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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 |
November 2008 Decision and Opinion Release Dates: Nov. 6, 7, 13, 14, 18, 20, 25, 26, 2008 NOVEMBER 2008 CIVIL CASE TABLE November 26, 2008 Civil Causes Decided: SIMULIS LLC v. G.E. Electric Corp (Tex.App.- Houston [1st Dist.] Nov. 26, 2006)(Taft) (garnishment of payroll funds approved) AFFIRM TC JUDGMENT: Opinion by JusticeTim Taft Before Justices Taft, Keyes and Alcala 01-06-01041-CV SIMULIS, L.L.C. v. General Electric Corporation and Amegy Bank of Texas Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Nabelek v. City of Houston (Tex.App.-Houston [1st Dist.] Nov. 26, 2008)(Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01097-CV Ivo Nabelek v. City of Houston, et al Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Nabelek v. City of Houston (Tex.App.- Houston [1st Dist.] Nov. 26, 3008)(Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01097-CV Ivo Nabelek v. City of Houston, et al Appeal from County Civil Ct at Law No 3 of Harris County French v. Gilbert (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Taft) (malpractice, abatement vs. dismissal) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00186-CV Kenneth Leon French, Nancy Jane French, and Karen Lyn French v. Tracy A. Gilbert, Joe M. Enis, C. Scott Wonderly, and Gilbert, Enis & Wonderly, P.C. Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Liu v. DFPS (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Wilson) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Keyes and Higley 01-07-00899-CV Sally Liu v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Criminal Causes Decided: November 25, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Keyes and Higley) Non 01-08-00951-CV In re Mark McSchaffry- Appeal from Co Civil Ct at Law No 3 of Harris County Criminal Causes Decided: None November 20, 2008 Civil Causes Decided: Mooseviadeen v. Toote Tigard, (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Nuchia) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Bland 01-06-00002-CV Seyed Hassan Moosaviadeen v. Lillian Marian Foote Tigard, et al. Appeal from 151st District Court of Harris County City of Houston v. Southern Electrical Services (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00808-CV The City of Houston v. Southern Electrical Services, Inc., as Assignee of The Morganti Group, Inc. and The Morganti Group, Inc.--Appeal from 157th District Court of Harris County DISMISS APPEAL: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00975-CV Fahren Fallon Favien (aka Marcus Dewayne Jones) v. The Office of the Attorney General--Appeal from 245th District Court of Harris County In Re Rein Henderson, Deceased (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01008-CV In the Estate of Rein Henderson, Deceased Appeal from County Court at Law No 4 of Fort Bend County Carter v. City of Galveston (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-01010-CV Charlene Carter v. City of Galveston Appeal from 56th District Court of Galveston County Garcia v. Harding (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Wilson, Justices Jennings and Bland 01-07-01049-CV Ann Mercadel Garcia v. Robert E. Harding Appeal from 300th District Court of Brazoria County SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00043-CV Henry H. Taylor and Carolyn M. Taylor v. Resurgence Financial, L.L.C. Appeal from County Court at Law No 2 of Fort Bend County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Taft and Nuchia 01-08-00070-CV Dennie Bruns v. Top Design Incorporated Appeal from 56th District Court of Galveston County Donaho v. Bennet (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Alcala)(temporary injunction appeal, TI not void (breach of fiduciary duty, fraud, tortious interference with current and prospective business relations, and conversion) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00492-CV Mark Donaho v. King Wade Bennett Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley) 01-08-00799-CV In re Dennie Bruns Appeal from 56th District Court of Galveston County DISMISS PETITION FOR WRIT OF PROHIBITION: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00800-CV In re Dennie Bruns Appeal from 56th District Court of Galveston County DISMISS PETITION FOR WRIT OF INJUNCTION: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00801-CV In re Dennie Bruns Appeal from 56th District Court of Galveston County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00708-CR Nicholas Wilford Diedrick v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-01136-CR Jacob Eguia v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-06-01171-CR Matthew Thomas Garrett v. The State of Texas Appeal from 239th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-06-01172-CR Matthew Thomas Garrett v. The State of Texas Appeal from 239th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-06-01173-CR Matthew Thomas Garrett v. The State of Texas Appeal from 239th District Court of Brazoria County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00069-CR Ashton Joel Carmen v. The State of Texas Appeal from 300th District Court of Brazoria County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00069-CR Ashton Joel Carmen v. The State of Texas Appeal from 300th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00254-CR Kenneth Maurice Bustos 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 01-07-00474-CR Leah D. Monroe v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00860-CR Joseph Denver Smith v. The State of Texas Appeal from Co Crim Ct at Law No 4 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00922-CR Faruq Kwame Jabari v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00985-CR Jason Edward McMaster v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00389-CR Jose Zuniga v. The State of Texas Appeal from 56th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00568-CR John Joseph Harrington v. The State of Texas Appeal from 252nd District Court of Jefferson County November 18, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam Before Justices Taft, Higley and Bland 01-08-00928-CV In re Clifford Alan Casey Appeal from County Court at Law of Washington County Criminal Causes Decided: November 14, 2008 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00782-CV In re Ruben S. Martin III Appeal from 215th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00913-CV In re Kadar Hamilton--Appeal from 257th District Court of Harris County Criminal Causes Decided: November 13, 2008 Civil Causes Decided: Bio Landscape & Maintenance, Inc. v. Morse (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Jennings) (appeal, partial record) AFFIRM TC JUDGMENT: 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 Trial Court Judge: Hon. Mark Davidson Delahoussaye v. Kana (T3x.App. - Houston [1st Dist.] Nov 13, 2008)(Alcala) (suit for return of real property, rescission of deed, gift) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00579-CV Marie Delahoussaye v. Lisa Kana Appeal from 344th District Court of Chambers County Trial Court Judge: Hon. Carroll E. Wilborn, Jr A/K Service LLC v. HCAD (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Hanks) (exclusion of evidence, no harm) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00169-CV A/K Service, LLC v. Harris County Appraisal District Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Lara-Robledo v. Salmons (Tex.App.- Houston [1st Dist.] Nov. 13, 2008)(Hanks) (naming defendant properly, dba, partnership, default judgment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00230-CV Juan Jose Lara-Robledo v. Robert Salmons d/b/a Saga City Development Co. Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00802-CV In re Ronald R. Pate Appeal from 310th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-08-00263-CR Victor Cantu v. The State of Texas Appeal from 52nd District Court of Coryell County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00737-CR Misty Renee Reddicks v. The State of Texas Appeal from 337th District Court of Harris County November 7, 2008 Civil Causes Decided: Criminal Causes Decided: Safety National Casualty Corp. v. State of Texas (Tex.App.-Houston [1st Dist.] Nov. 7, 2008)(Nuchia) (forfeiture, supplemental opinion) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00122-CR Safety National Casualty Corporation v. State of Texas 01-07-00123-CR Safety National Casualty Corporation, Michael W. Cox v. State of Texas Appeal from 180th District Court of Harris County November 6, 2008 Civil Causes Decided: Chau v. Riddle, MD (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Hanks) (opinion on remand) (HCLC, botched intubation of newborn) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Keyes and Hanks 01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child, Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A. Appeal from 55th District Court of Harris County Trial Court Judge: Hon. Jeffrey Brown Hilburn v. Providian Holdings, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Taft) (interpretation of easement agreement, untimely designation of expert witness) (UDJA, interpretation of easement agreement, untimely designation of expert witness, attorney's fees expert) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Alcala 01-06-00961-CV Barbara Hilburn v. Providian Holdings, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Stoker v. Stoker (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) (divorce, property division, economic contribution claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00056-CV Ronnie H. Stoker v. Diane Fischer Stoker Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Hahn v. Love (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Higley) (real estate law , judgment lien, cloud on title, constructive trust counterclaim, intervention, satisfaction of judgment) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-07-00096-CV Allon R. Hahn, Individually and d/b/a Hahn's Gulf Service v. Bertrand Love Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Ronald L. Wilson Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(opinion on rehearing by Radack) (attorney fee litigation, breach not excused, duress defense unsuccessful, justification defense fails) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd In Interest of BHG (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(per curiam) (termination appeal) DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-01001-CV In The Interest of B.H.G., A Child Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster DISMISS APPEAL: Per Curiam (failure of appellant to file brief). Before Justices Taft, Keyes and Alcala 01-08-00006-CV Stephanie A. Lewis v. Resurgence Financial, L.L.C. Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Ross v. Nicon Construction, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008) (interlocutory appeal, special appearance) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00228-CV Thomas A. Ross d/b/a RHI Claims Specialist v. Nicon Construction, Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Cramer v. State Farm Mutual Auto Ins. Co. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Jennings) (denial of motion to transfer venue re determined de novo by county court on appeal) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland) 01-08-00270-CV Daniel Cramer and Saejin Cramer v. State Farm Mutual Automobile Insurance Company Appeal from County Court at Law No 1 of McLennan County Trial Court Judge: Hon. Mike Freeman DISMISS APPEAL: Per Curiam (joint motion to dismiss) Before Justices Jennings, Hanks and Bland 01-08-00325-CV Longhorn Partners Pipeline, L.P. v. BJ Process and Pipeline Services Company Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher DISMISS APPEAL: Per Curiam (failure to pay fees) Before Justices Taft, Keyes and Alcala 01-08-00438-CV Veronica Joyce Ford v. Kirk Carter, Jr. Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Roxar Flow Management AS v. FLowsys (USA) Inc (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(per curiam)(DWOP, nonpayment of fees) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00590-CV Roxar Flow Management AS v. Flowsys (USA) Inc., Flow Metering Systems, Inc., and Tor Wideroe--Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan DISMISS APPEAL: Per Curiam (unopposed motion to dismiss) Before Justices Taft, Keyes and Alcala 01-08-00845-CV City of Houston v. Donald M. Dolan Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-06-00902-CR Floyd Pleasant Tarvin, IV v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00156-CR Eric Dewayne Kirksey v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00176-CR Martin Lee Garza v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00408-CR Mark Anthony Medrano v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00665-CR Morell Biggers, III v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00667-CR Morell Biggers, III v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00825-CR Jose Elias Morales v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00963-CR Edgar Ruiz v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-01040-CR Mario Padia v. The State of Texas Appeal from 23rd District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00815-CR Ashley Nichole Williams v. The State of Texas Appeal from 21st District Court of Washington County |