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March 2008 Decision and Opinion Release Dates: Mar. 6, 11, 13, 2008 MARCH 2008 CIVIL CASE TABLE MARCH 2008 DECIDED CASES (with links to opinions in civil cases) March 27, 2008 Civil Causes Decided: Landers v. State Farm Lloyds (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Subst. opinion by Hanks) (summary judgment, motion for continuance) AFFIRM TC JUDGMENT: Opinion by Justice Hanks 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 Trial Court Judge: Hon. Tony Lindsay Scott v. King (Tex. App. - Houston [1st Dist.] Mar. 27, 2008)(Hanks)(defamation, IIED, Election Code violation) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00565-CV John C. Scott v. William E. King Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Huepers. v. Thompson (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Alcala) (termination of parent's rights) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00817-CV Marjorie Huepers v. Amy Michelle Thompson Appeal from 300th District Court of Brazoria County Trial Court Judge: The Honorable W. Edwin Denman Clark v. Wells Fargo Bank, NA (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Hanks) (probate law, right to survivorship, CDs) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00896-CV Russell Scott Clark, Jerry Ann Clark, Levi Clifford Clark, Cayleigh Rene, Chance Parker, Whitney Blair Clark, Brett Allen Metcalf, Robin Renee Metcalf Saxon, Branden Dean Metcalf, Shannon Kay Small, Jordan Dane Small and Madison Shae Small v. Wells Fargo Bank, NA., Successor-In-Interest to First Community Bank, NA and the Estate of Parker Williams Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Clark v. Wells Fargo Bank, NA (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Hanks) DISMISS APPEAL: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00165-CV Russell Scott Clark, Jerry Ann Clark, Levi Clifford Clard, Cayleigh Rene, Whitney Clair Clark, Brett Allen Metcalf, Robin Rene Metcalf Saxon, Brandon Dean Metcalf, Shannon Kay Small, Jordan Dane Small v. Wells Fargo Bank, N.A., Successor-in-Interest to First Community Bank, N.A. Appeal from Probate Court No 1 of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-07-00918-CV George N. Vailas v. Anastasia Vailas Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. Ronald Pope DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-07-00978-CV Dr. Melissa Bondy, Ph.D v. Naghi Namakforoosh d/b/a Market Study International Appeal from Co Civil Ct at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-01096-CV Steven Gregory Ellis v. Southwest Suburban Development Co., Inc. Appeal from 240th District Court of Fort Bend County Trial Court Judge: Hon. Thomas R. Culver, III DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (March 27, 2008) Before Justices Nuchia, Hanks and Higley 01-08-00099-CV In re Omar de la Cruz Medina and Juan Benitez-Martinez Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw Hull Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-00867-CR Terrance Jones v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00208-CR Marshall Alan Dewbre v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00508-CR Walter Anthony Grayson v. The State of Texas Appeal from 262nd District Court of Harris County March 25, 2008 Civil Causes Decided: Ex Parte Waller ISD (Tex.App.- Houston [1st Dist.] Mar. 25, 2008)(Taft) DISMISS APPEAL: Opinion by Justice Taft Before Justices Taft, Nuchia and Keyes 01-08-00172-CV Ex Parte Waller Independent School District Appeal from 155th District Court of Waller County Trial Court Judge: Hon. Dan R. Beck Criminal Causes Decided: March 20, 2008 Civil Causes Decided: Brown & Brown of Texas v. Omni Metals, Inc. (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Nuchia) (insurance law, coverage, Insurance Code violation, DTPA, negligent misrepresentation, large judgment reversed) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia 01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company v. Omni Metals, Inc. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Duran v. Citibank (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Taft) (consumer credit, credit card suit, evidence, attorney's fees, creditor prevails, summary judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-06-00636-CV Zeke Duran, III v. Citibank (South Dakota), N.A. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, PC (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Higley) (commercial, financial litigation) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden, Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Stamper v. Knox (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Keyes) (family law, presumption of paternity, nonpaternity, DNA testing, equitable estoppel) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes 01-06-00875-CV Michelle Stamper f/k/a Michelle Knox v. Stanley Keith Knox Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Concurring Opinion by Justice Jennings in Stamper v. Knox Trial Court Judge: Hon. Janis L. Yarbrough Taylor v. Taylor (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Higley) (family law, SAPCR, grandparent custody, exclusion of evidence, sanctions, consideration of best interest) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley 01-07-00571-CV Joseph Ray Taylor v. Kevin Taylor and Cheryl Taylor Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Irannezhad v. Aldine ISD (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Jennings) (property tax litigation, tax suit, delinquent taxes) AFFIRM TC JUDGMENT: Opinion by Justice Jennings 01-07-00794-CV Mohammad Irannezhad v. Aldine Independent School District Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam 01-08-00130-CV In re Nathan Lish Appeal from County Civil Court at Law No 1 of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes 01-06-01191-CR Maurice Long-Edwards v. The State of Texas--Appeal from 178th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley 01-07-00209-CR Rusty Bobby Russell v. The State of Texas--Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-07-00240-CR Kimberly M. Jones v. The State of Texas--Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00252-CR Patrick Luigi Baynes Jr. v. The State of Texas--Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings 01-07-00767-CR Rolando Kevin Lee v. The State of Texas--Appeal from 174th District Court of Harris County March 18, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Bland 01-07-00440-CV In re Joseph Thomas Appeal from 310th District Court of Harris County Criminal Causes Decided: March 14, 2008 Civil Causes Decided: DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam 01-07-00947-CV In re Dwayne Kent Singleton Appeal from Probate Court No 3 of Harris County Criminal Causes Decided: March 13, 2008 Civil Causes Decided: Ronald Lee Alexander v. Duer (Tex.App.- Houston [1st. Dist.] Mar. 13, 2008)(Hanks) (Rule 202 deposition, ILA not authorized, DWOJ) DISMISS APPEAL: Opinion by Justice Hanks 01-06-00256-CV Ronald Lee Alexander Appeal from 215th District Court of Harris County Trial court judge: Hon. Levi Benton DISMISS APPEAL: Per Curiam (dismissal requested by appellant) 01-06-00898-CV Architrave Construction and Design, Inc. v. First Class Child Development Center, Inc. Appeal from 157th District Court of Harris County Trial court judge: Hon. Randall Wilson Backhus v. Werchan Wisnoski (Tex.App. - Houston [1st Dist.] Mar. 13, 2008)(Nuchia) (probate law, construction of will, real estate law, partition of land) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia 01-07-00041-CV Sharon Swank Backhus; Benjamin F. Swank, III; Shannon Lea Werchan Pickering; Swank Turner Backhus; Benjamin Fontaine Swank, IV; Christian Harris Swank; and Suzanne Swank Porter v. Haven Lynn Werchan Wisnoski and Shane Alan Werchan Appeal from 12th District Court of Grimes County Trial Court Judge: Hon. William McAdams Poland v. Dr. James Willerson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Taft) (HCLC, expert report, TTCA, election of defendant, govt unit) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-07-00198-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. James Willerson Appeal from 152nd District Court of Harris County (Judge Ken Wise) Peden v. City of West University Place (Tex. App. - Houston [1st Dist.] Mar. 13, 2008)(per curiam) (joint motion to reverse pursuant to settlement) VACATE TC JUDGMENT AND DISMISS CASE: Per Curiam 01-07-00576-CV Tom and Paula Peden v. City of West University Place, The West University Zoning Board of Adjustment and Harris County, Texas Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn Wood Esparza v. Peterson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(per curiam) (agreed reversal and dismissal on joint motion per settlement agreement) DISMISS APPEAL: Per Curiam (Joint motion to vacate judgment, dismiss appeal, release supersedeas bond) 01-07-00791-CV Victoria T. Esparza and American Habilitation Services, Inc. v. Lana Peterson, Individually and Mathew Peterson, Individually and Don Worley, as Independent Administrator of the Estate of David B. Peterson, Deceased--Appeal from Probate Court No 2 of Harris County Trial court judge: Hon. Mike Wood Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before ) 01-04-01210-CR Damacia Busby v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before ) 01-06-01005-CR Michael Franklin Matos v. The State of Texas--Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before ) 01-07-00092-CR Javier Hernandez v. The State of Texas--Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before ) 01-07-00143-CR Merkle Charles Judge v. The State of Texas--Appeal from Co Crim Ct at Law No 2 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before ) 01-07-00348-CR Anthony Lerma v. The State of Texas--Appeal from 337th District Court of Harris County DISMISS APPEAL: Per Curiam (Before ) 01-08-00076-CR Lapas Soto v. The State of Texas--Appeal from 185th District Court of Harris County March 11, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam 01-08-00129-CV In re Eva Pena--Appeal from 308th District Court of Harris County Criminal Causes Decided: March 6, 2008 Civil Causes Decided McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston [1st Dist.], March 6, 2008)(Alcala) (employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton National Football League Players Inc. v. Balek's Bar-B-Q (Tex. App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia) (bill or review, default judgment on breach of contract, BoC, counterclaim) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia 01-06-01106-CV National Football League Players Incorporated and National Football League Players Association v. Blake's Bar-B-Q, Inc. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Alexander v. Malek (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (pro se suit against opposing counsel, misrepresentation) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-06-01156-CV Myrtis Alexander v. Louise Benjamin Malek Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Ebrahim v. Middlebury Properties, II (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia) (lease law, property code, preservation of error, TC record) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia 01-06-01175-CV Lisha Ebrahim v. Middlebury Properties, II, L.P. Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Khan v. Hasan (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (premises liability, slip and fall claim) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00082-CV Shahnaz Khan v. Ferhat M. Hasan and Manzoor Hasan Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Jennifer Elrod Lichtenburg v. Conmed Corp. (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (HCLC, medical liability, breast reduction surgery, expert testimony) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-07-00230-CV Phyllis Litchenburg, and Jack Litchenburg v. Conmed Corporation (a/k/a ConMed Aspen Labs) Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Olvera v. Olvera (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (family law, mediated settlement agreement stands) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00231-CV Maria Reyna Olvera v. Jose Pablo Olvera Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Hellums Texas Mutual Ins. Co. v. Havard (Tex. App.- Houston [1st Dist.] Mar. 6, 2008)(Bland) (workers comp, compensability, intoxication claim, sanctions, failure to impose sanctions not error) AFFIRM TC JUDGMENT: Opinion by Justice Bland 01-07-00268-CV Texas Mutual Insurance Company v. Richard Havard Appeal from 21st District Court of Washington County Trial court judge: Hon. Reva L. Towslee Corbett Harrignton v. Finley Resources, Inc. (Tex.App. - Houston [1st Dist.] Mar. 6, 2008)(per curiam) (substitution) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Per Curiam 01-07-00652-CV Douglas Harrington and Marsha Harrington v. Finley Resources, Inc., As Assignee of Ty Miller and Tonia Miller Appeal from 268th District Court of Fort Bend County Trial court judge: Hon. Brady G. Elliott Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before ) 01-06-00947-CR Edward Thomas Holloway v. The State of Texas--Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Taft (Before ) 01-06-00971-CR Darryl Wayne Taylor v. The State of Texas--Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before ) 01-06-01000-CR Adam Tristan Houston v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before ) 01-06-01001-CR Adam Tristan Houston v. The State of Texas--Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before ) 01-06-01103-CR Kevin Patrick Doyle v. The State of Texas--Appeal from Co Crim Ct at Law No 4 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before ) 01-07-00048-CR Georgia Lynn Marshall v. The State of Texas--Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before ) 01-07-00738-CR Samuel Purchase v. The State of Texas--Appeal from 337th District Court of Harris County |
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| 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 |
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