|
October 2009 Decisions and Opinion Release Dates: October 1, 7, 8, 9, 12, 15, 16, 20, 22, 23, 26, 29, 2009 OCT. '09 CIVIL CASE TABLE Released Opinions October 29, 2009 Civil Causes Decided: Washington v. TDCJ-ID (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (inmate litigation, prisoner's pro se suit dismissed, noncompliance with disclosure requirements re prior law suits)(trial court's order dismissing case for "want of prosecution" and for "lack of merit" affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-06-01188-CV Michael G. Washington v. TDCJ-ID AGCY Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Gary Michael Block Lee-Way Prince Enterprises, LLC v. Qai Assurance, Inc. (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Bland) (award of attorney’s fees on contract breach attorney's fees for promissory estoppel claim, breach of contract, breach of settlement agreement, common-law fraud) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-07-01004-CV Lee-Way Prince Enterprises, LLC v. Qai Assurance, Inc. and Arthur Kwok Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John T. Wooldridge Gonzalez v. AAG-Law Vegas, LLC (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Op. on Rehearing by Davie L. Wilson) (accelerated, interlocutory appeal challenging denial of special appearance, minimum contacts analysis) (court of appeals renders judgment sustaining the special appearance) (no personal jurisdiction) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Judge Davie L. Wilson Before Judge Wilson, Justices Alcala and Hanks 01-08-00377-CV David M. Gonzales v. AAG-Las Vegas, L.L.C., Ascent Automotive Group, L.P., KW#1 Acquisition Company, L.L.C. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. David Rafes, Inc. v. Huml (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (defamation business disparagement loss of reputation and goodwill claim re product quality, tortious interference with prospective business relationships, substantial truth defense to defamation claim succeeds) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00856-CV David Rafes, Inc. v. Michael Huml and Slowboy Racing, Inc. Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson ERG Resources LLC v. Merlon Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Jennings) (oil gas and minerals law, no breach of contract for sale, no conversion claim if no longer owned by plaintiff) AFFIRM TC JUDGMENT: Opinion by Justice Terry Jennings Before Justices Jennings, Higley and Sharp 01-08-01007-CV ERG Resources. LLC v. Merlon Texas, Inc. Appeal from 333rd District Court of Harris County Trial Court Judge: The Honorable Joseph J. Halbach DISMISS APPEAL 10/29: Per Curiam (dismissed by appellant) Before Justices Alcala, Hanks and Higley 01-09-00508-CV Gina Pack v. Amegy Bank Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Vu v. Solanic (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Massengale)(health care liability claim, expert report sufficiency, medical-malpractice claims) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00551-CV Tuan A. Vu, Individually and d/b/a Southwest Cosmetic Surgery and Skin Care Center and Tuan A. Vu, M.D., P.A. v. Cicely Solanic Appeal from 400th District Court of Ft. Bend County Trial Court Judge: Hon Clifford J. Vacek DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00825-CV In Re Michael Francis Palma Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-07-01038-CR Peter Silva v. The State of Texas Appeal from 262nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00411-CR Dominique Anthony Dorsey v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00412-CR Virgilio Perez Vasquez v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00557-CR Horace Hiawathai Walker v. The State of Texas Appeal from 284th District Court of Montgomery County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00724-CR Herschell Dean Shinette v. The State of Texas Appeal from 405th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Higley, Sharp and Mirabal 01-08-00872-CR Terrance Lee Williams v. The State of Texas Appeal from 230th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00873-CR Kevin Ricardo Dorsey v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00145-CR Omar Marquise Henry v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00146-CR Nakia Kiyanna Washington v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00213-CR Sherril Lee Rooks v. The State of Texas Appeal from 2nd District Court of Cherokee County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Keyes and Sharp 01-09-00332-CR Andrew Stubblefield v. The State of Texas Appeal from 258th District Court of Polk County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Keyes and Sharp 01-09-00406-CR Andrew Stubblefield v. The State of Texas Appeal from 258th District Court of Polk County October 26, 2009 Civil Causes Decided: Sharp Dissent in Dyess v. Harris (corrected opinion) (Tex.App.- Houston [1st Dist.] Oct. 26, 2009)(Sharp, Dissenting) ("I dissent. The trial court preemptively usurped the jury’s fact-finding role.") OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon Harris, Donna L. Harris and Spaulding for Childrens Appeal from 234th District Court of Harris County Trial Court Judge: The Honorable Reece Rondon Criminal Causes Decided: None this day October 23, 2009 Civil Causes Decided: Benavente v. Granger (Tex.App.- Houston [1st Dist.] Oct. 23, 2009)(Radack) (rear-end automobile collision, negligence not established, no negligence per se based on rear-end collision, take-nothing judgment affirmed, appeal based on partial reporter's record) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Taft and Sharp 01-08-00227-CV Maricella Benavente v. Daniel Granger and Beverly Granger Appeal from 333rd District Court of Harris County Trial Court Judge: Hon. Joseph Halbach Dissenting Opinion by Justice Sharp in Benavente v. Granger (would find driver negligent) Criminal Causes Decided: October 22, 2009 Civil Causes Decided: Gillum v. Harris County (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Higley) (ad valorem property tax case, tax suit, tax delinquency suit and foreclosure of tax lien, appeal from tax master to referring court, de novo trial) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp) 01-08-00551-CV Jennifer Gillum v. Harris County Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson Hyatt v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Higley) (termination of parental rights, frivolous appeal finding) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00159-CV Kenneth A. Hyatt III v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Trial Court Judge: Hon. Michael H. Schneider City of Houston v. HS Tejas, Ltd. (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Massengale) (inverse condemnation, regulatory takings claim, plea to the jurisdiction proper, ripeness issue, opportunity to amend) REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00393-CV City of Houston v. HS Tejas, Ltd Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-07-01027-CR Willie Paul Walton v. The State of Texas Appeal from 182nd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00460-CR Joshua Tyrone Lane v. The State of Texas Appeal from 300th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00584-CR Rudy Rodriguez, Jr. v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00734-CR Umekki Marshall v. The State of Texas Appeal from 185th District Court of Harris County OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00734-CR Umekki Marshall v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Alcala and Hanks 01-08-00974-CR Joshua Martan Pleasant v. The State of Texas Appeal from 178th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00645-CR Joshua Tyrone Lane v. The State of Texas Appeal from 300th District Court of Brazoria County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-09-00646-CR Joshua Tyrone Lane v. The State of Texas Appeal from 300th District Court of Brazoria County October 20, 2009 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00901-CV In re Carla I. Velasco Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Criminal Causes Decided: October 16, 2009 Civil Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before 01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon Harris, Donna L. Harris and Spaulding for Children--Appeal from 234th District Court of Harris County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Before Chief Justice Radack, Justices Taft and Sharp 01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon Harris, Donna L. Harris and Spaulding for Children--Appeal from 234th District Court of Harris County Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00823-CR In re Howard G. Green Appeal from 180th District Court of Harris County October 15, 2009 Civil Causes Decided: SCTW Health Care Center, Inc v. AAR Incorporated (Tex.App.- Houston [1st Dist.] Oct. 15, 2009) (Hanks) (construction law, mold remediation work, breach of contract jury verdict affirmed, attorney's fees) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Hanks Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00762-CV SCTW Health Care Center, Inc., Stan Steele, Wynell Suitt and WTCS Health Care Center, Inc. v. AAR Incorporated Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Houchins v. Devon Energy Production Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Massengale) (determination whether language of a deed is ambiguous)(interpretation of deed language) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00273-CV Cynthia A. Houchins and Darrell E. Houchins v. Devon Energy Production Co., L.P. Appeal from 18th District Court of Johnson County Trial Court Judge: Hon. John Edward Neill Saxon v. Saxon (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(per curiam) (untimely notice of appeal) DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00310-CV Dannie Reece Saxon v. Frank E. Saxon Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Requena v. Otis Elevator Company and Fisk Electric Co. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009) (Keyes) (personal injury - freight elevator, negligence, no breach of duty, JNOV affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00378-CV Jose Hermilo Requena and Mary Sue Requena v. Otis Elevator Company and Fisk Electric Company Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Marin v. IESI TX Corporation (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Alcala) (jury findings that defendant committed forgery, misapplication of fiduciary property, fraud, and conversion, exemplary damages affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00539-CV Janell S. Marin v. IESI TX Corporation Appeal from 412th Judicial District Court of Brazoria County Trial Court Judge: Hon. W. Edwin Denman KM Timbercreek, LLC v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Bland) (tax appraisal judicial review suit, exhaustion of administrative remedies, standing to bring action, Rule 28) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00689-CV KM Timbercreek, LLC v. Harris County Appraisal District Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Aranda v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Higley) (termination of parental rights appeal, frivolousness finding) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00058-CV Ernesto Aranda 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 Justices Keyes, Alcala and Hanks 01-09-00167-CV Mary Beth Clawson and Robert Taylor, Individually and as Trustees for the Mary Beth Clawson 1986 Trust, The Meredith Mccarthy Riddle 1986 Trust , The Elizabeth Karthleen Riddle 1986 Trust, The Elizabeth Marenfield 1986 Trust, Arbor Holding Company, Inc., v. Beltway Green Partnership, Ltd Appeal from 164th District Court of Harris County Trial Court Judge: Hon Alexandra Smoots-Hogan DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00394-CV John Altaire Coil, Dee and Dee Enterprises, Inc., and I-45 North News & Video, Inc. v. Odilia Espinosa, Individually; Odilia Espinosa, as Personal Representative of the Estate of Jacinto Espinosa; Marco Espinosa Appeal from 129th District Court of Harris County Trial Court Judge: Hon. Michael Gomez In re Newton B. Schwartz, Sr. (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Higley and Bland 01-09-00806-CV In re Newton B. Schwartz, Sr. Appeal from 157th District Court of Harris County Trial Court Judge: Hon. Randy Wilson (Tex.App.- Houston [1st Dist.] Oct. 15, 2009) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Higley and Bland 01-09-00807-CV In re Newton B. Schwartz, Sr. Appeal from 157th District Court of Harris County Trial Court Judge: Randy Wilson In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks) (SAPCR petition in intervention in DFPS/CPS child protection suit, timeliness of intervention) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-09-00814-CV In Re David Arnold Northrop Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Hanks) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice George C. Hanks, Jr. Before Justices Keyes, Alcala and Hanks 01-09-00815-CV In Re David Arnold Northrop Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne Criminal Causes Decided: AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-04-01252-CR Ronald David Rogers v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-04-01253-CR Ronald David Rogers v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00305-CR David Thomas v. The State of Texas Appeal from 180th District Court of Harris County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00426-CR Michael Lee Trevino v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00427-CR Michael Lee Trevino v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00428-CR Michael Lee Trevino v. The State of Texas Appeal from 268th District Court of Fort Bend County AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00527-CR Erick Roberto Aguilar-Montino v. The State of Texas Appeal from 176th District Court of Harris County October 12, 2009 Civil Causes Decided: Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-08-01019-CR In re Floyd P. Tarvin, IV Appeal from County Criminal Court at Law No 8 of Harris County October 9, 2009 Civil Causes Decided: Sharp Dissent from denial of en banc review in Walker v. DFPS (Tex.App.- Houston [1st Dist.] Oct. 9, 2009)(Sharp) (termination of parental rights) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Justices Jennings, Hanks and Bland 01-07-00867-CV Frederick Dewayne Walker v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips Criminal Causes Decided: October 8, 2009 Civil Causes Decided: Showbiz Multimedia LLLC v. Mountain States Mortgage Co. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Sharp) (improper incurable jury argument, inflammatory judicial terrorism rhetoric) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Sharp Before Justices Taft, Bland and Sharp 01-07-00810-CV Showbiz Multimedia, LLC; Showbiz Multimedia Entertainment, LLC; and Vinay Karna v. Mountain States Mortgage Company; Remington Financial Group, Inc.; and Matthew McManus Appeal from 387th District Court of Fort Bend County Concurring Opinion by Justice Taft in Showbiz Multimedia v. Mountain States Mortgage Company National Fire Insurance Co. v. State and County Mutual Fire Ins. Co. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Massengale)(insurance litigation) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-00845-CV National Fire Insurance Company of Hartford, as Assignee of Kelvin Ray Gatlin v. State and County Mutual Fire Insurance Company Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn Wood Aguilar v. Dojo Enterprises, Inc. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Massengale) (take-nothing judgment in personal injury suit affirmed) (statute of limitations and due diligence in serving defendant, deemed admissions, waiver of arguments on appeal on account in inadequate briefing) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-00903-CV Estelita Aguilar v. Dojo Enterprises, Inc. d/b/a Party City Appeal from 127th District Court of Harris County Trial Court Judge: Hon. Sharolyn Wood Harris County Medical Examiner v. Saghian (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Hanks) (autopsy, free exercise of religion, Texas Religious Freedom Restoration Act, temporary injunction preventing autopsy vacated, standing) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00951-CV Harris County Medical Examiner Luis Arturo Sanchez, M.D. v. Afsaneh Saghian Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Stephens v. SBOT (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Keyes) (petition to reinstate law license denied, summary judgment affirmed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00210-CV McCuller C. Stephens, III v. State Bar of Texas Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull O'Conor v. The Frost National Bank (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Keyes) (invasion of privacy claim fails, disclosure of social security number) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00229-CV Robert O'Conor, Jr. v. The Frost National Bank Appeal from 234th District Court of Harris County Trial Court Judge: The Honorable Reece Rondon Resurgence Financial, LLC v. Lawrence (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack) (credit card debt suit not properly brought as sworn account suit under Rule 185, damages not proven) AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00341-CV Resurgence Financial, L.L.C. v. James T. Lawrence Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Equipment Resources International, Inc. v. Webb (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Bland) (MSA, (breach of mediated settlement agreement, bad faith sanctions, contractual agreement to dismiss pending suit not complied with) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00374-CV Equipment Resources International, Inc. v. Julie L. Webb Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00754-CV Rapid Settlement, LTD. v. Voshunda Roquemore, Hartford Fire Insurance Company Appeal from County Civil Court at Law No 4 of Harris County Royalton Condominium, LP v. Albright (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack) (pending interlocutory appeal mooted by nonsuit in the trial court) DISMISS APPEAL: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-09-00139-CV Royalton Condominiums, L.P. and The Royalton Management, Inc. v. Gerry Albright, Vivian Leong, Ronald Gensburg, Hal Kuntz, Annette Kuntz, Lucky Chopra and Alvin Thomas Appeal from 61st District Court of Harris County Trial Court Judge: Hon. Al Bennett In Interest of G.T.S. (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Jennings) (paternity proceedings to rebut presumption of paternity and establish other man's paternity barred by limitations, equitable estoppel theory not properly presented) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00212-CV In the Interest of G. T. S., a child Appeal from 173rd District Court of Henderson County Trial Court Judge: Judge Dan Moore Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-06-00416-CR Jay Dee Smith v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Bland 01-07-00670-CR Ronald A Combs v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-07-00885-CR Joseph Flucas v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00272-CR Alford Brent Jeffrey v. The State of Texas Appeal from 13th District Court of Navarro County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-08-00797-CR Andrew Barnes v. The State of Texas Appeal from 183rd District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00837-CR Ernest Lovell Davis v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-08-00906-CR Alton D. Brown v. The State of Texas Appeal from 184th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00907-CR Matthew James Acheampong v. The State of Texas Appeal from 209th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justice Sharp 01-08-00947-CR Robert Eric Ballard v. The State of Texas Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-08-00948-CR Robert Eric Ballard v. The State of Texas Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00798-CR Carlos Humberto Morales v. The State of Texas Appeal from 176th District Court of Harris County October 7, 2009 Civil Causes Decided: In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(per curiam denial of mandamus) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00814-CV In Re David Arnold Northrop Appeal from 257th District Court of Harris County In Re Northrop (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00815-CV In Re David Arnold Northrop Appeal from 257th District Court of Harris County In Re Velasco (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(per curiam denial of mandamus) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00824-CV In re Carla I. Velasco Appeal from 308th District Court of Harris County Criminal Causes Decided: DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00698-CR In re Donald Fred Hobbs Appeal from 56th District Court of Galveston County October 1, 2009 Civil Causes Decided: Chambers v. O'Quinn (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Opinion on remand by Taft) (right to arbitration of attorney-client / legal malpractice dispute not waived, conflict in arb agreement as to whether TAA or FAA applies resolved in favor of Texas Arbitration Act, arbitration of legal malpractice claims) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Tim Taft Before Justices Taft, Keyes and Hanks 01-04-01029-CV Bob Chambers, et al. v. John M. O'Quinn, individually d/b/a O'Quinn & Laminack, and John M. O'Quinn, P.C. Appeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Nguyen v. Yovan (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Keyes) (real estate transaction, statute of frauds as it applies to sale of real estate, contract for deed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00660-CV Anna Marie Nguyen v. Alex Yovan and Philip Yovan Appeal from 212th District Court of Galveston County Trial Court Judge: Hon. Susan Elizabeth Criss Choy v. Graziano Roofing of Texas, Inc. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (construction law, Trust Fund Act violations alleged) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-07-00761-CV Andrew Choy v. Graziano Roofing of Texas, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble Nicholson v. Shinn, MD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (HCLC, limitations and accrual of claim, timeliness of notice of claim and filing of suit, motion for continuance of summary judgment hearing for additional discovery, adequate time for discovery) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Hanks 01-07-00973-CV Litzi Nicholson v. Mary Shinn, MD Appeal from 133rd District Court of Harris County Trial Court Judge: Hon. Lamar McCorkle Vice v. Kasprzak (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Keyes) (interlocutory appeal, defamation suit) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-08-00168-CV Patricia Vice and Kathie Slotter v. Daniel J. Kasprzak, Patricia C. Kasprzak and Katherine D. Kasprzak Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Union Carbide & Hexion Specialty Chemicals, Inc v. Smith (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (Jennings)(asbestos case, exclusive remedy defense, Workers Compensation Act). REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Higley 01-08-00641-CV Union Carbide & Hexion Specialty Chemicals, Inc.'s v. Oliver D. Smith and Peggy Ann Bowen Smith Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor Plaza At 610 Commons Inc v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Higley) (ad valorem property tax appeal, plea to the jurisdiction, no substitution of different entity as owner under Rule 28 governing dba-s, suit in common names) (property tax protest, appeal administrative remedies and judicial review suit, plea to the jurisdiction, no substitution of different entity as owner under Rule 28 governing dbas, common names, identity of property owner is the issue, real owner did not bring protest and suit within the filing deadline) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-08-00690-CV Plaza At 610 Commons Inc. v. Harris County Appraisal District Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Perry v. UH-Downtown (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Bland) (public employment - retaliatory discharge claim; summary judgment for defendant university in race discrimination retaliation case affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00807-CV Jacqueline Perry v. University of Houston Downtown Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Lamar v. Poncon, Morgan's Rock Hacienda & Ecolodge (Tex.App.- Houston [1st Dist.] Oct. 1, 2009) (Bland) (special appearance, special jurisdiction, general jurisdiction, discovery re jurisdictional facts should proceed) REVERSE TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-01036-CV John and Nanci Lamar v. Eric Poncon and Morgan's Rock Hacienda & Ecolodge Appeal from 215th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00042-CV Chris Stone and Gary Walker v. Glazier Foods Company Appeal from 334th District Court of Harris County UT Med. Branch Galveston v. Brisco (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Massengale) (Texas Tort Claims Act TTCA case, claim dismissed, sufficiency of notice of claim letter, immunity not waived) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-09-00064-CV The University of Texas Medical Branch Galveston and The University of Texas System v. Dawn Nico Brisco Appeal from 56th District Court of Galveston County Trial Court Judge: Hon Lonnie Cox Thomas & Son's Inc. v. Seabrook Land Co. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Bland) (finality, interlocutory appeal from sanctions order not authorized and dismissed for want of jurisdiction) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00420-CV Thomas & Son's Inc., United Seafood, Inc., and Gulf Coast Harvest, Inc. v. Seabrook Land Company Appeal from 125th District Court of Harris County Trial Court Judge: Hon. Kyle Carter DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00540-CV Carl S. Birk v. FIA Card Services Appeal from 281st District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00554-CV Kerry Walter v. Unifund CCR Partners Appeal from County Civil Court at Law No 1 of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00681-CV Teresa Stephens v. Virgie Arthur Appeal from 280th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-09-00683-CV Rapid Settlements, Ltd. v. American Mayflower Life Insurance Company N/K/A Genworth Life Insurance Company of New York and Mayflower Assignment Corporation Appeal from County Civil Court at Law No 3 of Harris County Criminal Causes Decided: AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00101-CR Edward Galvan Coronado v. The State of Texas Appeal from 209th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-08-00658-CR Jeremiah Bernard Ellis v. The State of Texas Appeal from 248th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00710-CR Tamina Denise Hamid v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Alcala and Hanks 01-08-00711-CR Tamina Denise Hamid v. The State of Texas Appeal from 434th District Court of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-08-00927-CR Jason Wayne Liles v. The State of Texas Appeal from Co Crim Ct at Law No 12 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00114-CR John Antwon Pete v. The State of Texas Appeal from 337th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00206-CR Kelly Jeanette Saxton v. The State of Texas Appeal from 3rd District Court of Anderson County AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00218-CR Frank D. Patton, Jr. v. The State of Texas Appeal from 349th District Court of Houston County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00598-CR Sherman Dwayne Waller a/k/a Sherman Dwayne Walker v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00716-CR Chad Dwayne Provorse v. The State of Texas Appeal from 248th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00738-CR Jose Santos Lopez v. The State of Texas Appeal from 178th District Court of Harris County |
|