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October 2008 Decision and Opinion Release Dates: Oct. 2, 3, 9, 13, 15, 16, 17, 23, 30, 31, 2008 OCTOBER 2008 CIVIL CASE TABLE October 31, 2008 Civil Causes Decided: In re McCauley (Tex.App.- Houston (Oct. 31, 2008)(per curiam) (plenary power, void order) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00821-CV In re Brian McCauley Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Criminal Causes Decided: October 30, 2008 Decisions Civil Causes Decided: C/S Solutions, Inc. v. EnergyMaintenance Services Group, LLC, No. 01-05-01020-CV (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Nuchia) (nonsuit, dismissal, abandonment of claims, amendment of pleadings, res judicata) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-05-01020-CV C/S Solutions, Inc. v. Energy Maintenance Services Group LLC; Energy Maintenance Services Company, LP; EMS Measurement Services LP; Energy Maintenance Services Group I, LLC; EMS Pipeline Services LLC; Arthur Robbins; and Tim Nesler--Appeal from Co Civil Ct at Law No 2 of Harris County Tanner v. McCarthy (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Taft) Texas Uniform Enforcement of Foreign Judgments Act ("UEFJA") AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft and Bland, The Honorable Hudson 01-07-00079-CV Stephen E. Tanner v. Michael G. McCarthy Appeal from 127th District Court of Harris County C/S Solutions, Inc. v. EngeryMaintenance Services Co, No. 01-0700168-CV (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Nuchia) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00168-CV C/S Solutions, Inc.; Greg Young; David Galdamez; and Earl Longoria v. EMS Measurement Services LP; EMS Pipeline Services LLC; Energy Maintenance Services Co., LP; Energy Maintenance Services Group; Energy Maintenance Services Group I, LLC; Energy Maintenance Services Group LLC; Tim Nesler; Arthur Robbins; & Harvey Schnitzer Appeal from 400th District Court of Ft. Bend County DISMISS APPEAL: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00375-CV Norma Venso v. Gary William Horton Appeal from County Court at Law No 3 of Galveston County In the Matter of JAL (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Bland)(juvenile proceeding, murder) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00896-CV In The Matter of J.A.L.--Appeal from 306th District Court of Galveston County In re C/S Solutions, Inc (Tex.App. - Houston [1st Dist.] Oct 30, 2008)(Nuchia) DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01054-CV In re C/S Solutions, Inc.--Appeal from Co Civil Ct at Law No 2 of Harris County Franklin v. Bankers Trust Company of California (Tex.App.- Houston [1st Dist.] Oct 30,2008)(Radack) (per curiam) DISMISS APPEAL: Opinion by Chief Justice Radack [?] Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00002-CV Demetria Franklin v. Bankers Trust Company of California N.A. Appeal from County Court at Law No 4 of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00097-CV Geoscience Engineering and Testing, Inc. v. S.L.I. Design, Inc. and S.L.I. Group, Inc.--Appeal from 127th District Court of Harris County Gibson v. HEB Grocery Co. (Tex.App.- Houston [1st Dist.] Oct 30., 2008)(Radack) (premises liability) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00116-CV Roxanne Gibson v. HEB Grocery Company, LP Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Espinosa v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00309-CV Rebecca Espinosa v. Department of Family and Protective Services Appeal from 306th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00498-CV One 2002 Chevrolet Tahoe v. State of Texas Appeal from 129th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00585-CV Maureen L. Wall v. Startex Power Appeal from Co Civil Ct at Law No 3 of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Bland) 01-08-00756-CV Paul Dang and Tammy Dang v. LLoyd Do and Thang Tran Appeal from 127th District Court of Harris County Tanner v. McCarthy (Tex.App.- Houston [1st Dist.] Oct. 30, 2008)(Taft) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft and Bland, The Honorable Hudson 01-08-00829-CV Stephen E. Tanner v. Michael G. McCarthy Appeal from 127th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00868-CV In re Doyle Arrant and Love Pipeline Services, Inc. Appeal from 61st District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Nuchia and Higley 01-06-01086-CR David Henry Tuck 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 Nuchia and Higley) 01-07-00242-CR Pablo Gaston v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00243-CR Jorge Antonio Rivas v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00244-CR Susan Mary Polouski v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00245-CR Sylvester Hackett v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00246-CR Jayes Naccari v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00247-CR Jennifer Ortiz v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00248-CR Anna Denise Solis v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Hanks) 01-07-00676-CR Robert Norris v. The State of Texas Appeal from Co Crim Ct at Law No 6 of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00740-CR David Garza v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00742-CR Nathaniel Thomas v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Bland 01-07-00863-CR Kevin Jerome Jackson v. The State of Texas Appeal from 184th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00864-CR Kevin Jerome Jackson v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala) 01-08-00077-CR William James Foster v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala) 01-08-00243-CR Lakisha Renee Henry v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala) 01-08-00244-CR Lakisha Renee Henry v. The State of Texas Appeal from 178th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley) 01-08-00751-CR Lee Edward Richmond v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County October 28, 2008 Civil Causes Decided: Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00814-CR In re Johnny Ray Robinson a/k/a John Reynolds v. The State of Texas Appeal from 180th District Court of Harris County October 23, 2008 Civil Causes Decided: Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Bland) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00505-CV Robert Alpert & Beneficiaries, Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel J. Alpert v. Mark Riley, Trustee Appeal from Probate Court No 2 of Harris County | Trial Court Judge: Hon. Mike Wood Alpert v. Riley (Tex.App.- Housotn [1st Dist.] Oct. 23, 2008)(Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00605-CV Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel Alpert, a Minor v. Mark Riley, Robert Alpert--Appeal from Probate Court No 2 of Harris County Trial Court Judge: Hon. Mike Wood Gott v. Rice Consol. ISD (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Taft) (special exceptions, dismissal with prejudice) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00051-CV Dr. Richard and Wanda Gott v. Rice Consolidated Independent School District, et al Appeal from 25th District Court of Colorado County Trial Court Judge: Hon. W. K. Kirkendall Gellien v. Federal Home Loan Mortgage Corp (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Radack) (foreclosure, eviction, forcible entry and detainer, FE&D, order of possession appeal) DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00075-CV Joseph and Adrienne Gallien v. Federal Home Loan Mortgage Corporation Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Ford v. US Bank National Ass'n (Tex.App.- Houston [1st Dist.] Oct 23, 2008)(Keyes) (foreclosure) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00183-CV Bonita B. Ford v. US Bank National Association, As Trustee Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Schwartz v. Insurance Company of The State of Pennsylvania (Tex.App. Houston [1st Dist.] Oct 23, 2008)(Hanks) http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85944 AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00193-CV Rosa Schwartz v. The Insurance Company of The State of Pennsylvania, Gallagher Bassett Services, Inc., and Belinda Ybarra--Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00219-CV In re Adrienne Gallien Appeal from County Civil Court at Law No 2 of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00527-CV Betty Joyce Williams v. Department of Family and Protective Services Appeal from 315th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00538-CV In re Adrienne Gallien--Appeal from Co Civil Ct at Law No 2 of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00539-CV In re Adrienne Gallien--Appeal from Co Civil Ct at Law No 3 of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00540-CV In re Adrienne Gallien--Appeal from Co Civil Ct at Law No 2 of Harris County Texas Workforce Commission v. City of Houston (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Radack) http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85945 REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01100-CV Texas Workforce Commission v. The City of Houston, Texas Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Terry, DDS v. Schiro, DDS (Tex.App.- Houston [1st Dist.] Oct 23, 2008)(Hanks) http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85947 AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00151-CV Douglas A. Terry, D.D.S. and Douglas A. Terry, D.D.S., Inc. v. John Christian Schiro, D.D.S. and Schiro-Kline, LLP--Appeal from 234th District Court of Harris County Trial Court Judge: Hon. Reece Rondon Lim MD v. West (Tex.App.- Houston [1st Dist.] Oct. 23, 2008)(Nuchia) http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85948 AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00469-CV John M. Lim, M.D. v. Ralph L. West Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00491-CV Barbara C. Wigrys v. Glenn R. Wigrys, Sr. Appeal from 247th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00640-CV Coltec Industries Inc. and Coltec Industrial Products, LLC d/b.a Plastomer Technologies; Charles T. Rosenmayer v. W. L. Gore & Associates, Inc.--Appeal from 113th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00719-CV Donna Holcomb v. Consolidated Crane & Rigging, Ltd. Appeal from 212th District Court of Galveston County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00747-CV In re Ronald X. Gordon--Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Jennings and Hanks 01-04-00235-CR Kimberly Lynn Allen v. The State of Texas Appeal from Co Crim Ct at Law No 10 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00503-CR Steven Michael Sherrill v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00515-CR Laura Lisa Brown v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00627-CR John William Ratliff v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00684-CR Donald Wayne Clemons v. The State of Texas Appeal from 263rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00887-CR Hector M Castillo v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00890-CR Courtney Barnard Caldwell v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00927-CR Donnel Raymund Polk v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01058-CR Victor Cruz Martinez v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01117-CR Stevie Lynn Johnson v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00105-CR Jesus Hinojosa Jr. v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00106-CR Jesus Hinojosa Jr. v. The State of Texas Appeal from 248th District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00629-CR In re Anthony Donielle Brown Appeal from 263rd District Court of Harris County October 17, 2008 Civil Causes Decided: Turner v. Precision Surgical, LLC (Tex.App.- Houston [1st Dist.] Oct. 17, 2008)(Taft) (jury charge submission error) http://www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=85932 Sabine Pilot claim, employment discharge AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-01113-CV Paul Turner v. Precision Surgical, LLC Appeal from 280th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Keyes 01-06-00749-CR Gabriel Lemell Prudholm v. The State of Texas Appeal from 228th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Keyes 01-06-00750-CR Gabriel Lemell Prudholm v. The State of Texas Appeal from 228th District Court of Harris County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes) 01-06-00750-CR Gabriel Lemell Prudholm v. The State of Texas Appeal from 228th District Court of Harris County October 16, 2008 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-07-00164-CV Edward R. Newsome v. Walgreen Drugstore Appeal from 189th District Court of Harris County Runcie v. Spring Dialysis, Inc. (Tex.App.- Houston [1st Dist.] Oct. 16, 2008)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00998-CV Donald Runcie, Individually and as Heir and Representative of the Estate of Dorothy Runcie, Deceased v. Spring Dialysis, Inc. and Richard J. Foley, M.D. Appeal from 270th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00436-CV Sharrieffa White v. Quail Valley East Community Associations, Inc. Appeal from 434th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00602-CV JNR Enterprises, L.L.C. v. Romano Contractors Appeal from 234th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00678-CV A. C. Davis a/k/a Chester Davis v. CACV Of Colorado, LLC Appeal from Co Civil Ct at Law No 4 of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00696-CV In Re Michael D. Graves--Appeal from County Court at Law of Washington County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Taft, Nuchia and Keyes 01-02-01243-CR Ryan William Madden v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00983-CR Hector Martinez v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00028-CR Cory Dewayne Riggs v. The State of Texas Appeal from 230th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00697-CR Anthony James DeLeon v. The State of Texas Appeal from 351st District Court of Harris County DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-00805-CR In re Patrick Franklin--Appeal from 337th District Court of Harris County October 15, 2008 Civil Causes Decided: In re Branch (Tex.App.- Houston [1st Dist.] Oct. 15, 2008)(per curiam denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Hanks and Higley 01-08-00836-CV In re John Branch, Robert Savely, John Ferguson, Gayle Yoder, and Vince Johnson Appeal from Co Civil Ct at Law No 1 of Harris County Criminal Causes Decided: October 13, 2008 Civil Causes Decided: In re David Edwards (Tex.App.- Houston [1st Dist.] Oct. 13, 2008)(per curiam denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00783-CV In re David Edwards and Steven Poock Appeal from 270th District Court of Harris County Criminal Causes Decided: OCTOBER 2008 DECIDED CASES (with links to opinions in civil cases) October 9, 2008 Civil Causes Decided: Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Subst op. by Bland) (probate court, trust management dispute, attorney's fees, standing) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00505-CV Robert Alpert & Beneficiaries, Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel J. Alpert v. Mark Riley, Trustee Appeal from Probate Court No 2 of Harris County Trial Court Judge: Hon. Mike Wood Alpert v. Riley (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland)(Substituted opinion) (trust dispute, fees) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00605-CV Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel Alpert, a Minor v. Mark Riley, Robert Alpert Appeal from Probate Court No 2 of Harris County Trial Court Judge: Mike Wood DISMISS APPEAL: Per Curiam (failure to pay fees) Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00311-CV Johnnie Burnett v. Donald W. Hagedorn Appeal from 234th District Court of Harris County Trial Court Judge: Hon. Reece Rondon Berkefelt v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland) (SAPCR default judgment set aside, defective service) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-00526-CV Randall Earl Berkefelt v. Diane Lynne Jackson Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler Maryland Casualty Co. v. American Home Assurance Co. (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings) (insurance law, indemnity, additional insured, conditions precedent, prejudice) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Bland 01-07-00711-CV Maryland Casualty Company v. American Home Assurance Company and Illinois National Insurance Company, as Subrogees of National Equipment Services, Inc. Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Bowie v. ASAP Motors (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland) (pro se appeal, DWOP dismissal) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Judge Wilson, Justices Jennings and Bland 01-07-00730-CV Kenneth Bowie v. ASAP Motors Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Radack) (attorney fee dispute, sworn account suit, no duress, no excuse to payment of attorney's fees per agreement) 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 Co Civil Ct at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Garcia v. Harding (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings) (SAPCR modification, appointment of father as primary JMC affirmed) 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 Trial Court Judge: Hon. K. Randal Hufstetler DISMISS APPEAL: Per Curiam (dimissed by appellant) Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00024-CV Mark Alejandro Soliz v. Office of the Attorney General Appeal from 311th District Court of Harris County DISMISS APPEAL: Per Curiam (unopposed motion to dismiss) Before Justices Taft, Keyes and Alcala 01-08-00265-CV In the Interest of A.C.R., a Child Appeal from County Court at Law No 2 of Johnson County Trial Court Judge: Hon. Jerry Webber In re Texas Best Staff Leasing, Inc. (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Alcala) (interlocutory appeal and petition for writ of mandamus, motion to compel arbitration) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-08-00296-CV In re Texas Best Staff Leasing , Inc. d/b/a Alt-Source Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00312-CV Clevelvet Bragg v. Robert Gonzalez Appeal from 151st District Court of Harris County DISMISS APPEAL: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-08-00418-CV Texas Best Staff Leasing, Inc, d/b/a Alt-Source v. Gerardo Herrera Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00486-CV Albert Jerome Wallace, Jr. v. Dianna Lynn Wallace Appeal from County Court at Law No 3 of Galveston County Trial Court Judge: Hon. Roy M. Quintanilla DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00596-CV Shamiravon T. Ross v. Deutsche Bank Appeal from County Civil Ct at Law No 4 of Harris County DISMISS APPEAL: Per Curiam (unopposed motion to dismiss) Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00701-CV H. G. Rhodes, Inc. v. Ali Parsa and Shady Parsa Appeal from 133rd District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curian (mandamus against order denying relator's motion for partial summary judgment denied) Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00728-CV In Re Steven C. Coggins Appeal from 308th District Court of Harris County MEDIATION: 01-08-00756-CV Paul Dang and Tammy Dang v. LLoyd Do and Thang Tran Appeal from 127th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00289-CR Kato Mitchell, III v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Judge Wilson, Justices Jennings and Bland 01-07-00426-CR Chi Hsien Lee v. The State of Texas Appeal from County Criminal Court at Law No 9 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00820-CR Curtis Roy Kennon v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00884-CR Sandy Olivo v. The State of Texas Appeal from 262nd District Court of Harris County MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00894-CR Thomas Fifer v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00942-CR Christopher Dick v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-00960-CR Charles Wayne Burnett v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00027-CR Bobby Damon Lee v. The State of Texas Appeal from 174th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00187-CR Phillip Lee Bowen v. The State of Texas Appeal from 176th District Court of Harris County October 3, 2008 Civil Causes Decided: Bank One Corp n/k/a JPMorgan Chase & Co (Tex.App.- Houston [1st Dist.] Oct. 3, 2008)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Hanks and Higley 01-07-01009-CV Bank One Investment Advisors Corporation, Bank One, National Association n/k/a JPMorgan Chase Bank, NA, Bank One Corporation n/k/a JPMorgan Chase & Co., American National Bank and Trust Company of Chicago, and Vicky R. Little v. James H. Greer Appeal from 333rd District Court of Harris County Criminal Causes Decided: None October 2, 2008 Civil Causes Decided: Dissent by Keyes in Authorlee v. Tuboscope Vetco International, Inc. (Tex. App.- Houston [1st Dist.] Oct. 2, 2008)(Keyes)(would hold that their individual settlement agreements and the agreed judgment are void as against public policy and must be set aside. Therefore, I would reverse the case and remand to the trial court for a new trial) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Nuchia, Keyes and Higley 01-06-00719-CV Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar, Inc. Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Fite, MD v. Emtel, Inc. (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on motion for rehearing by Hanks)(corporate receivership, bond) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00273-CV Diana Fite, M.D. and Intervenor Patrick J. Woods, M.D. v. Emtel, Inc., Joseph Degioanni, M.D., Individually and on behalf of BEPA Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise In the Matter of BW, (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Jennings) (juvenile law, 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 In re David Henry (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Hanks) (dominant jurisdiction, injunction, mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks [ PDF ] Before Justices Taft, Hanks and Higley 01-07-00601-CV In re David Henry Appeal from County Court at Law No 1 & Probate Court of Brazoria County Henry v. McMichael (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on rehearing by Hanks) (ILA, dominant jurisdiction, injunction appeal, ILA) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00622-CV David Henry v. James McMichael and Elizabeth Ann Koehler Co-Independent Executors of The Estate of W.T. McMichael and Catherine McMichael Appeal from County Court at Law No 1 & Probate Ct of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Fairfax v. City of Houston Police Department (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley) 01-07-00949-CV Clifford Jackson Fairfax v. City of Houston Police Department, Harold Hurtt (Chief of Police) and John Doe (Houston Police Officer) Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison Bruns v. Top Design Inc. (Tex.App. - Houston [1st Dist.] Oct. 2, 2008) (temporary injunction order void, no bond) 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 Trial Court Judge: Hon Lonnie Cox DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-08-00515-CV In Re General Metal Fabricating Corp., GMF Leasing, Inc., and Arnold Curry Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Keyes 01-05-00809-CR Godspower Joseph Essang v. The State of Texas Appeal from Co Crim Ct at Law No 11 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-01077-CR Michael Lee Fuller v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-01164-CR Salvador Martinez v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-01165-CR Salvador Martinez v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00253-CR Jaquandria Franks v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-00612-CR Joseph Leon Voss v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00888-CR Joe Cepeda Lopez v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala) 01-07-01081-CR Danny Lee Harris v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Taft, Keyes and Alcala 01-07-01082-CR Danny Lee Harris v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00035-CR Kenneth Anthony Hagood v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00036-CR Kenneth Anthony Hagood v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00103-CR Michael Deshawn Morse v. The State of Texas Appeal from 232nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00368-CR Mark Steven Horridge v. The State of Texas Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00369-CR Mark Steven Horridge v. The State of Texas Appeal from 339th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-00623-CR Jeffery Neil Collins v. The State of Texas Appeal from 209th District Court of Harris County |
| 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 |