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May 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: May 3, 6, 7, 13, 14, 19, 20, 26, 27, 28, 2010 Released Opinions May 28, 2010 Civil Causes Decided: WPS, Inc. v. Enervest Operating, LLC (Tex.App.- Houston [1st Dist.] May 28, 2010)(Taft) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-00759-CV WPS, Inc. v. Enervest Operating, LLC Appeal from 127th District Court of Harris County Izen v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] May 28, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-07-01114-CV Joe Alfred Izen, Jr. v. Commission for Lawyer Discipline Appeal from 129th District Court of Harris County Izen v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] May 28, 2010)(Keyes) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-07-01114-CV Joe Alfred Izen, Jr. v. Commission for Lawyer Discipline Appeal from 129th District Court of Harris County Orrell v. Lyndon-DFS Warranty Services, Inc. (Tex.App.- Houston [1st Dist.] May 28, 2010)(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, Justices Alcala and Higley 01-08-00398-CV The Hartford and Mr. and Mrs. Donald Orrell v. Lyndon-DFS Warranty Services, Inc., Lyndon Property Insurance Company, Foretravel of Texas, Inc., and Foretravel, Inc. Appeal from 149th District Court of Brazoria County Ginther v. Bank of America, N.A. (Tex.App.- Houston [1st Dist.] May 28, 2010)(Higley) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-08-00430-CV Fergus M. Ginther v. Bank of America, N.A., formerly NationsBank of Texas, N.A., Predecessor Trustee Appeal from Probate Court No 3 of Harris County Criminal Causes Decided: May 27, 2010 Civil Causes Decided: El Paso Field Services Management, Inc. v. Lopez (Tex.App.- Houston [1st Dist.] May 27, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Taft, Alcala and Sharp 01-07-00999-CV El Paso Field Services Management, Inc. v. Ernesto Lopez and Georgia Lopez Appeal from 164th District Court of Harris County West v. SMG (Tex.App.- Houston [1st Dist.] May 27, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00720-CV Alicia Dianne West v. SMG Appeal from 133rd District Court of Harris County Matthews v. Northrup (Tex.App.- Houston [1st Dist.] May 27, 2010)(Jennings) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00063-CV Matthew A. Matthews v. Elizabeth McCall Northrup Appeal from 245th District Court of Harris County The Methodist Hospital v. Fitzpatrick (Tex.App.- Houston [1st Dist.] May 27, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00539-CV The Methodist Hospital v. Lance Fitzpatrick Appeal from 151st District Court of Harris County Pecan Club, Inc. v. Pacific Insurance Company, Limited (Tex.App.- Houston [1st Dist.] May 27, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00582-CV Pecan Club, Inc. v. Pacific Insurance Company, Limited Appeal from 240th District Court of Fort Bend County Villarreal v. Burd (Tex.App.- Houston [1st Dist.] May 27, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Sharp and Massengale 01-09-00589-CV Gloria A. Villarreal v. Kayla Marie Burd Appeal from County Court at Law No 3 of Galveston County Baldwin v. Baldwin (Tex.App.- Houston [1st Dist.] May 27, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-01067-CV Maria Theresa Baldwin v. Robin Baldwin Appeal from 280th District Court of Harris County Criminal Causes Decided: Diaz v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-07-00943-CR Alexandro A. Diaz v. The State of Texas Appeal from 248th District Court of Harris County Diaz v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-07-00944-CR Alexandro A. Diaz v. The State of Texas Appeal from 248th District Court of Harris County Beatty v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00335-CR Kenneth Garrett Beatty v. The State of Texas Appeal from 185th District Court of Harris County Giles v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Massengale) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Chief Justice Radack, Justices Bland and Massengale 01-08-00410-CR Quinton Lamont Giles v. The State of Texas Appeal from 178th District Court of Harris County Alcantara v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-08-00743-CR Mauricio Alberto Alcantara v. The State of Texas Appeal from 228th District Court of Harris County Murillo v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Bland) DISMISS APPEAL: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00871-CR Jose Albino Murillo v. The State of Texas Appeal from 12th District Court of Grimes County Below v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00008-CR Lawrence Lezado Below v. The State of Texas Appeal from 262nd District Court of Harris County Lopez v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00289-CR Ivan Ramirez Lopez v. The State of Texas Appeal from 262nd District Court of Harris County Laws v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00431-CR Bereata Jeanette Laws v. The State of Texas Appeal from Co Crim Ct at Law No 2 of Harris County Hippolite v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00569-CR Troy Donnell Hippolite v. The State of Texas Appeal from 339th District Court of Harris County Perez v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Alcala) DISMISS APPEAL: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00801-CR Bernardino Hernandez Perez v. The State of Texas Appeal from 185th District Court of Harris County Jacobo-Salas v. Texas (Tex.App.- Houston [1st Dist.] May 27, 2010)(Bland) DISMISS APPEAL: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00899-CR Jose Damian Jacobo-Salas v. The State of Texas Appeal from 230th District Court of Harris County May 26, 2010 Civil Causes Decided: In re David James (Tex.App.- Houston [1st Dist.] May 26, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00375-CV In re David James Appeal from 281st District Court of Harris County Criminal Causes Decided: May 20, 2010 Civil Causes Decided: Silver Lion, Inc. v. Larsen (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-00370-CV Silver Lion, Inc. v. R. Kent Larsen Appeal from 157th District Court of Harris County Kozak v. Kozak (Tex.App.- Houston [1st Dist.] May 20, 2010)(Radack) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00896-CV UOP LLC v. Shanda Kozak, Individually and as Personal Representative of the Heirs and Estate of Walter Scifres, and Keith Kozak Appeal from 11th District Court of Harris County In re Ronald J. Sanner (Tex.App.- Houston [1st Dist.] May 20, 2010)(Radack) GRANT PETITION FOR WRIT OF HABEAS CORPUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00001-CV In re Ronald J. Sanner Appeal from 308th District Court of Harris County NXCESS Motor Cars, Inc. v. JPMorgan Chase Bank, N.A. (Tex.App.- Houston [1st Dist.] May 20, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00018-CV NXCESS Motor Cars, Inc. v. JPMorgan Chase Bank, N.A. Appeal from Co Civil Ct at Law No 4 of Harris County Shook v. Shook (Tex.App.- Houston [1st Dist.] May 20, 2010)(Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00649-CV Sally Irene Shook v. Gerald Paul Shook Appeal from 308th District Court of Harris County Sandstone Products, Inc. v. Goodrich Corporation & Para-Chem Southern, Inc. (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00839-CV Sandstone Products, Inc. v. Goodrich Corporation & Para-Chem Southern, Inc. Appeal from 127th District Court of Harris County Pulmosan Safety Equipment Corporation v. Terry (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00919-CV Pulmosan Safety Equipment Corporation v. Sammy H. Terry and Annie Terry Appeal from 295th District Court of Harris County Martin v. Martin (Tex.App.- Houston [1st Dist.] May 20, 2010)(Bland) DISMISS APPEAL: Opinion by Justice Bland Before Judge Wilson, Justices Hanks and Bland 01-09-01034-CV Mayuko Martin v. Timothy E. Martin Appeal from 328th District Court of Fort Bend County In re Karen Lassiter Fuller(Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) In re Karen Lassiter Fuller DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00337-CV In re Karen Lassiter Fuller Appeal from 387th District Court of Fort Bend County In re Joseph Koyithara, James Oliyil, Bijo Mathew, and Anis Ibrahim (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00370-CV In re Joseph Koyithara, James Oliyil, Bijo Mathew, and Anis Ibrahim Appeal from 164th District Court of Harris County Criminal Causes Decided: Lee v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-07-01073-CR Derrick Dewaine Lee v. The State of Texas Appeal from 338th District Court of Harris County Erskin v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00866-CR James Erskin v. The State of Texas Appeal from 262nd District Court of Harris County Gavin v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00881-CR Carl Darnell Gavin v. The State of Texas Appeal from 177th District Court of Harris County Stuard v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00006-CR Altruce Dewayne Stuard v. The State of Texas Appeal from 339th District Court of Harris County Stuard v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00007-CR Altruce Dewayne Stuard v. The State of Texas Appeal from 339th District Court of Harris County Martinez v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00562-CR Pedro Martinez, Jr. v. The State of Texas Appeal from 178th District Court of Harris County Calderone v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-09-00703-CR Dana Aaron Calderone v. The State of Texas Appeal from 338th District Court of Harris County In re Albert Jenkins (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00372-CR In re Albert Jenkins Appeal from 263rd District Court of Harris County Wolford v. Texas (Tex.App.- Houston [1st Dist.] May 20, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Hanks, Higley and Massengale 01-10-00377-CR Billy Ray Wolford v. The State of Texas Appeal from 338th District Court of Harris County May 19, 2010 Civil Causes Decided: In re Arnold R. Lopez and Lisa Gil (Tex.App.- Houston [1st Dist.] May 19, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00256-CV In re Arnold R. Lopez and Lisa Gil Appeal from Co Ct at Law No 1 & Probate Ct of Brazoria County Criminal Causes Decided: May 14, 2010 Civil Causes Decided: In re The Valvoline Company (Tex.App.- Houston [1st Dist.] May 14, 2010)(Higley) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-10-00208-CV In re The Valvoline Company, A division of Ashland Inc. Appeal from 11th District Court of Harris County Criminal Causes Decided: May 13, 2010 Civil Causes Decided: Electronic Materials, Inc. v. Albemarle Corporation (Tex.App.- Houston [1st Dist.] May 13, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00770-CV MEMC Electronic Materials, Inc., and MEMC Pasadena, Inc. v. Albemarle Corporation, Lexington Insurance Company, and Travelers Property Casualty Group Appeal from 55th District Court of Harris County Calsaro 10000 Old Katy, Ltd. V. Texas (Tex.App.- Houston [1st Dist.] May 13, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00776-CV Calsaro 10000 Old Katy, Ltd. v. The State of Texas Appeal from Co Civil Ct at Law No 4 of Harris County Stanley Kubovy d/b/a SKI Imports v. Maldonado (Tex.App.- Houston [1st Dist.] May 13, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00083-CV Stanley Kubovy d/b/a SKI Imports v. Carlos Maldonado Appeal from Co Civil Ct at Law No 4 of Harris County Monroe v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] May 13, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Higley 01-09-00101-CV James A. Monroe v. Unifund CCR Partners Appeal from Co Civil Ct at Law No 3 of Harris County Black v. Washington Mutual Bank, Servicing Agent (Tex.App.- Houston [1st Dist.] May 13, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Keyes, Hanks and Higley 01-09-00151-CV Ramona Black v. Washington Mutual Bank, Servicing Agent Appeal from Co Civil Ct at Law No 3 of Harris County AFTCO Enterprises, Inc. v. Acceptance Indemnity Insurance Company (Tex.App.- Houston [1st Dist.] May 13, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00280-CV AFTCO Enterprises, Inc. and ETSI, Inc. v. Acceptance Indemnity Insurance Company, and Southern County Mutual Insurance Company Appeal from 80th District Court of Harris County Azteck International Buisness Corporation v. UPI Communications (Tex.App.- Houston [1st Dist.] May 13, 2010)(Sharp) DISMISS APPEAL: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-00578-CV Azteck International Business Corporation v. UPI Communications Appeal from 295th District Court of Harris County Jordan v. Dossey (Tex.App.- Houston [1st Dist.] May 13, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00618-CV Carrie Jordan v. Jerry and Pamela Dossey Appeal from 387th District Court of Fort Bend County Stroud, M.D. v. Grubb (Tex.App.- Houston [1st Dist.] May 13, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00945-CV Daniel Stroud, M.D. v. Jerry Grubb, Individually and as Representative of the Estate of Lonnie Grubb, Deceased Appeal from 151st District Court of Harris County Gawlikowski v. Sikes (Tex.App.- Houston [1st Dist.] May 13, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00036-CV Daniel Gawlikowski v. Brandi McDonald Sikes Appeal from 247th District Court of Harris County In Re Tomas Gonzalez (Tex.App.- Houston [1st Dist.] May 13, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-10-00360-CV In Re Tomas Gonzalez Appeal from 311th District Court of Harris County Criminal Causes Decided: Czemy v. Texas (Tex.App.- Houston [1st Dist.] May 13, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justice Keyes 01-07-00928-CR Martin Felipe Czerny v. The State of Texas Appeal from 179th District Court of Harris County Ruiz v. Texas (Tex.App.- Houston [1st Dist.] May 13, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00011-CR Johnny Ruiz v. The State of Texas Appeal from 177th District Court of Harris County Herod v. Texas (Tex.App.- Houston [1st Dist.] May 13, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00908-CR Donald Wayne Herod v. The State of Texas Appeal from 339th District Court of Harris County Living v. Texas (Tex.App.- Houston [1st Dist.] May 13, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-09-00446-CR Patrick Jamal Living v. The State of Texas Appeal from 232nd District Court of Harris County May 7, 2010 Civil Causes Decided: In re Multifuels, L.P. (Tex.App.- Houston [1st Dist.] May 7, 2010)(Higley) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-09-00475-CV In re Multifuels, L.P. Appeal from 11th District Court of Harris County Criminal Causes Decided: May 6, 2010 Civil Causes Decided: MasTec North America, Inc. v. El Paso Field Services, L.P. (Tex.App.- Houston [1st Dist.] May 6, 2010)(Higley) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris County MasTec North America, Inc. v. El Paso Field Services, L.P. (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Jennings, Keyes and Higley 01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P. Appeal from 334th District Court of Harris County Mustafa v. Matrut (Tex.App.- Houston [1st Dist.] May 6, 2010)(Hanks) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00985-CV Osman Mustafa, d/b/a Sam's General Trading, Inc. and Shell Rabbit Lube and Shell Rapid Lube v. Karim Matrut Appeal from 334th District Court of Harris County Gripping Eyewear, Inc. v. Dietz (Tex.App.- Houston [1st Dist.] May 6, 2010)(Alcala) 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 Higley 01-09-00034-CV Gripping Eyewear, Inc. v. Dan L. Dietz and Carolyn Dietz Appeal from 295th District Court of Harris County SP Terrace L.P. v. Meritage Homes of Texas LLC (Tex.App.- Houston [1st Dist.] May 6, 2010)(Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00155-CV SP Terrace L.P. and Tyee Management, LLC v. Meritage Homes of Texas LLC Appeal from 165th District Court of Harris County Taylor v. Co. #3 Ashley (Tex.App.- Houston [1st Dist.] May 6, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00207-CV Marcus Taylor v. Co. #3 Ashley, et al Appeal from 3rd District Court of Anderson County New Medical Horizons II, Ltd. V. Jacobson, M.D. (Tex.App.- Houston [1st Dist.] May 6, 2010)(Radack) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00238-CV New Medical Horizons II, Ltd. d/b/a/ Cypress Fairbankss Medical Center v. Robert L. Jacobson, M.D. Appeal from 333rd District Court of Harris County Rosenberg v. Rosenberg (Tex.App.- Houston [1st Dist.] May 6, 2010)(Radack) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-09-00398-CV Gregg M. Rosenberg v. Melissa Rosenberg Appeal from 257th District Court of Harris County Haase v. GIM Resources, Inc. (Tex.App.- Houston [1st Dist.] May 6, 2010)(Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00696-CV Richard Alan Haase v. GIM Resources, Inc., and Mr. Chris Bloch Appeal from 240th District Court of Fort Bend County Stoney v. Gurmatakis (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Hon. Wilson, Justices Jennings and Bland 01-09-00733-CV Vascola Stoney v. Alice Gurmatakis Appeal from 190th District Court of Harris County Anderson v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00923-CV Tammy Anderson v. Department of Family and Protective Services Appeal from 310th District Court of Harris County Baldwin v. Baldwin (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00156-CV Robin Lee Baldwin v. Maria Teresa Baldwin Appeal from 280th District Court of Harris County In re Cypress Texas Lloyds (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Sharp and Massengale 01-10-00170-CV In re Cypress Texas Lloyds Appeal from 268th District Court of Fort Bend County In re Jesus Jay Montalvo (Tex.App.- Houston [1st Dist.] May 6, 2010)(Radack) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-10-00233-CV In re Jesus Jay Montalvo Appeal from 311th District Court of Harris County In re Ralph O. Douglas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Sharp and Massengale 01-10-00301-CV In re Ralph O. Douglas Appeal from 61st District Court of Harris County In re Edgar L. Hull, Jr. (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00353-CV In re Edgar L. Hull, Jr. Appeal from 212th District Court of Galveston County Criminal Causes Decided: Williamson v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-08-00365-CR Laurie Lea Williamson v. The State of Texas Appeal from 184th District Court of Harris County Williamson v. Texas(Tex.App.- Houston [1st Dist.] May 6, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Chief Justice Radack, Justices Alcala and Higley 01-08-00366-CR Laurie Lea Williamson v. The State of Texas Appeal from 184th District Court of Harris County Bates v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Higley 01-08-00580-CR John Wayne Bates v. The State of Texas Appeal from 212th District Court of Galveston County Butler v. Texas(Tex.App.- Houston [1st Dist.] May 6, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00900-CR Alvie Lee Butler, II v. The State of Texas Appeal from 208th District Court of Harris County Anderson v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00108-CR David Francis Anderson v. The State of Texas Appeal from 248th District Court of Harris County Chacon v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) DISMISS APPEAL: Opinion by Justice Jennings Before Justices Jennings, Higley and Sharp 01-09-00130-CR Robert Chacon v. The State of Texas Appeal from 182nd District Court of Harris County Singletary v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00144-CR Charleston Clark Singletary v. The State of Texas Appeal from 337th District Court of Harris County (Tex.App.- Houston [1st Dist.] May 6, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Judge Wilson, Justices Hanks and Bland 01-09-00265-CR Michael Channing Griggs v. The State of Texas Appeal from 185th District Court of Harris County McVay v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00273-CR Harold McVay v. The State of Texas Appeal from 185th District Court of Harris County Sanchez v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00288-CR Ramon Ruiz Sanchez v. The State of Texas Appeal from 351st District Court of Harris County Saldivar v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Hanks) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00336-CR John Anthony Saldivar v. The State of Texas Appeal from 359th District Court of Montgomery County Tellez v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00381-CR Juan Orozco Tellez v. The State of Texas Appeal from 228th District Court of Harris County Vargas v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-09-00796-CR Perla Vargas v. The State of Texas Appeal from 174th District Court of Harris County Ledet v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justice Jennings 01-09-01040-CR Wallace C. Ledet IV v. The State of Texas Appeal from 239th District Court of Brazoria County Olivares v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00083-CR Rogerio Olivares v. The State of Texas Appeal from 230th District Court of Harris County Richardson v. Texas (Tex.App.- Houston [1st Dist.] May 6, 2010)(Per Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00275-CR Terrence Elliott Richardson v. The State of Texas Appeal from 248th District Court of Harris County May 3, 2010 Civil Causes Decided: In re Randall Raimond, Jeff Thornburg, Lynn Halterman, Applied Future Technology Consulting, Inc., and Accounting Financal Tax Consultants, Inc. (Tex.App.- Houston [1st Dist.] May 3, 2010)(Per Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Higley 01-10-00322-CV In re Randall Raimond, Jeff Thornburg, Lynn Halterman, Applied Future Technology Consulting, Inc., and Accounting Financal Tax Consultants, Inc. Appeal from 333rd District Court of Harris County Criminal Causes Decided: |
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