(Jennings) (real estate law, easement dispute, validity) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00763-CV Leeland Rinn v. Max Wennenweser Appeal from 155th District Court of Austin County Trial Court Judge: Hon. Dan R. Beck DISMISS APPEAL: Per Curiam (dismissed by appellant) Before Chief Justice Radack, Justices Taft and Higley 01-07-00874-CV Deborah Gautney v. Richard Gautney Appeal from County Court at Law No 2 of Galveston County Trial Court Judge: Hon. C. G. Dibrell, III Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft) (attorney disciplinary matter, jurisdiction re: disbarment where criminal conviction was set aside) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-07-01104-CV Daniel Goldberg v. Commission for Lawyer Discipline, and State Bar of Texas Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Concurring Opinion by Justice Jennings Lakota Resources, Inc. v. Pathex Petroleum, Inc (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam) (reversed without regard to merits based on settlement agreement) 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 Alcala 01-08-00199-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc. and ABQ Energy Group, Ltd. Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison 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 Alcala 01-08-00200-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc. and ABQ Energy Group, Ltd. Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison In re Lamar (Tex.App.- Houston [1st Dist.] July 3, 2008)(per curiam denial, interlocutory appeal available, special appearance) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00384-CV In re John and Nanci Lamar Appeal from 215th District Court of Harris County, Texas, the Hon. Levi Benton Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Nuchia, Alcala and Hanks) 01-06-00930-CR Hollis Grizzard, III 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 Jennings and Bland) 01-07-00290-CR Allan Santiago Smith v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00414-CR Brandon Kirk Lair v. The State of Texas Appeal from 262nd District Court of Harris County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00414-CR Brandon Kirk Lair v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00506-CR Jose Ventura Alonzo v. The State of Texas Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-07-00509-CR Roger Lee Schooler v. The State of Texas Appeal from 174th District Court of Harris County DISMISS APPEAL: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00677-CR Richard Fitzgerald Barroso v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISS APPEAL: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00716-CR Richard Fitzgerald Barroso v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Nuchia, Alcala and Hanks) 01-07-00769-CR Christopher Cardell Ceasar v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Justices Taft, Jennings and Bland) 01-07-00780-CR Leon Lugo Andrade v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Nuchia, Alcala and Hanks) 01-07-00799-CR Wen Ping Tong v. The State of Texas Appeal from 248th District Court of Harris County MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings (Before Justices Taft and Jennings, The Honorable Hudson) 01-07-00830-CR Pamela Diana Wilburn aka Susan Broussard v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Nuchia, Alcala and Hanks) 01-07-01028-CR Christopher Cardell Ceasar v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-01029-CR Antonio Martinez Aviles v. The State of Texas Appeal from 338th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00315-CR In re Steven Duane Cathcart Appeal from 248th District Court of Harris County July 1, 2008 Civil Causes Decided: Dissenting Opinion by Keyes in In re Walker (Tex.App.- Houston 2008) (termination of parental rights, jurisdiction, dismissal) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Taft, Jennings and Bland 01-08-00348-CV In re Kristal Timish Walker a/k/a Kristal Timisha Walker Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Criminal Causes Decided: None |