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February 2009 Decision and Opinion Release Dates: Feb. 2, 5, 6, 10, 12, 13, 17, 18, 19, 25, 26, 27, 2009 FEBRUARY 2009 CIVIL CASE TABLE Released Opinions February 27, 2009 <--- click date for docket with links to opinions Civil Causes Decided: None Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Higley) 01-09-00104-CR In re Earl Ramond Ben Appeal from 351st District Court of Harris County February 26, 2009 Civil Causes Decided: Nguyen v. Hoang (Tex.App. - Houston [1st Dist.] Feb. 26, 2009)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00136-CV Dien Van Nguyen a/k/a Alphonse Dien Van Nguyen v. Aloysius Duy-Hung Hoang a/k/a Hoang Duy Hung Appeal from Co Civil Ct at Law No 1 of Harris County CMA-CGM (America) Inc. v. Empire Truck Lines, Inc. (Tex.App. - Houston [1st Dist.] Feb. 26, 2009)(Alcala) DENY MOTION: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala) 01-07-00187-CV CMA-CGM (America) Inc. v. Empire Truck Lines, Inc. Appeal from 280th District Court of Harris County Lauderdale v. Papadopoulos (Tex.App. - Houston [1st Dist.] Feb. 26, 2009)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Jennings and Bland) 01-07-00191-CV Teresa J. Lauderdale and Minor Children v. Imogen S. Papadopoulos and Law Office of Imogen Papadopoulos Appeal from 281st District Court of Harris County Stoll v. Henderson (Tex.App. - Houston [1st Dist.] Feb. 26, 2009)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp) 01-07-00733-CV Kathleen Marie Kasparik Stoll, Mary Frances Kasparik Evans, Leslie Loyce Kasparik Morris, and Gordon Morris v. Karen Henderson, individually and as independent executrix of the estate of Edward F. Kasparik, deceased Appeal from County Court of Washington County Sims v. Fitzpatrick(Tex.App. - Houston [1st Dist.] Feb. 26, 2009)(Jennings) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland) 01-07-00868-CV Thomas M. Sims, Raymond J. Campbell, Supernova Financial Services Corporation and Supernova Investments, Inc. v. Patricia Hill Fitzpatrick and Richard Grayson Guion Appeal from 280th District Court of Harris County (Tex.App. - Houston [1st Dist.] Feb. 26, 2009) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley) 01-08-00437-CV Jose Antonio Herrera v. AMD Property Maagement, Inc. Appeal from 234th District Court of Harris County (Tex.App. - Houston [1st Dist.] Feb. 26, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00674-CV Robert J. Peters v. Joyce Gail Peters Appeal from 309th District Court of Harris County (Tex.App. - Houston [1st Dist.] Feb. 26, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00811-CV Joseph C. Vallone v. HV Restaurant Associates, Inc., RO Restaurant Associates, Inc., Woodway Restaurant Associates, Inc., HV Restaurant Partners, Ltd., RO Restaurant Partners, Ltd., Woodway Restaurant Partners, Ltd., Montrose Restaurant Associates, Inc., Tony Vallone, Margoli Appeal from 152nd District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley) 01-06-00778-CR Tabassum Anwar Bhimj v. The State of Texas Appeal from 208th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00207-CR Johnnie Green Jr. v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp) 01-07-00604-CR Nasrollah Hanjani Alizadeh v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp) 01-07-00605-CR Nasrollah Hanjani Alizadeh v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp) 01-07-00606-CR Nasrollah Hanjani Alizadeh v. The State of Texas Appeal from 400th District Court of Ft. Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00766-CR Fred Arthur Dixon v. The State of Texas Appeal from 412th Judicial District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley) 01-07-00989-CR Jose Rafael Guevara v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley) 01-07-00990-CR Jose Rafael Guevara v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-01121-CR Johnny Ray Demease v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00307-CR Terrance Maurice Whitehead v. The State of Texas Appeal from 339th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-00423-CR Miguel Rodrigo Sanchez v. The State of Texas Appeal from Co Crim Ct at Law No 5 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley) 01-08-00512-CR Kwamene Trent Xzavion Nichols v. The State of Texas Appeal from 232nd District Court of Harris County February 25, 2009 Civil Causes Decided: (Tex.App. - Houston [1st Dist.] Feb. 25, 2009) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks) 01-09-00113-CV In re C.M., a Minor Appeal from 313th District Court of Harris County Criminal Causes Decided: February 19, 2009 Civil Causes Decided: Yazdchi v. SACU (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Higley) (law of the case doctrine) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00189-CV Abbas Yazdchi v. San Antonio Credit Union (SACU) Appeal from 281st District Court of Harris County Trial Court Judge Hon. David J. Bernal McAlester Fuel Co v. Carpenter (Tex.App. - Houston [1st Dist.] Feb. 19, 2009)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00653-CV McAlester Fuel Company v. W. Scott Carpenter d/b/a Carpenter & Associates Appeal from 164th District Court of Harris County In Matter of LEM (Tex.App.- Houston [1st Dist.] Feb. 19, 2000)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-07-00897-CV In the Matter of L.E.M Appeal from County Court at Law No 3 of Fort Bend County Cortina v. The Kroger Co. ( (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks) 01-07-00937-CV Adalia Cortina v. The Kroger Co., Kroger Texas, L.P., and Dennis Seprian, Individually Appeal from 157th District Court of Harris County McCrimmon v. Taylor (Tex.App.- Houston [1st Dist.] Feb. 19, 2009, pet. denied July 2009)(Bland) (nonlawyer pro se party may not sue as next friend of another adult, unauthorized practice of law, motion to show authority, TRCP 12) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00644-CV Mae H. McCrimmon & Lula Mae Creton v. Barron Taylor d/b/a B-Sure Mortgate, et al. Appeal from 280th District Court of Harris County Trial Court Judge: The Honorable Tony Lindsay Naffa v. Hogg Venture Partners, LP (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00683-CV Youssef Naffa, Zana Restaurant, Inc., d/b/a Zana Cafe', Pappilion Restaurant, Inc., Zakaria Ateyea v. Hogg Venture Partners, L.P., Randall Davis Co., and Randall Davis Appeal from 125th District Court of Harris County Hosea v. GRP Loans LLC (Tex.App.- Houston [1st Dist.] Feb. 19, 2009) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00746-CV Darlene Hosea v. GRP Loans LLC Appeal from County Civil Court at Law No 4 of Harris County Walker v. Satton Mortgage Service (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00778-CV Peggy Walker, Melvin Walker v. Satton Mortgage Service Appeal from County Civil Court at Law No 1 of Harris County Wilridge v. Lewis (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00793-CV Wayne G. Wilridge, Jr. v. Charles W. Lewis Appeal from County Civil Court at Law No 3 of Harris County Easton v. Brasch (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Alcala) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00943-CV Michael Easton and Maria Easton v. Brian W. Brasch Appeal from County Court at Law No 4 of Fort Bend County Kilpatrick v. Vasquez (Tex.App.- Houston [1st Dist.] Feb. 19, 2009) DISMISS APPEAL: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00945-CV Elizabeth Kilpatrick v. Santiago Vasquez, Victor Martinez and Sonitrol Coporation Appeal from 189th District Court of Harris County Singh v. Hovnanian (Tex.App.- Houston [1st Dist.] Feb. 19, 2009) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00961-CV Roy Singh v. K. Hovnanian, et al. Appeal from Co Civil Ct at Law No 2 of Harris County Branch v. Dismukes (Tex.App.- Houston [1st Dist.] Feb. 19, 2009) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks) 01-08-01032-CV Aundre Branch v. Shawndace Dismukes Appeal from 310th District Court of Harris County Christie v. Texas Shipping Co., Ltd. (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(per curiam dismissal) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-09-00016-CV Dimitrios Christie and Peter Petroutsas v. Texas Shipping Company, LTD. and Lewis Pappas Appeal from 215th District Court of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-07-00145-CR Christopher Wayne Yell v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-07-00146-CR Christopher Wayne Yell v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland) 01-08-00144-CR William Harris v. The State of Texas Appeal from 232nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley) 01-08-00174-CR Francisco Villarreal 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) 01-08-00301-CR Denise Swasing Spiller v. The State of Texas Appeal from 180th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland) 01-08-00567-CR Adrian Torres v. The State of Texas--Appeal from 252nd District Court of Jefferson County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley) 01-08-00668-CR Angela Brown v. The State of Texas--Appeal from 184th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks) 01-09-00079-CR In re Fabian Javier Mireles--Appeal from 176th District Court of Harris County February 18, 2009 Civil Causes Decided: In re Gexa Energy LP (Tex.App.- Houston [1st Dist.] Feb. 18, 2000)(per curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-08-01000-CV In re Gexa Energy, L.P., Gexa Corp., Gexa Energy Holdings LLC, And FPLE Energy, LLC Appeal from 127th District Court of Harris County Criminal Causes Decided: February 17, 2009 Civil Causes Decided: In re Durkee (Tex.App.- Houston [1st Dist.] Feb. 17, 2000)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland) 01-08-00986-CV In re Alison Picheloup Durkee Appeal from 152nd District Court of Harris County Criminal Causes Decided: February 13, 2009 Civil Causes Decided: Barton v. Whataburger, Inc. (Tex.App.- Houston [1st Dist.] Feb. 13, 2009)(Separate opinion by Keyes) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Keyes Before Chief Justice Radack, Justices Taft, Jennings, Keyes, Alcala Hanks, Higley, Bland and Sharp 01-06-01121-CV Rose Barton, Individually and as Personal Representative of the Estate of Christopher Martin Dean v. Whataburger, Inc. Appeal from 157th District Court of Harris County Dissenting Opinion by Justice Jennings Criminal Causes Decided: February 12, 2009 Civil Causes Decided: Lincoln v. Clark Freight Lines, Inc. (Tex.App.- Houston [1st Dist.] Feb 12, 2009)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01177-CV Kimble Lynette Lincoln, Ind., and as Representative of The Estate of Brian Gregory, Jr. v. Clark Freight Lines, Inc., and Juan Manuel Vasquez Appeal from 190th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-07-00074-CV The Freeport Economic Development Corporation v. Western Seafood Company Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County White v. Harris-White (Tex.App.- Houston [1st Dist.] Feb. 12, 2009)(Keyes) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00521-CV David A. White v. Martha Harris-White Appeal from 308th District Court of Harris County Key v. Viera, MD (Tex.App.- Houston [1st Dist.] Feb. 12, 2009)(Taft) (summary judgment, claim of breach of warranty re: lipo suction and face lift procedures characterized as med-mal claim and found to be time-barred, affirmative defense of two-year statute of limitations, health care liability claim, cosmetic surgery) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Bland and Sharp) 01-07-00587-CV Belma Key, a/k/a Belma Keykurun v. Hector M. Viera, M.D., et al Appeal from County Civil Court at Law No 2 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-07-00698-CV The Freeport Economic Development Corporation v. Western Shellfish Corporation--Appeal from Co Ct at Law No 2 & Probate Ct of Brazoria County Andy Castellano, Jr. (Tex.App.- Houston [1st Dist.] Feb. 12, 2009)(Sharp) (dismissal should have been without prejudice, based on failure to state claim) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00759-CV Andy Castellano, Jr. Appeal from 412th Judicial District Court of Brazoria County Davis v. Martin (Tex.App.- Houston [1st Dist.] Feb. 12, 2009)(Taft) (default judgment reversed on appeal, ineffective substituted service, insufficient affidavit re: service attempts, strict requirements not complied with) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Bland and Sharp 01-07-00831-CV Domanick Davis a/k/a Domanick Williams and Tamika Davis v. George R. and Mianna Martin--Appeal from 239th District Court of Brazoria County Lockett v. Amoco Corp. (Tex.App.- Houston [1st Dist.] Feb. 12, 2009)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings and Bland, The Honorable Hudson 01-07-01052-CV Evelyn Lockett v. Amoco Corporation, et al Appeal from 149th District Court of Brazoria County Benavides v. KNAPP Chevrolet (Tex.App.- Houston [1st Dist.] Feb 12, 2009)(Jennings) (sanctions reversed, Rule 13, TRCP 215, Chapter 10, court's inherent authority, bad faith element) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00212-CV Giovanni A. Benavides v. KNAPP Cheverolet, INC Appeal from County Civil Court at Law No 4 of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00552-CV Rubie Chavez v. NetVersant-Texas, Inc. Appeal from 334th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00586-CV Paul Swanson v. Houston Helicopters Inc. et al. Appeal from 239th District Court of Brazoria County Criminal Causes Decided: REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Judge Duggan, Justices Jennings and Higley 01-05-00141-CR Cody Lee Oursbourn v. The State of Texas Appeal from 351st District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00296-CR Jamie Lynne Mosby Williams v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00297-CR Jamie Lynne Mosby Williams v. The State of Texas Appeal from 240th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00543-CR Joe Lee Simmons v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00632-CR Thiogest Jefferson Williams, Jr. v. The State of Texas Appeal from 21st District Court of Washington County AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala) 01-07-00712-CR Candace Sue Thierry v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00818-CR James Wesley Howard 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 01-07-01055-CR Herbert George Farnsworth v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00012-CR Francois Joe Desanges 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 01-08-00084-CR Raul Munoz 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 01-08-00085-CR Raul Munoz 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 01-08-00107-CR Eric Steven Spiller v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00108-CR Eric Steven Spiller v. The State of Texas Appeal from 177th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00139-CR James Ray Jackson Sr. v. The State of Texas Appeal from 351st District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00421-CR David Charles Wolfe v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County ABATE CASE: Per Curiam Before Justices Jennings, Keyes and Higley 01-08-00533-CR Eric Wayde Berry v. The State of Texas Appeal from 405th District Court of Galveston County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-01014-CR Shawn Debose v. The State of Texas Appeal from 184th District Court of Harris County February 10, 2009 Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Taft, Bland and Sharp 01-09-00080-CR In re John Doe Appeal from County Criminal Court at Law No 7 of Harris County February 6, 2009 Civil Causes Decided: St. Luke's Episcopal Hospital v. Poland (Tex.App.- Houston [1st Dist.] Feb. 6, 2009)(Taft) (health care liability claim, effectiveness of service of expert report) 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, Keyes and Alcala 01-06-01038-CV St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin Appeal from 152nd District Court of Harris County Dissenting Opinion by Justice Jennings Concurring Opinion by Justice Taft Criminal Causes Decided: February 5, 2009 Civil Causes Decided: Para-Chem Southern, Inc. (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Higley) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Chief Justice Radack, Judge Wilson, Justice Higley 01-06-01073-CV Para-Chem Southern, Inc., Goodrich Corporation v. Sandstone Products, Inc. Appeal from 127th District Court of Harris County Martin v. DFPS (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00842-CV Tanika Martin v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Estate of Bennett v. Estate of Warner Thompson (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Duggan, Justices Jennings and Higley 01-08-00079-CV Estate of Myrtle Bennett v. Estate of Julia Mae Warner Thompson Appeal from County Court of Austin County DFPS v. Silva (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00195-CV Department of Family and Protective Services v. Jerry Silva Appeal from 300th District Court of Brazoria County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-08-00291-CV National Credit Acceptance, Inc. v. Chris Lanier Appeal from County Civil Court at Law No 1 of Harris County Dwight Cannon v. TJ Burdett & Sons Recycling (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-08-00380-CV Dwight Cannon DBA D.C. Wrecker Service and DBA Uptown Auto Storage v. TJ Burdett & Sons Recycling and TJ Burdett & Sons, Inc Appeal from County Civil Court at Law No 1 of Harris County In the Matter of CJ (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00431-CV In the Matter of C. J. Appeal from 315th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00540-CV Eugene Lessman, et al. v. Stephen L. Martin and Starfish Interest, Inc. d/b/a Starfish Roofing--Appeal from 133rd District Court of Harris County Shuttleworth v. G & A Outsourcing (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00650-CV Troy J. Shuttleworth, et al., v. G & A Outsourcing, Inc. d/b/a G & A Partners Appeal from 152nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00679-CV Roberto Reichard, Jennifer Kenny and 11510 Habersham Partners v. Lupita R. Newton--Appeal from Co Civil Ct at Law No 1 of Harris County Beckwith v. White, MD (Tex.App.- Houston [1st Dist.] Feb. 5, 2009)(Higley) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00680-CV Anna M. Beckwith v. Stephen White, M. D. Appeal from 400th District Court of Ft. Bend County DISMISS APPEAL: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00717-CV Zurich American Insurance Company v. Sandra A. Debose Appeal from 133rd District Court of Harris County DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-08-00727-CV In re R.E.D.--Appeal from 312th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Taft, Bland and Sharp 01-08-00790-CV Department of Family and Protective Services v. Jim Pongrass, Individually and d/b/a Kid Fit--Appeal from 129th District Court of Harris County Criminal Causes Decided: DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Higley 01-06-00327-CR Daniel David Wilkerson v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-06-00672-CR Patrick Renoid Smith 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 01-07-00344-CR James Cornelius Square v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00345-CR James Cornelius Square v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00346-CR James Cornelius Square v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00347-CR James Cornelius Square v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00386-CR Jarrett Delaine Driver v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00428-CR Marco Medrano v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00429-CR Marco Medrano v. The State of Texas Appeal from Co Crim Ct at Law No 8 of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: 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 Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00669-CR Robert Leslie Caldwell v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00743-CR Guadalupe Elizondo v. The State of Texas Appeal from 184th District Court of Harris County DISMISS APPEAL: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-08-00145-CR Joshua London v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Duggan, Justices Jennings and Higley 01-08-00278-CR Stephen Castanedo v. The State of Texas Appeal from 220th District Court of Bosque County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp) 01-08-00627-CR Anthony Lois Coleman a/k/a Anthony Louis Harrison v. The State of Texas Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00819-CR Craig Andrew Peldo v. The State of Texas Appeal from 184th District Court of Harris County DENY PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-09-00043-CR In re Jesse Flores--Appeal from 182nd District Court of Harris County February 2, 2009 Civil Causes Decided In re Postel Industries (Tex.App.- Houston [1st Dist.] Feb. 2, 2009)(per curiam denial) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00981-CV In re Postel Industries Appeal from 234th District Court of Harris County Criminal Causes Decided: None |
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