|
July 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: July 1, 2, 7, 8, 12, 14, 15, 16, 20, 21, 22, 23, 26, 28, 29 30, 2010 Released Opinions July 30, 2010 Civil Causes Decided: Ammiel v. Atchison (Tex.App.- Houston [1st Dist.] July 30, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-08-00638-CV Andre Ammiel v. Sherry L. Atchison Appeal from 310th District Court of Harris County Criminal Causes Decided: Litrey Demond Turner v. The State of Texas (Tex.App.- Houston [1st Dist.] July 30, 2010)(Massengale) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-08-00657-CR Litrey Demond Turner v. The State of Texas Appeal from 56th District Court of Galveston County In re Warren Lee Gardiner (Tex.App.- Houston [1st Dist.] July 30, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00358-CR In re Warren Lee Gardiner Appeal from 248th District Court of Harris County July 29, 2010 Civil Causes Decided: Valencia v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 29, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings, Keyes, Alcala, Hanks, Higley, Bland, Sharp and Massengale 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Valencia v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 29, 2010)(Massengale) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Massengale Before Chief Justice Radack, Justices Jennings, Keyes, Alcala, Hanks, Higley, Bland, Sharp and Massengale 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Valencia v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 29, 2010)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings, Keyes, Alcala, Hanks, Higley, Bland, Sharp and Massengale 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Valencia v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 29, 201)(Keyes) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Keyes Before Chief Justice Radack, Justices Jennings, Keyes, Alcala, Hanks, Higley, Bland, Sharp and Massengale 01-08-00345-CV Joe Lewis Valencia v. Department of Family and Protective Services Appeal from 313th District Court of Harris County Turull v. Fergusson (Tex.App.- Houston [1st Dist.] July 29, 2010)(Higley) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-09-00067-CV Pablo and Ruth D. Turull v. William E. Fergusson, Individually and D/B/A Timberoof Company and Timberoof Roof Company. Inc., and Timberoof Roofing Company , Inc., Timberoof Roofing Co., Inc. and TRC Services, Inc., Individually and dba the Roofing Co. Holdings Appeal from 129th District Court of Harris County Reaves v. Lindsay (Tex.App.- Houston [1st Dist.] July 29, 2010)(Higley) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-09-00179-CV William Reaves and Linda Reaves v. Sheldon Lindsay and Wife, Elaine Lindsay Appeal from 155th District Court of Austin County Draper v. American Rice, Inc. (Tex.App.- Houston [1st Dist.] July 29, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00239-CV Tony Draper v. American Rice, Inc. Appeal from 412th Judicial District Court of Brazoria County Allstar National Insurance Agency v. Johnson (Tex.App.- Houston [1st Dist.] July 29, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00322-CV Allstar National Insurance Agency v. Johnicala Johnson, Individually and as Skypot Computer USA, Inc. Appeal from Co Civil Ct at Law No 4 of Harris County Matthews v. Kern (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Higley 01-09-00552-CV Mike Matthews v. Micki Kern Appeal from 300th District Court of Brazoria County Ashford Partners, Ltd. v. ECO Resources, Inc. (Tex.App.- Houston [1st Dist.] July 29, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00809-CV Ashford Partners, Ltd. v. ECO Resources, Inc. Appeal from 400th District Court of Ft. Bend County Westbo v. Metzger (Tex.App.- Houston [1st Dist.] July 29, 2010)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-00952-CV Patricia Westbo v. Mark A. Metzger, Jr. Appeal from 247th District Court of Harris County SignAd, Ltd. v. City of Mont Belvieu and Mont Belvieu Board of Adjustment (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Jennings, Alcala and Massengale 01-09-01095-CV SignAd, Ltd. v. City of Mont Belvieu and Mont Belvieu Board of Adjustment Appeal from 344th District Court of Chambers County Entezari v. Rezanejad (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-01145-CV Mohammad Entezari v. Navid Rezanejad Appeal from Co Civil Ct at Law No 3 of Harris County Metzger v. Jackson, District Clerk of Harris County Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-10-00144-CV Mark A. Metzger v. Loren Jackson, District Clerk of Harris County Texas Appeal from 270th District Court of Harris County Garcia v. Shell Oil Company and Gustavo Pennilla d/b/a Quality Turbo Services (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00148-CV Sherrylenne Garcia v. Shell Oil Company and Gustavo Pennilla d/b/a Quality Turbo Services Appeal from 125th District Court of Harris County Harris County, Texas v. Mussa (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00157-CV Harris County, Texas v. Jesus Kassis Mussa Appeal from Co Civil Ct at Law No 2 of Harris County Miller v. Covington Builders, Ltd. (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00241-CV David Miller, Amy Hadden, RiverOaks Capital Management, Inc., River Oaks Group, and River Oaks East v. Covington Builders, Ltd. Appeal from 125th District Court of Harris County Jackson v. Harwell (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00331-CV Jeffrey Jon Jackson v. Shae Allison Harwell Appeal from 245th District Court of Harris County In re Kristofer Kastner (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00511-CV In re Kristofer Kastner Appeal from 189th District Court of Harris County Criminal Causes Decided: Reginald Belinoski v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Judge Wilson, Justices Alcala and Massengale 01-08-00516-CR Reginald Belinoski v. The State of Texas Appeal from 263rd District Court of Harris County Roy Lee Gusman v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Massengale 01-08-00621-CR Roy Lee Gusman v. The State of Texas Appeal from 176th District Court of Harris County Latonya Monique Riggins v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-08-00693-CR Latonya Monique Riggins v. The State of Texas Appeal from 174th District Court of Harris County Luis Enrique Garcia v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before 01-08-00726-CR Luis Enrique Garcia v. The State of Texas Appeal from 228th District Court of Harris County Hyon Sup Shin v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00767-CR Hyon Sup Shin v. The State of Texas Appeal from 180th District Court of Harris County Sherman Kermit Philips v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00047-CR Sherman Kermit Philips v. The State of Texas Appeal from 262nd District Court of Harris County John Paul Plattenburg v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Hanks) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-09-00078-CR John Paul Plattenburg v. The State of Texas Appeal from 263rd District Court of Harris County Gerald Eugene Williams v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-09-00257-CR Gerald Eugene Williams v. The State of Texas Appeal from 263rd District Court of Harris County Gerald Eugene Williams v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-09-00258-CR Gerald Eugene Williams v. The State of Texas Appeal from 263rd District Court of Harris County Brandon Carey Richardson v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00436-CR Brandon Carey Richardson v. The State of Texas Appeal from 351st District Court of Harris County Gregory Wade Murphy v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-09-01126-CR Gregory Wade Murphy v. The State of Texas Appeal from 212th District Court of Galveston County Trenton Raymon Trotti v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00053-CR Trenton Raymon Trotti v. The State of Texas Appeal from 337th District Court of Harris County David Andrew Simpson v. The State of Texas (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00244-CR David Andrew Simpson v. The State of Texas Appeal from 338th District Court of Harris County In re Robert Jackson (Tex.App.- Houston [1st Dist.] July 29, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00590-CR In re Robert Jackson Appeal from 405th District Court of Galveston County July 28, 2010 Civil Causes Decided: Criminal Causes Decided: In re Rodney D. Gowans, Sr. (Tex.App.- Houston [1st Dist.] July 28, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00497-CR In re Rodney D. Gowans, Sr. Appeal from 12th District Court of Grimes County In re Tacuma Shareef (Tex.App.- Houston [1st Dist.] July 28, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00162-CR In re Tacuma Shareef Appeal from 174th District Court of Harris County Duane L. Barkley (Tex.App.- Houston [1st Dist.] July 28, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Alcala, Bland and Massengale 01-10-00595-CR Duane L. Barkley Appeal from 339th District Court of Harris County July 26, 2010 Civil Causes Decided: Herrin v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 26, 2010)(Curiam) WITHDRAW THIS COURT'S OPINION: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00960-CV Dawn Herrin and Oscar T. Herrin v. Department of Family and Protective Services Appeal from 315th District Court of Harris County Criminal Causes Decided: July 23, 2010 Civil Causes Decided: In re KMT Building Company and Douglas Joslyn, Individually (Tex.App.- Houston [1st Dist.] July 23, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Keyes and Massengale 01-10-00594-CV In re KMT Building Company and Douglas Joslyn, Individually Appeal from 157th District Court of Harris County Criminal Causes Decided: July 22, 2010 Civil Causes Decided: Todd Esse, Brent Esse 5E Oil and Gas Corporation v. Empire Energy, III, LTD., Kenneth Havis, Trustee in Liquidation for Westgate Energy Partners, Inc., and BP America Production Company (Tex.App.- Houston [1st Dist.] July 22, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Judge Wilson, Justices Keyes and Higley 01-08-00854-CV Todd Esse, Brent Esse 5E Oil and Gas Corporation v. Empire Energy, III, LTD., Kenneth Havis, Trustee in Liquidation for Westgate Energy Partners, Inc., and BP America Production Company Appeal from 234th District Court of Harris County Richards v. Transocean, Inc. (Tex.App.- Houston [1st Dist.] July 22, 2010)(PROCEEDINGS:) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Before 01-08-00923-CV Mark Richards, William Hetherington, Sean McAuley, Michael Narin, Boris Stojanovic, and Ian Ward v. Transocean, Inc. Appeal from 10th District Court of Galveston County Cristobal v. Allen (Tex.App.- Houston [1st Dist.] July 22, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00126-CV Anna Liza N. Cristobal v. Frederick Scott Allen Appeal from Co Civil Ct at Law No 3 of Harris County Bilinsco Inc. and Linda Boyd v. Harris County Appraisal Review Board and Harris County Appraisal District (Tex.App.- Houston [1st Dist.] July 22, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00877-CV Bilinsco Inc. and Linda Boyd v. Harris County Appraisal Review Board and Harris County Appraisal District Appeal from 113th District Court of Harris County Houston Independent School District v. Morris (Tex.App.- Houston [1st Dist.] July 22, 2010)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-10-00043-CV Houston Independent School District, City of Houston, Harris County, Harris County Education Department, Port of Houston of Harris County Authority, Harris County Flood Control District, Harris County Hospital District, and Houston Community College Syste v. Ned B. Morris III and Perry Homes, LLC Appeal from 151st District Court of Harris County Wimberly v. Wimberly (Tex.App.- Houston [1st Dist.] July 22, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00444-CV Richard Brooks Wimberly v. Terry Jayne Commack Wimberly Appeal from 311th District Court of Harris County Criminal Causes Decided: Kassi Satrece Donahoe v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-07-00862-CR Kassi Satrece Donahoe v. The State of Texas Appeal from 278th District Court of Grimes County Blemy Pierre v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00073-CR Blemy Pierre v. The State of Texas Appeal from 185th District Court of Harris County Kenneth Ray Green v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00253-CR Kenneth Ray Green v. The State of Texas Appeal from 209th District Court of Harris County Najia Omar Mohamad v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Judge Wilson, Justices Jennings and Alcala 01-09-00383-CR Najia Omar Mohamad v. The State of Texas Appeal from 174th District Court of Harris County James Ollie Meadows v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Judge Wilson, Justices Alcala and Massengale 01-09-00443-CR James Ollie Meadows v. The State of Texas Appeal from 184th District Court of Harris County James Ollie Meadows v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Judge Wilson, Justices Alcala and Massengale 01-09-00444-CR James Ollie Meadows v. The State of Texas Appeal from 184th District Court of Harris County Robert Alan Harleston, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00481-CR Robert Alan Harleston, Jr. v. The State of Texas Appeal from 176th District Court of Harris County Michael Wayne Allen v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00667-CR Michael Wayne Allen v. The State of Texas Appeal from 178th District Court of Harris County Rodolfo Flores v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00849-CR Rodolfo Flores v. The State of Texas Appeal from 174th District Court of Harris County Gerald Dwayne Woods v. The State of Texas (Tex.App.- Houston [1st Dist.] July 22, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-09-00892-CR Gerald Dwayne Woods v. The State of Texas Appeal from 182nd District Court of Harris County July 21, 2010 Civil Causes Decided: In re The McGraw-Hill Cos., Inc., (Tex.App.- Houston [1st Dist.] July 21, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00338-CV In re The McGraw-Hill Cos., Inc., Appeal from 190th District Court of Harris County Criminal Causes Decided: In re Wayne Wright (Tex.App.- Houston [1st Dist.] July 21, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00588-CR In re Wayne Wright Appeal from 212th District Court of Galveston County July 20, 2010 Civil Causes Decided: In re GT Venture Management, AG and Sacha H. Spindler (Tex.App.- Houston [1st Dist.] July 20, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00373-CV In re GT Venture Management, AG and Sacha H. Spindler Appeal from 113th District Court of Harris County Criminal Causes Decided: In re Dennis Gaskin (Tex.App.- Houston [1st Dist.] July 20, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00401-CR In re Dennis Gaskin Appeal from 176th District Court of Harris County July 16, 2010 Civil Causes Decided: Criminal Causes Decided: Zhang Chengfen v. The State of Texas (Tex.App.- Houston [1st Dist.] July 16, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00483-CR Zhang Chengfen v. The State of Texas Appeal from Co Crim Ct at Law No 14 of Harris County July 15, 2010 Civil Causes Decided: Simien v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] July 15, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00593-CV Michelle D. Simien v. Unifund CCR Partners Appeal from Co Civil Ct at Law No 4 of Harris County Slyke v. Teel Holding, LLC (Tex.App.- Houston [1st Dist.] July 15, 2010)(Jennings) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00600-CV Kenneth Van Slyke and Patricia Van Slyke v. Teel Holding, LLC Appeal from 80th District Court of Harris County Samuel v. Wal-Mart Stores, Inc. (Tex.App.- Houston [1st Dist.] July 15, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-08-00702-CV Trula Montgomery Samuel v. Wal-Mart Stores, Inc. Appeal from 129th District Court of Harris County Petroleum Analyzer Company, L.P. v. Olstowski (Tex.App.- Houston [1st Dist.] July 15, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-09-00076-CV Petroleum Analyzer Company, L.P. v. Franek Olstowski, Individually and DBA Atomic Analytical Consulting Services and Atom Instrument Corporation Appeal from 269th District Court of Harris County Celestine v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] July 15, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00693-CV Priscilla Celestine v. Department of Family and Protective Services Appeal from 313th District Court of Harris County CHCA Clear Lake, L.P.v. Simmons (Tex.App.- Houston [1st Dist.] July 15, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00704-CV CHCA Clear Lake, L.P., CHCA Clear Lake, L.P. d/b/a Clear Lake Regional Medical Center, Inc. and Clear Lake Regional Medical Center v. James A. Simmons , Jr. as Representative and Independent Executor of the Estate of James A. Simmons Sr., as wrongful death beneficiary of James A. Simmons Sr,. Representative of all other wrongful death beneficiaries of James A. Simmons, Sr., and as heir Appeal from 234th District Court of Harris County In the interest of R.M.B (Tex.App.- Houston [1st Dist.] July 15, 2010)(Alcala) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-09-00710-CV In the interest of R.M.B Appeal from 253rd District Court of Chambers County Criminal Causes Decided: Timothy James Anglin v. The State of Texas (Tex.App.- Houston [1st Dist.] July 15, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Judge Wilson, Justices Alcala and Massengale 01-09-00044-CR Timothy James Anglin v. The State of Texas Appeal from 240th District Court of Fort Bend County Randy Thomas McGhee v. The State of Texas (Tex.App.- Houston [1st Dist.] July 15, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00147-CR Randy Thomas McGhee v. The State of Texas Appeal from 300th District Court of Brazoria County Arthur James Thomas, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] July 15, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Judge Wilson, Justices Alcala and Massengale 01-09-00268-CR Arthur James Thomas, Jr. v. The State of Texas Appeal from 208th District Court of Harris County Christopher Eric Cordaway v. The State of Texas (Tex.App.- Houston [1st Dist.] July 15, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-09-01046-CR Christopher Eric Cordaway v. The State of Texas Appeal from 179th District Court of Harris County Ramiro Buentello v. The State of Texas (Tex.App.- Houston [1st Dist.] July 15, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-10-00206-CR Ramiro Buentello v. The State of Texas Appeal from 174th District Court of Harris County July 14, 2010 Civil Causes Decided: In re Teresa Stephens (Tex.App.- Houston [1st Dist.] July 14, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Alcala and Hanks 01-09-00699-CV In re Teresa Stephens Appeal from 280th District Court of Harris County Criminal Causes Decided: July 12, 2010 Civil Causes Decided: In re Howard K. Stern (Tex.App.- Houston [1st Dist.] July 12, 2010)(MANDAMUS:) GRANT PETITION FOR WRIT OF MANDAMUS: Before 01-09-00438-CV In re Howard K. Stern Appeal from 280th District Court of Harris County Criminal Causes Decided: July 8, 2010 Civil Causes Decided: John Gannon Inc. v. Wiggins (Tex.App.- Houston [1st Dist.] July 8, 2010)(Jennings) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00994-CV John Gannon Inc. v. Matthew D. Wiggins Appeal from 212th District Court of Galveston County Giselle Borbon formerly Rodriguez and her Attorney of Record Carlos A. Peniche v. Rodriguez (Tex.App.- Houston [1st Dist.] July 8, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-00450-CV Giselle Borbon formerly Rodriguez and her Attorney of Record Carlos A. Peniche v. Samuel Rodriguez Appeal from 247th District Court of Harris County Gaytan v. Terry (Tex.App.- Houston [1st Dist.] July 8, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-00818-CV Alfredo Gaytan v. Kathy Ann Terry, Jo Michele Downing Appeal from Probate Court No 1 of Harris County Kershner v. Jimmy Dyer and Brenda Dyer d/b/a BJ Enterprises (Tex.App.- Houston [1st Dist.] July 8, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-01002-CV Melanie Kershner v. Jimmy Dyer and Brenda Dyer d/b/a BJ Enterprises Appeal from Co Civil Ct at Law No 4 of Harris County Brown v. Office of the Attorney General, Crime Victim Services Division (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-10-00008-CV Nakia Brown v. Office of the Attorney General, Crime Victim Services Division Appeal from 334th District Court of Harris County House v. House (Tex.App.- Houston [1st Dist.] July 8, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00299-CV Stephanie Parker House v. Lester Travis House, Jr. Appeal from 257th District Court of Harris County In re Marcela Halmagean (Tex.App.- Houston [1st Dist.] July 8, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Sharp and Massengale 01-10-00540-CV In re Marcela Halmagean Appeal from 311th District Court of Harris County Criminal Causes Decided: Joey Sula v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Massengale) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00013-CR Joey Sula v. The State of Texas Appeal from 400th District Court of Ft. Bend County Joey Sula v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Massengale) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00014-CR Joey Sula v. The State of Texas Appeal from 400th District Court of Ft. Bend County Joey Sula v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Massengale) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00014-CR Joey Sula v. The State of Texas Appeal from 400th District Court of Ft. Bend County Dante Bernard Jackson v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00070-CR Dante Bernard Jackson v. The State of Texas Appeal from 184th District Court of Harris County James Odell Mayes, Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00118-CR James Odell Mayes, Jr. v. The State of Texas Appeal from 185th District Court of Harris County Gregory Smith v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00194-CR Gregory Smith v. The State of Texas Appeal from 351st District Court of Harris County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00826-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00827-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00828-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00829-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00830-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00831-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00832-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County Donald Ray Eubanks v. The State of Texas (Tex.App.- Houston [1st Dist.] July 8, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00833-CR Donald Ray Eubanks v. The State of Texas Appeal from 405th District Court of Galveston County July 7, 2010 Civil Causes Decided: Criminal Causes Decided: Villarreal v. The State of Texas (Tex.App.- Houston [1st Dist.] July 7, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-05-01142-CR Bobby Villarreal v. The State of Texas Appeal from 263rd District Court of Harris County In re Artis Charles Harrell (Tex.App.- Houston [1st Dist.] July 7, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00493-CV In re Artis Charles Harrell Appeal from 189th District Court of Harris County July 2, 2010 Civil Causes Decided: In re Multifuels, L.P. (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Per Curiam Before Justices Jennings, Higley and Sharp 01-09-00475-CV In re Multifuels, L.P. Appeal from 11th District Court of Harris County In re Barbara Leanne Richardson (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Massengale 01-10-00469-CV In re Barbara Leanne Richardson Appeal from 309th District Court of Harris County In re Barbara Leanne Richardson (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Alcala and Massengale 01-10-00470-CV In re Barbara Leanne Richardson Appeal from 309th District Court of Harris County In Re Edgar L. Hull, Jr (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00496-CV In Re Edgar L. Hull, Jr Appeal from 212th District Court of Galveston County Criminal Causes Decided: In re Robert Lowery (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-01011-CR In re Robert Lowery Appeal from 182nd District Court of Harris County In re Robert Lee Smith (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00030-CR In re Robert Lee Smith Appeal from 184th District Court of Harris County In re Robert Lee Smith (Tex.App.- Houston [1st Dist.] July 2, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Hanks and Bland 01-10-00031-CR In re Robert Lee Smith Appeal from 184th District Court of Harris County July 1, 2010 Civil Causes Decided: Gulley v. Davis (Tex.App.- Houston [1st Dist.] July 1, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-08-00572-CV Joe B. Gulley, Jr. and Imelda Gulley v. Wirt Davis, II, Individually, et al Appeal from 411th District Court of Polk County Mariner Health Care of Nashville, Inc. d/b/a Mariner Health of Southwest Houston v. Robins (Tex.App.- Houston [1st Dist.] July 1, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00830-CV Mariner Health Care of Nashville, Inc. d/b/a Mariner Health of Southwest Houston v. Gladys Robins, Individually and on Behalf of the Estate of Betty Battle, Deceased Appeal from 61st District Court of Harris County Yazdchi v. Unauthorized Practice of Law Committee (Tex.App.- Houston [1st Dist.] July 1, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-09-00065-CV Ali Yazdchi v. Unauthorized Practice of Law Committee Appeal from 165th District Court of Harris County In re Art Harris (Tex.App.- Houston [1st Dist.] July 1, 2010)(Keyes) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-09-00771-CV In re Art Harris Appeal from 280th District Court of Harris County Burlington Resources Oil & Gas Company LP v. San Juan Basin Royalty Trust (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Keyes and Sharp 01-09-00879-CV Burlington Resources Oil & Gas Company LP v. San Juan Basin Royalty Trust Appeal from 281st District Court of Harris County Harper v. Mac Haik Ford Ltd. (Tex.App.- Houston [1st Dist.] July 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-01144-CV Elizabeth Harper v. Mac Haik Ford Ltd. Appeal from Co Civil Ct at Law No 4 of Harris County In re G M Oil Properties, Inc.; Gary Moores; and Bill Wood (Tex.App.- Houston [1st Dist.] July 1, 2010)(Higley) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-10-00001-CV In re G M Oil Properties, Inc.; Gary Moores; and Bill Wood Appeal from 133rd District Court of Harris County Harris County Sheriff's Office Sergeant Johnny Gonzales and Harris County Sheriff's Office Deputy Robert Miller, v. Kelley (Tex.App.- Houston [1st Dist.] July 1, 2010)(Higley) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-10-00109-CV Harris County Sheriff's Office Sergeant Johnny Gonzales and Harris County Sheriff's Office Deputy Robert Miller, v. Pearline Kelley, Individually and as Representative of the Estate of Daryl Dwayne Kelley, deceased Appeal from 334th District Court of Harris County Dunn v. Weingarten Realty Investors (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00190-CV Cyndi Dunn v. Weingarten Realty Investors Appeal from 190th District Court of Harris County Diversified Investments, Inc. v. Munawar (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00269-CV Diversified Investments, Inc. and Gerald Porter v. Munir A. Munawar Appeal from 412th Judicial District Court of Brazoria County In re Rufus F. Banks (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00448-CV In re Rufus F. Banks Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: Donald D. Barker v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-09-00225-CR Donald D. Barker v. The State of Texas Appeal from 159th District Court of Angelina County Norman Ray Baynes v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00303-CR Norman Ray Baynes v. The State of Texas Appeal from 178th District Court of Harris County Norman Ray Baynes v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Sharp) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-09-00303-CR Norman Ray Baynes v. The State of Texas Appeal from 178th District Court of Harris County Brandon Darrell Wilson v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-09-00339-CR Brandon Darrell Wilson v. The State of Texas Appeal from 260th District Court of Orange County Chelce White v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00348-CR Chelce White v. The State of Texas Appeal from 149th District Court of Brazoria County John Ricky Carter v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-01069-CR John Ricky Carter v. The State of Texas Appeal from 10th District Court of Galveston County Darius Elam v. The State of Texas (Tex.App.- Houston [1st Dist.] July 1, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-10-00097-CR Darius Elam v. The State of Texas Appeal from 23rd District Court of Brazoria County In re Cecil Walter Max George (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00324-CR In re Cecil Walter Max George Appeal from 232nd District Court of Harris County In re Cecil Walter Max George (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00326-CR In re Cecil Walter Max George Appeal from 232nd District Court of Harris County In re Cecil Walter Max George (Tex.App.- Houston [1st Dist.] July 1, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00327-CR In re Cecil Walter Max George Appeal from 232nd District Court of Harris County |
|