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April 2009 Decision and Opinion Release Dates: Apr. 2, 7, 9, 10, 15, 16, 22, 23, 24, 28, 30, 2009 Released Opinions April 30, 2009 <-- Click date for docket and links to opinions Civil Causes Decided: McGee v. Caulfield (Tex.App.- Houston [1st Dist.] May 7, 2009)(Taft) (penalty for failure to provide annual accounting statements in an executory contract (“contract for deed”)) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00055-CV William Dean McGee, Personal Representative of the Estate of Helen McGee v. Roberta Caulfield Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher The Houston OMNI USA Co. v. Southtrust Bank Corp. NA (Tex.App.- Houston [1st Dist.] May 7, 2009)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00433-CV The Houston OMNI USA Co., Inc. and Gary B. Wade, Sr. v. Southtrust Bank Corporation NA Wachovia as Trustee Its Successors and Assigns Buckeye Retirement Co., LLC and as Substitute Trustee Mark Tormey of Tormey & Associates Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Kent Sullivan Cornejo v. Gonzalez (Tex.App.- Houston [1st Dist.] May 7, 2009)(Taft) (Chapter 10 sanctions against attorney, DWOP dismissal reversed, attorney's failure to pay $1000 in sanctions for filing summary judgment motion despite controverted evidence does not warrrant dismissal as sanction) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-07-00879-CV Pedro Cornejo and Jamal A. Asafi v. Alberto Gonzalez Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Zhong v. Sunblossom Gardens, LLC (Tex.App.- Houston [1st Dist.] May 7, 2009)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00470-CV Xiao Yu Zhong And Ying Chun Ma, Individually And As Next Of Friend Of hong Ya Zhong And Daonan He, Minor Children v. Sunblossom Gardens, L.L.C. D/B/A Sunblossom Gardens Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00780-CV In the Matter of C.L. Appeal from County Court at Law No 3 of Fort Bend County Trial Court Judge: The Honorable Susan G. Lowery (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00882-CV Daryl Green v. Albert Jukes Appeal from County Court at Law No 2 & Probate Ct of Brazoria Count (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00892-CV Koll Bren Fund V LP and Moody National Weatherford Houston MT LP as the Property Owners and the Property Owners v. Harris County Appraisal District and The Appraisal Review Board of Harris County Appraisal District Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson In re Casey (Tex.App.- Houston [1st Dist.] May 7, 2009)(Taft) GRANT PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Taft Before Justice Taft 01-08-00928-CV In re Clifford Alan Casey Appeal from County Court at Law of Washington County (Tex.App.- Houston [1st Dist.] May 7, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-01008-CV Sevareid Fisher v. Redd Hudman & Greaves, P.C. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-01021-CV Harry L. Bowles v. Charles N. Schwarz Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline Baker (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-01026-CV John Elias v. Paul Montalegre Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Larry Weiman (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00015-CV Bartholomew C. Okonkwo v. Commissioner for Lawyers Discipline Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Fancy Jezek DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00037-CV J.B. Contractors v. Acuity Electric Appeal from Co Civil Ct at Law No 2 of Harris County (Tex.App.- Houston [1st Dist.] May 7, 2009)() DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00061-CV Pamela Williams v. Oxford Apt. Appeal from County Civil Court at Law No 4 of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00603-CR Kathy Campbell v. The State of Texas Appeal from 23rd District Court of Brazoria County Released Opinions April 28, 2009 Civil Causes Decided In re ConocoPhillips Co. (Tex.App.- Houston [1st Dist.] Apr. 28, 2009)(per curiam dismissal) joint motion to dismiss this mandamus proceeding as moot due to the parties’ settlement. DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00075-CV In re ConocoPhillips Company Et al. Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: Released Opinions April 24, 2009 Civil Causes Decided: In Interest of SKM (Tex.App.- Houston [1st Dist.] APR. 24, 2009)(per curiam)(appellate brief not filed) DISMISS MOTION: Per Curiam Before Chief Justice Radack 01-08-00093-CV In The Interest of S.K.M. and E.E.N. Appeal from 313th District Court of Harris County Criminal Causes Decided: April 23, 2009 Civil Causes Decided: Harrison v. St. Paul Fire & Marine Ins. Co. (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-06-00244-CV Arthur Harrison v. St. Paul Fire & Marine Insurance Company Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Okorafor v. Uncle Sam & Associates, Inc. (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Radack) (arbitration not compelled, waiver issue raised), preemption issue FAA vs. state TGAA) AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-00908-CV Elizabeth Okorafor v. Uncle Sam & Associates, Inc. Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek William Earl Cunningham (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Sharp) (appeal of dismissal, citation not executed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00948-CV William Earl Cunningham Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Mitchell v. Verizon (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Alcala) (employment disputes, appeal from administrative decision by Workforce Commission, common-law claim for wages, res judicata) We conclude Mitchell's earlier claim is res judicata of his instant suit and he waived his claim concerning procedural due process by failing to raise it in opposition to Verizon's summary judgment in the trial court. We therefore affirm. AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00132-CV Dustin A. Mitchell v. Verizon Business Network Services, Inc. and Verizon Business Purchasing, L.L.C., fka MCI, Inc. Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey Parker v. Texas Community Bank (Tex.App.- Houston [1st Dist.] Apr. 23, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00375-CV Michael Leroy Parker v. Texas Community Bank Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Okonkwo v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(fee nonpayment) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00953-CV Bartholomew C. Okonkwo v. Commisioner for Lawyers Discipline Appeal from 239th District Court of Brazoria County Trial Court Judge: Fancy Jezek In re Yolanda Turner (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(writ of prohibition denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00002-CV In re Yolanda Turner, et al, Tenants Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-07-00475-CR David Earl Cooksey v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00595-CR Sean Larue Burton v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-01030-CR Enrique Vasquez v. The State of Texas Appeal from 239th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00038-CR Jon Benoit Guilbeau v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00056-CR Joe Easter Leonard v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00204-CR Jermaine Dewitt Chaney v. The State of Texas Appeal from 338th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00280-CR Gary Luis Juarez v. The State of Texas peal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00298-CR Roland Charles Jr. v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00334-CR Ernest Edward Fontenot v. The State of Texas Appeal from 56th District Court of Galveston County Released Opinions April 22, 2009 Civil Causes Decided: In re Keener (Tex.App.- Houston [1st Dist.] Apr. 22, 2009)(per curiam)(discovery mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS Per Curiam Before Justice Jennings, Keyes and Higley 01-09-00293-CV In re Orgena Keener Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Taft, Jennings, Keyes, Alcala, Hanks, Higley, Bland and Sharp 01-07-00391-CR Kenneth Eugene Harris v. The State of Texas Appeal from 339th District Court of Harris County Released Opinions April 16, 2009 Civil Causes Decided: Harford Fire Ins. Co. v. C. Springs (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Radack) (construction law, bondability, statute of fraud, suretyship, sufficiency of the pleadings) REVERSE TRIAL COURT 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 Daniels v. Richardson (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) (product liability, claims against seller vs. manufacturer, warranty, DTPA, issue of jury charge error) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-06-00242-CV Jack Daniels d/b/a Daniel's Rentals v. Edward Richardson d/b/a Blue Saphire Lawn Care Appeal from County Court at Law No 1 & Probate Ct of Brazoria County Trial Court Judge: Hon. Jerri Lee Mills Crown Asset Management LLC v. Short (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) (MV note suit fails on summary judgment, inadequate documentation attached, declaratory judgment on car ownership reversed, UDJA fees reversed) AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00042-CV Crown Asset Management, LLC v. Christopher B. Short Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. R. Jack Cagle McLane v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) DISMISS APPEAL: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00363-CV Michael McLane v. Department of Family and Protective Services Appeal from 309th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Pinole Valley Trucking, Inc. v. Texas Development Co. (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(Hanks) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00599-CV Pinole Valley Trucking Inc. v. Texas Development Company Appeal from 165th District Court of Harris County Trial Court Judge: Hon. John Donovan In re Najjar (Tex.App.- Houston [1st Dist.] Apr. 16, 2009)(per curiam) (mandamus re: orders cancelling lis pendens denied) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Keyes and Alcala 01-08-01001-CV In re Amjad Najjar Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Criminal Causes Decided AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00819-CR Marvin O'Brien Pierre v. The State of Texas Appeal from 176th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-01063-CR Bobby Wayne Emry v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-01064-CR Bobby Wayne Emry v. The State of Texas Appeal from 10th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-07-01122-CR Benjamin Meza Jr. v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00408-CR James E. Ligon v. The State of Texas Appeal from 228th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00457-CR Etim Etim King v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00566-CR John Wesley Glover v. The State of Texas Appeal from 252nd District Court of Jefferson County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00573-CR John Wesley Glover v. The State of Texas Appeal from 252nd District Court of Jefferson County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00581-CR Record ordered expunged v. The State of Texas Appeal from 240th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00054-CR Keith Mortell Hazel v. The State of Texas Appeal from 337th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00092-CR Demitrias Demond Coleman v. The State of Texas Appeal from 177th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00131-CR John Wesley Peavy v. The State of Texas Appeal from 180th District Court of Harris County Released Opinions April 15, 2009 Civil Causes Decided: In re Marks (Tex.App.- Houston [1st Dist.] Apr. 15, 2009)(per curiam) (mandamus denied, plenary jurisdiction issue) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00284-CV In re Phil Marks and Tim Wilson Appeal from 149th District Court of Brazoria County Trial Court Judge: Robert Edward May Criminal Causes Decided: Released Opinions April 10, 2009 Civil Causes Decided: In re Corder (Tex.App.- Houston [1st Dist.] Apr. 10, 2009)(Taft) (child support contempt punitive contempt, civil contempt, inability to pay defense, habeas corpus premature) DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-09-00004-CV In re Dale Corder Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Kuntz Criminal Causes Decided: None April 9, 2009 Civil Causes Decided: DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-06-01187-CV State of Texas v. Recreational Equipment, Inc., A Washington Corporation Appeal from County Civil Court at Law No 1 of Harris County Amegy Bank N.A. v. Southern Crushed Concrete, Inc. (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Radack) (garnishment proceeding, violation of writ of garnishment, right of setoff, cross-motions for summary judgment) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland 01-07-00359-CV Amegy Bank National Association f/k/a Southwest Bank of Texas, N.A. v. Southern Crushed Concrete, Inc. Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull GCI CP, LLC v. Stewart Title Guarantee (Tex.App.- Houston [1st Dist.] Apr. 9, 2009) (insurance coverage dispute, policy construction, cross-motions for summary judgment) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-07-00372-CV GCI GP, LLC v. Stewart Title Guaranty Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker B&W Supply, Inc. v. Beckman (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Keyes) (JNOV, breach of contract, excuse defense, lost profit damages, DTPA counterclaim) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00574-CV B & W Supply, Inc. and Weston Wyatt v. Lawrence and Diane Beckman Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Cooke Co. v. First Bank & Trust (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Radack) (affirmative defense of accord and satisfaction fails, full-satisfaction check, restrictive endorsement not effective) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01000-CV Milton M. Cooke Co. and Milton M. Cooke, Jr. v. First Bank & Trust Appeal from 164th District Court of Harris County Trial Court Judge: Hon. Martha Hill Jamison DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-01110-CV Silvia Castillo v. 8900 North Fwy LC Appeal from County Civil Court at Law No 2 of Harris County Singh v. Singh (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Bland) (divorce with children, conservatorship SAPCR, division of marital property, denial of motion for continuance and motion for new trial) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00198-CV Ritu Singh v. Rajiv Singh Appeal from 312th District Court Court of Harris County Trial Court Judge: Hon. David Farr Quiroz v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Alcala)(involuntary termination of parental rights) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justice Alcala 01-08-00548-CV Alejandra Quiroz v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00883-CV Albert Ortiz v. HPSC Inc. Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00964-CV Patrick N. Sweeney v. Ronald H. Tonkin Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00997-CV Mae Helen McCrimmon v. Carrington Mortgage Appeal from County Civil Court at Law No 4 of Harris County Trial Court Judge: Hon. Roberta A. Lloyd Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00745-CR Daniel Lesso v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00442-CR Allen Garrett Castleschouldt v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00443-CR Allen Garrett Castleschouldt v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00444-CR Allen Garrett Castleschouldt v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00445-CR Allen Garrett Castleschouldt v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00446-CR Allen Garrett Castleschouldt v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00667-CR Boris Edilberto Perez v. The State of Texas Appeal from County Crim Court at Law No 4 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00841-CR Christopher C. Brisker v. The State of Texas Appeal from 263rd District Court of Harris County April 2, 2009 Civil Causes Decided: In re Glassman (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam) (contempt order habeas corpus mooted by release) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam 01-05-00698-CV IN RE ELENE B. GLASSMAN Appeal from Probate Court No 1 of Harris County Romano v. Wells Fargo Bank, N.A. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam) (appeal dismissed for failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-06-00303-CV Suzanne Romano v. Wells Fargo Bank, N.A. Appeal from County Civil Court at Law No 1 of Harris County Safeco Surety v. J.P. Southwest Concrete, Inc. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Alcala) (effect of failure to disclose evidence, failure to plead properly, trial by consent, release as affirmative defense, lost profit damages) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00904-CV Safeco Surety and C.A. Walker, Inc. v. J.P. Southwest Concrete, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Figueroa v. Davis (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Radack) (untimley motion for new trial, notice of appeal, dismissal for lack of jurisdiction, DWOJ) DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-07-01109-CV Maria C. Figueroa v. Edgar Davis Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Alsheikh v. Arabian National Shipping Corp. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Alcala) (res judicata defense, attorney's fees fee factors) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00007-CV Jawad Alsheikh v. Arabian National Shipping Corporation Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John Thomas Wooldridge City of Richmond v. Rodriguez (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Keyes) (official immunity, city governmental entities, plea to the jurisdiction) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00471-CV City of Richmond v. Delia Garcia Rodriguez Appeal from 268th District Court of Fort Bend County McShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Bland) (promissory note suit, extinguishment by guarantor) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00493-CV Mark S. McShaffry v. Amegy Bank National Association Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Mireles v. Jack (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Jennings) (void order, same-sex marriage divorce) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00499-CV Andrew R. Mireles v. Jennifer S. Jack Appeal from 310th District Court of Harris County Trial Court Judge: The Honorable Lisa Millard Schoelpple v. The Woodlands Corp. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam dismissal) (nonpayment of required fees) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00967-CV James Schoelpple v. The Woodlands Corporation, The Woodlands Operating Company, L.P. Appeal from 133rd District Court of Harris County In re Boyaki (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam) (attempted mandamus against sanctions order fails) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00232-CV In re Walter L. Boyaki, Ruben P. Hernandez, Miranda & Boyaki, and Heriberto Ramos Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan In re Poledore Jr. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(per curiam)(motion to recuse, bench warrant) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00247-CV In re Dennis James Poledore Jr. Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00775-CR Joe Nathan Sanders Jr. v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-01017-CR Enrique Santi Lopez v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justice Alcala 01-08-00161-CR Tammy Washington v. The State of Texas Appeal from 184th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00583-CR Bertrand Lancksweert v. The State of Texas Appeal from 240th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00691-CR Ruben Lopez v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00705-CR Christopher James Holmes v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00706-CR Christopher James Holmes v. The State of Texas Appeal from 183rd District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00248-CR In re Michael Lee Myles v. The State of Texas Appeal from 344th District Court of Chambers County |