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May 2008 Decision and Opinion Release Dates: May 1, 2, 8, 9, 15, 22, 29, 2008 MAY 2008 CIVIL CASE TABLE MAY 2008 DECIDED CASES (with links to opinions in civil cases) May 29, 2008 Civil Causes Decided: Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala) (TTCA, defamation, dismissal of employee) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer Center v. Ke-Ping Xie, M.D., Ph.D. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (construction law, bonding) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Ashdon, Inc. v. Gary Brown and Assoc. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Keyes) (special apperance, breach of contract, conversion) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala) 01-06-01186-CV Ashdon, Inc. d/b/a Impression Bridal and Emme Bridal, Inc. v. Gary Brown & Associates, Inc., and Gary Brown, Individually Appeal from County Court at Law No 4 of Fort Bend County Trial Court Judge: Hon. R.H. Bielstein DISMISS APPEAL: Per Curiam (dismissed by appellant) Before Justices Taft, Jennings and Bland 01-07-00134-CV Avis Rent A Car System, Inc. v. Christopher Simon and Kiondrix Smith Appeal from Co Civil Ct at Law No 1 of Harris County TDCJ v. Jackson (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (government entities, prisoner suit, defendant prevails with immunity plea on appeal) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00477-CV Texas Department of Criminal Justice v. Donald C. Jackson Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: The Honorable W. Edwin Denman Gordon v. Jones (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (real estate law, trespass to try title action, TTTT, multiple appeals) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00500-CV Ronald X. Gordon v. Mildred Jones Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott Adebo v. Litton Loan Servicing, LP (Tex.App. - Houston [1st Dist.] May 29, 2008)(Radack) (real estte law, no wrongful foreclosure) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00708-CV Adekunle Adebo v. Litton Loan Servicing, L.P. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. Guillory v. DFPS (Tex.App.- Houston [1st Dist.] May 29, 2008)(per curiam) (reversed pursuant to settlement agreement, new trial) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00735-CV Barbara Guillory v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips The City of Pasadena, Texas v. Kuhn (Tex.App.- Houston [1st Dist.] May 29, 2008) (Keyes) (TTCA, collision with emergency vehicle, immunity claim) (denial of plea to the jurisdiction reversed) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00812-CV The City of Pasadena, Texas v. Roland C. Kuhn Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull DISMISS APPEAL: Per Curiam (DWOP, nonpayment of fees) Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00049-CV Steven McBride v. The Grocer's Supply Co., Inc. Appeal from 55th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (dropped by relator) Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00385-CV In re Rapid Settlements, Ltd. Appeal from 11th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00400-CR Desmond Joseph McBride v. The State of Texas--Appeal from Co Civil Ct at Law No 1 of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00788-CR David Alex Thompson v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00337-CR Derrick Cardell Mcleod v. The State of Texas--Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00629-CR Jaime Torres v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00630-CR Jaime Torres v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00631-CR Jaime Torres v. The State of Texas--Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00666-CR Jose Vasquez v. The State of Texas--Appeal from 182nd District Court of Harris County DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00361-CR Peter Silva v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00413-CR James Crumbley v. The State of Texas--Appeal from 338th District Court of Harris County May 22, 2008 Civil Causes Decided: Astolfo v. Hobby Lobby Stores, Inc. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft) (premises liability, store, falling objects) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala) 01-06-00486-CV Patricia Astolfo and Harry Astolfo v. Hobby Lobby Stores, Inc. Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Attorneys: Nuru Lateef Witherspoon, David L. Pacione Reed v. REO Properties Corp. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Alcala) (waiver of appeal, inadequate briefing) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-06-00637-CV Willis C. Reed v. REO Properties Corp. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Representatives of parties: Appellant pro se Appellee: Attorney Rex L. Kesler Capital Finance & Commerce AG v. First International Oil (Tex.App.- Houston [1st Dist.] May 22, 2008)(Radack) (foreign defendant, interlocutory appeal of special appearance) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Hanks and Higley 01-06-00822-CV Capital Finance & Commerce AG v. First International Oil Corporation n/k/a First International Oil Co., Ltd; FIOC Holder Representative, L.L.C.; Daniel Idzal; Bill D. Holland; Dennis B. Tower; and Sinopec Overseas Oil & Gas, Ltd.--Appeal from 55th District Court of Harris County Trial Court Judge: The Honorable Jeffrey Vince Brown Attorneys: Attorney John E. O'Neill, Reagan D. Pratt, Maria Wyckoff Boyce , Rebeca Aizpuru Huddle, Rosemarie Donnelly, Sylvia A. Matthews, Joe C. Holzer, Kendall M. Gray Joe C. Holzer Kindsfather v. Green (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft)(real estate law, forged deed) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01111-CV Ray Kindsfather v. Frank Green Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Appellante: Ray Kindsfather, pro se; Appellee's attorney: Erin L. Westendorf, John Hagaman Polk Melendez v. De Lemos (Tex.App. - Houston [1st Dist.] May 22, 2008)(Radack) (construction law, summary judgment, arbitration) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-07-00115-CV Roberto Melendez v. David and Helen De Lemos Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke, Jr. Attorneys: William M. Walls, William B. Westcott, David D. Peden Nancy Hahn Elliott Ozark Capital Corp. V. Udall (Tex.App.- Houston May 22, 2008)(per curiam)(failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-07-00135-CV Ozark Capital Corporation v. David L. Udall and Jeanne Udal Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Edascio, LLC v. NextiraOne, LLC (Tex.App.- Houston [1st Dist.] May 22, 2008)(Jennings) (commercial law, breach of contract, JNOV, parol evidence rule bars introduction of evidence to prove claim) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00362-CV Edascio, L.L.C. v. NextiraOne, L.L.C. Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Attorneys: Stephen G. Tipps, James J. Ormiston, D. Scott Funk, Jennifer Kingaard | Sean Gorman, James E. Doyle Carlson v. Remington Hotel Corp. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Nuchia) (premises liability, res ipsa loquitur) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00376-CV Lori Carlson and Shannon Carlson v. Remington Hotel Corporation d/b/a Hilton Houston NASA Clear Lake; New Clear Lake Hotel d/b/a Nassau Bay Hilton; and New Clear Lake Group, GP, LLC Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Attorney(s): Clay Dugas , Mike Jacobellis | J. Preston Wrotenbery Kevin D. Jewell Halabu v. Petroleum Wholesale, LP (Tex.App.- Houston [1st Dist.] May 22, 2008)(Bland) (special appearance, forum selection clause enforced) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00614-CV Shamil Halabu v. Petroleum Wholesale, L.P. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Attorneys: Sean S. Modjarrad Roger G. Jain Patty A. Morris | Stuart W. Lapp Daniel Prescott McManus San Jacinto Methodist Hospital v. Carr (Tex.App. - Houston [1st Dist.] May 22, 2008)(Bland) (HCLC, med-mal, medical malpractice suit, expert report, motion to dismiss HCLC properly denied) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00655-CV San Jacinto Methodist Hospital v. Guy Patrick Carr and Terri Carr Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge Attorneys: Iain Gordon Simpson, Oscar Luis De La Rosa | Attorney Craig Lewis Mbonu v. Office of the Attorney General (Tex.App.- Houston [1st Dist.] May 22, 2008)(Radack) (family law, paternity, retroactive child and medical support, restricted appeal of UIFSA default judgment fails) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00659-CV Chike Rapulueke Mbonu v. Office of the Attorney General Appeal from 328th District Court of Fort Bend County Trial Court Judge: Hon. Ronald R. Pope Attorneys: John Oghenewoke Mukoro | AAGs: Martin J. Grimm Rande K. Herrell, John B. Worley, Michael D. Becker See subsequent Texas Sup. Ct. Opinion : In Re Jindal Saw Limited, No. 08-0805 (Tex. Feb. 27, 2009)(per curiam) (mandamus) (arbitration, nonsignatories, wrongful death beneficiaries compelled to arbitrate, workplace death) In re Jindal Saw Limited (Tex.App.- Houston [1st Dist.] May 22, 2008, pet. granted)(Alcala) (workplace safety, occupational injury, worker's comp, nonsubscriber, arbitration, wrongful death, survival action) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-01068-CV In re Jindal Saw Limited, Jindal Enterprises LLC, and Saw Pipes USA Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Attorneys: Levi G McCathern II, Jeffrey Christopher Wright | Attorney Kurt B. Arnold, Marvin B. Peterson, Micajah Daniel Boatright Midwest Industrial Supply, Inc. v. David Villejoin (Tex.App.- Houston [1st Dist.] May 22, 2008)(per curiam dismissal) (nonpayment of required fees) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00022-CV Midwest Industrial Supply, Inc. v. David Villejoin Appeal from 239th District Court of Brazoria County Trial Court Judge: Hon. Patrick Edward Sebesta ATCO-Valley Plaza, LLC v. The Gates Corp. (Tex.App.- Houston [1st Dist.] May 22, 2008)(per curiam) dismissal)(failure to pay for clerk's record) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-08-00073-CV ATCO-Valley Plaza, L.L.C. v. The Gates Corporation, Oklatex Corp., Brown, Butera & MacDougall, Inc., Oklatex Protectors, Inc., Priscilla G. Nelson (a/k/a Gail P. Nelson and Priscilla Gail Sanders), and Sandra J. Boatman (a/k/a Sandra Sapp Boatman) Appeal from 133rd District Court of Harris County Fontenot v.Maddox Landscaping and Lawn Co. (Tex.App.- Houston [1st Dist.] May 22, 2008)(per curiam dismissal) (nonpayment of fees) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Alcala and Hanks 01-08-00092-CV Sherman T. Fontenot v. Maddox Landscaping and Lawn Co. d/b/a Maddox Landscaping and Lawn Care and Jose Santos Martinez Appeal from 240th District Court of Fort Bend County Trial Court Judge: Hon. Thomas R. Culver III Lish v. Washington Mutual Bank Serving Agent (Tex.App.- Houston [1st Dist.] May 22, 2008)(per curiam dismissal) (failure to pay fees) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-08-00110-CV Nathan Lish v. Washington Mutual Bank Serving Agent Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle In re The Office of Attorney General of Texas (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft) (mandamus granted) (order found void, entered after expiration of plenary jurisdiction, appeal from associate judge to referring court) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft Before Justices Taft, Jennings and Bland 01-08-00114-CV In re The Office of the Attorney General of Texas Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Nuchia (Before Justices Nuchia, Hanks and Higley) 01-07-00505-CR Timothy Michael Hartless v. The State of Texas--Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-07-00797-CR Daniel G. Swartz v. The State of Texas--Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00303-CR James Rowland v. The State of Texas--Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00321-CR Jose Villegas v. The State of Texas--Appeal from Co Crim Ct at Law No 12 of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00346-CR Jayson Brent Dickinson v. The State of Texas--Appeal from 400th District Court of Ft. Bend County DISMISS APPEAL: Per Curiam (Before Justices Taft, Jennings and Bland) 01-08-00356-CR Ralph Torres v. The State of Texas--Appeal from 337th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00393-CR Jayson Brent Dickinson v. The State of Texas--Appeal from 400th District Court of Ft. Bend County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Keyes and Higley) 01-08-00394-CR Jayson Brent Dickinson v. The State of Texas--Appeal from 400th District Court of Ft. Bend County Civil Causes Decided: May 15, 2008 DISMISS APPEAL: Per Curiam (dismissal for nonpayment of required fees) Before Chief Justice Radack, Justices Keyes and Higley 01-06-00241-CV Alland Lee Hagans v. J. P. Rivers #1613; Sergeant Alegria; Tommy Thomas, Sheriff; Caryn Hammons, L.V.N.; Ultrastaff Appeal from 113th District Court of Harris County ARCO Construction Co., Inc. v. Americon Services Co., Inc (Tex.App.- Houston [1st Dist.] May 15, 2008)(Higley) (construction law, Prompt Payment Act, attorney's fees) Before Justices Nuchia, Hanks and Higley 01-06-00846-CV ARCO Construction Company, Inc. v. Americon Services Company, Inc. Appeal from County Civil Court at Law of Harris County Lofton v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks) (real estate law, trespass to try title, adverse possession, right to trial by jury waived, motion for continuance denied) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler, Delilah A. Lofton, and Horace Lofton v. Eddie Dyer Appeal from 278th District Court of Grimes County Trial Court Judge: Hon. Kenneth Keeling DISMISS APPEAL: Per Curiam (failure to pay for record on appeal) Before Chief Justice Radack, Justices Keyes and Higley 01-08-00040-CV Electro Remediation Technologies, L.L.C. v. Pelican Waste, Inc., Ken Miller, Jr., Tracy Bias and Jason Miller Appeal from 157th District Court of Harris County DISMISS APPEAL: Per Curiam (involuntary dismissal for nonpayment of fees) Before Chief Justice Radack, Justices Keyes and Higley 01-08-00189-CV Deutsche Bank Trust Company Americas v. Charles Berry Appeal from 234th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Lagarde (Before Justices Keyes, Alcala and Lagarde) 01-06-00521-CR Hernan Arquimides Ramos v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-07-00237-CR Torriano Darrell Jennings v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Justices Taft, Jennings and Bland) 01-07-00336-CR John Carl Allen v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-07-00504-CR Gerardo Ramirez v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00986-CR James Douglas Crowder v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-07-00994-CR Edward George McGregor v. The State of Texas Appeal from 178th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-07-01087-CR John Morris Billingsley v. The State of Texas Appeal from 338th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00102-CR Terron William Ramlal v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Chief Justice Radack, Justices Jennings and Bland) 01-08-00127-CR Cedric Shun Smith v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Alcala and Hanks) 01-08-00300-CR Clifton Moore III v. The State of Texas Appeal from 262nd District Court of Harris County May 9, 2008 Civil Causes Decided: Banani v. Meas Family Partnership (Tex.App.- Houston [1st Dist.] May 9, 2008)(per curiam) (settled according to mediator) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Bland 01-07-00316-CV Kamal Banani and Mehdi Daryani v. Meas Family Partnership Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Criminal Causes Decided: None May 8, 2008 Civil Causes Decided: Blitz Holding Corp. v. Grant Thornton, LLP (Tex.App. - Houston [1st Dist.] May 8, 2008)(Opinion on rehearing by Radack) (investments, debt restructuring, promissory note, foreclosure, proof of damages) (Justice Alcala recused) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justice Jennings 01-04-00627-CV Blitz Holdings Corp., and GMC Corporation, Ltd v. Grant Thornton, LLP, Deloitte & Touche, LLP, Chamberlain, Hrdlicka, White, Williams & Martin, LLP and C. Thomas Scott Appeal from 208th District Court of Harris County, according to docket (should be 280th District, though) Trial Court Judge: Hon. Tony Lindsay Rodea v. Chevron (Tex.App.- Houston [1st Dist.] May 8, 2008)(Alcala) (sex discrimination suit, employment law) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00412-CV Katie Rodea v. Chevron Phillips Chemical Company, LP Appeal from 55th District Court of Harris County Trial Court Judge: The Honorable Jeffrey V. Brown DeClaire v. G&GB McIntosh Family Limited Partnership (Tex.App.- Houston [1st Dist.] May 8, 2008)(Opinion on rehearing by Keyes) (promissory note) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-06-00423-CV Christopher G. DeClaire ("DeClaire") v. G&B McIntosh Family Limited Partnership Appeal from 269th District Court of Harris County Trial Court Judge: The Honorable John T. Wooldridge Dow Supply Co. v. Houston Tubulars Inc. (Tex.App.- Houston [1st Dist.] May 8, 2008)(Alcala) (res judicata bars claim) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00987-CV Dow Supply Company v. Houston Tubulars Incorporated Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Diane Bull Salaymeh v. Plaza Centro, LLC (Tex.App.- Houston [1st Dist.] May 8, 2008)(Hanks) (enforcement, judicial sale to satisfy judgment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-01178-CV Mohammad Salaymeh v. Plaza Centro, LLC; Peter Pratt Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Grider v. Mike O'Brien, PC (Tex.App.- Houston [1st Dist.] May 8, 2008)(Hanks) (legal malpractice suit stemming from medical malpractice suit) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Nuchia and Hanks 01-07-00006-CV Rebecca Dunn Grider v. Mike O'Brien, P.C., O'Quinn & Laminack, and its Successor in Interest, The O'Quinn Firm, John M. O'Quinn, and Kaiser & May, L.L.P. Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn P. Wood Neal v. Garcia-Horrerios (Tex.App.- Houston [1st Dist] May 8, 2008)(Jennings) (negligence, due diligence in serving defendant, statute of limitations) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-01103-CV Candace Neal v. George Garcia-Horrerios Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey In re Atlantic Specialty Ins. Co. (Tex.App.- Houston [1st Dist.] May 8, 2008)(per curiam) (mandamus denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Hanks and Higley 01-08-00289-CV In re: Atlantic Specialty Insurance Company Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randall W. Wilson Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes (Before Justices Taft, Keyes and Alcala) 01-07-00144-CR Jose Clinton Santos v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00264-CR Jose Adan Rodriguez v. The State of Texas Appeal from 338th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-07-00463-CR Wael A. Kassem v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-08-00157-CR Dan Thomas v. The State of Texas Appeal from 232nd District Court of Harris County May 2, 2008 Civil Causes Decided: Lantier v. Grasso Production Management, Inc. (Tex.App.- Houston [1st Dist.] May 2, 2008)(dismissed by appellant) DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-00325-CV Sonya Denise Lantier, Individually and as Personal Representative of the Estate of her Husband, Bryan Keith Lantier, Deceased and a/n/f for their Minor Children, Layne Aucoin, Saraya Aucoin, Rickey Lantier and Gabriel Lantier v. Grasso Production Management, Inc,; Blue-Stream Services, LLC; Industrial Helicopters, Inc; Houston Exploration Company; and Bell Helicopter Textron, Inc. Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Kent C. Sullivan Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-07-00834-CR In re Robert Solis--Appeal from 240th District Court of Fort Bend County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-08-00236-CR In re Robert Solis--Appeal from 240th District Court of Fort Bend County May 1, 2008 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Bland 01-04-00811-CV Stapp Towing Company, Inc. v. John O'Keeffe and Phyllis O'Keeffe Appeal from 212th District Court of Galveston County McLane v. McLane (Tex. App.- Houston [1st Dist.] May 1, 2008)(Op. on motion for rehearing by Hanks)(child support decrease, intentional underemployment found to justify deviation from guideline amount, retroactive application) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00634-CV Michael McLane v. Sandra Helene McLane Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Frank B. Rynd DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Jennings and Bland 01-07-00637-CV Warren R. Senior, Jr. v. Ortha Carpenter Appeal from Co Civil Ct at Law No 4 of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-06-00320-CR Amanda Linville 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 Chief Justice Radack (Before Chief Justice Radack, Justices Alcala and Bland) 01-06-00656-CR Ernest Murry Moore v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Judge Wilson (Before Judge Wilson, Justices Nuchia and Hanks) 01-06-01079-CR Jesse Lopez Jr. v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-07-00170-CR Keith Anthony Marine v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Hanks and Higley) 01-07-00171-CR Keith Anthony Marine v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-07-00238-CR James Hayes v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Keyes and Alcala) 01-07-00239-CR James Hayes v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00441-CR Michael Edward Jiron v. The State of Texas Appeal from 209th District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Nuchia, Keyes and Hanks) 01-07-00449-CR Sherman L. Harris v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings (Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00476-CR Sudan El-Amin v. The State of Texas Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks (Before Justices Nuchia, Hanks and Higley) 01-07-00857-CR Kathleen Sue Kious v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam (Before Justices Taft, Keyes and Alcala) 01-07-01071-CR Delisa Marie Russell v. The State of Texas Appeal from 338th District Court of Harris County |
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