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August 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: August 3, 4, 5, 11, 12, 19, 20, 25, 26 27, 30, 31, 2010 Released Opinions August 31, 2010 Civil Causes Decided: Vanessa Sinegaure v. Bally Total Fitness Corporation (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-05-01070-CV Vanessa Sinegaure, Individually and as Representative of the Estate of Darnell Sinegaure, Deceased; Virginia Sineguare; Darnell Jones; and Harold Moore v. Bally Total Fitness Corporation Appeal from 334th District Court of Harris County Ralph O. Douglas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00542-CV Ralph O. Douglas Appeal from 127th District Court of Harris County Ralph O. Douglas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) OPINION CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT: Concurring and Dissenting Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-08-00542-CV Ralph O. Douglas Appeal from 127th District Court of Harris County Kimmons v. Hirsch (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-08-00646-CV Gary Kimmons and Kathryn Kimmons v. Susan Hirsch, Individually and as Executrix of the Estate of Jay D. Hirsch, Deceased Appeal from 157th District Court of Harris County Office of the Attorney General of Texas v. Crawford (Tex.App.- Houston [1st Dist.] August 31, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-08-00681-CV Office of the Attorney General of Texas v. David S. Crawford Appeal from 311th District Court of Harris County Martinez v. Neace (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-08-00731-CV Bernabe Martinez v. Tammy Neace and Office of the Attorney General of Texas Appeal from 308th District Court of Harris County Scarbrough v. The Metropolitan Transit Authority of Harris County (Tex.App.- Houston [1st Dist.] August 31, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00792-CV Daphne Scarbrough v. The Metropolitan Transit Authority of Harris County Appeal from 215th District Court of Harris County Swonke v. Swonke (Tex.App.- Houston [1st Dist.] August 31, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-00059-CV Thomas E. Swonke v. Patrick L. Swonke Appeal from 280th District Court of Harris County Head v. Deutsche Bank National Trust Company (Tex.App.- Houston [1st Dist.] August 31, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Judge Wilson, Justices Alcala and Massengale 01-09-00278-CV Phillip Head and Rena Head v. Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2003 Appeal from 212th District Court of Galveston County Darmadi, M.D. v. Harshman (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00307-CV Daniel Darmadi, M.D. v. Gene Harshman Appeal from 133rd District Court of Harris County TTHR, L.P. v. Guyden (Tex.App.- Houston [1st Dist.]August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Jennings, Higley and Sharp 01-09-00523-CV TTHR, L.P., d/b/a Presbyterian Hospital of Denton v. Normell W. Guyden, Individually and as Heir to the Estate of Natalie J. Guyden, Deceased Appeal from 113th District Court of Harris County Intervenor Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc. (Tex.App.- Houston [1st Dist.] August 31, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Massengale 01-09-01024-CV Intervenor Rimkus Consulting Group, Inc. v. Concierge Care Nursing Centers, Inc.; Houston Concierge Care, L.P.; Key Equipment Finance, Inc. f/k/a Key Corporation Capital, Inc.; Maureen Gaughan, Chapter 7 Bankruptcy Trustee of Robert A. Russell; Bay 4 Capital Partners, Inc.; Claire and Brook Strom; Appeal from 151st District Court of Harris County In re Mary Lynn Mabray (Tex.App.- Houston [1st Dist.] August 31, 2010)(Higley) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley Before Justices Keyes, Hanks and Higley 01-09-01099-CV In re Mary Lynn Mabray Appeal from 311th District Court of Harris County In re Mary Lynn Mabray (Tex.App.- Houston [1st Dist.] August 31, 2010)(Keyes) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-01099-CV In re Mary Lynn Mabray Appeal from 311th District Court of Harris County Wachovia Bank, N.A. v. Bridge Investments, LP (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-01137-CV Wachovia Bank, N.A. v. Bridge Investments, LP Appeal from 151st District Court of Harris County Sibley v. Eckhardt (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-09-01142-CV Adriene L. Sibley v. Julia Victoria Eckhardt Appeal from 55th District Court of Harris County Dixon Financial Services, Ltd. v. Knollenberg (Tex.App.- Houston [1st Dist.] August 31, 2010)(Higley) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Keyes and Higley 01-10-00033-CV Dixon Financial Services, Ltd. and Hyperdynamics Corporation v. Bill Knollenberg and Erin Oil Exploration, Inc. Appeal from 215th District Court of Harris County Dixon Financial Services, Ltd. v. Knollenberg (Tex.App.- Houston [1st Dist.] August 31, 2010)(Keyes) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Jennings, Keyes and Higley 01-10-00033-CV Dixon Financial Services, Ltd. and Hyperdynamics Corporation v. Bill Knollenberg and Erin Oil Exploration, Inc. Appeal from 215th District Court of Harris County Hilow v. Faulk (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00192-CV Phillip Hilow v. Lloyd Faulk and Robert Perez Appeal from Co Civil Ct at Law No 4 of Harris County Bob Karim & Associates, L.P. v. American First National Bank (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00239-CV Bob Karim & Associates, L.P. v. American First National Bank Appeal from 157th District Court of Harris County In re Church Mutual Insurance Company (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00452-CV In re Church Mutual Insurance Company Appeal from 55th District Court of Harris County Spring Independent School District v. Houston TPA, Ltd. (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00527-CV Spring Independent School District v. Houston TPA, Ltd. Appeal from 281st District Court of Harris County Criminal Causes Decided: Irrun Christopher Jones v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-08-00531-CR Irrun Christopher Jones v. The State of Texas Appeal from 179th District Court of Harris County Shanell Monique Mosley v. The State of Texas (Tex.App.- Houston [1st Dist.]August 31, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-08-00937-CR Shanell Monique Mosley v. The State of Texas Appeal from 248th District Court of Harris County Shanell Monique Mosley v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-08-00938-CR Shanell Monique Mosley v. The State of Texas Appeal from 248th District Court of Harris County Zalandtrice Lewis v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-00530-CR Zalandtrice Lewis v. The State of Texas Appeal from 178th District Court of Harris County Zalandtrice Lewis v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Justices Keyes, Sharp and Massengale 01-09-00531-CR Zalandtrice Lewis v. The State of Texas Appeal from 178th District Court of Harris County Robert Leon Stewart v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Alcala, Bland and Massengale 01-09-00895-CR Robert Leon Stewart v. The State of Texas Appeal from 184th District Court of Harris County Joseph Manuel Uresti v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Sharp) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Bland and Sharp 01-09-00977-CR Joseph Manuel Uresti v. The State of Texas Appeal from 351st District Court of Harris County Gregory A. Woodfork v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00354-CR Gregory A. Woodfork v. The State of Texas Appeal from 177th District Court of Harris County Gregory A. Woodfork v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00355-CR Gregory A. Woodfork v. The State of Texas Appeal from 177th District Court of Harris County George Andrew Motilla v. The State of Texas (Tex.App.- Houston [1st Dist.] August 31, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00427-CR George Andrew Motilla v. The State of Texas Appeal from 262nd District Court of Harris County August 30, 2010 Civil Causes Decided: Friedman v. Steeplechase Park Owners Association, Inc. (Tex.App.- Houston [1st Dist.] August 30, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Alcala and Higley 01-09-00775-CV Stephen J. Friedman, Trustee of the Stephen J. Friedman Family Trust; Saul Friedman, Trustee of the Saul Friedman Family Trust; Elaine Friedman; Stephen J. Friedman; Stephen J. Friedman, Trustee of the Stephen J. Friedman Family Trust Dated May 10, 1998. v. Steeplechase Park Owners Association, Inc. Appeal from 270th District Court of Harris County In re Hunt Realty Investments, INC. (Tex.App.- Houston [1st Dist.] August 30, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Higley, Sharp and Massengale 01-10-00323-CV In re Hunt Realty Investments, INC., Appeal from 165th District Court of Harris County In re WCLLC, L.P. (Tex.App.- Houston [1st Dist.] August 30, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00573-CV In re WCLLC, L.P. Appeal from 190th District Court of Harris County Criminal Causes Decided: August 27, 2010 Civil Causes Decided: In re Valencia Capital Management (Tex.App.- Houston [1st Dist.] August 27, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Higley, Sharp and Massengale 01-10-00325-CV In re Valencia Capital Management Appeal from 165th District Court of Harris County Texas Windstorm Insurance Association v. USAM I Fund LLC (Tex.App.- Houston [1st Dist.] August 27, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00644-CV Texas Windstorm Insurance Association v. USAM I Fund LLC Appeal from 10th District Court of Galveston County Criminal Causes Decided: August 26, 2010 Civil Causes Decided: White Lion Holdings, L.L.C. v. Sharon Tube Corporation D/B/A Sharon Tube Co. (Tex.App.- Houston [1st Dist.] August 26, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00102-CV White Lion Holdings, L.L.C. v. Sharon Tube Corporation D/B/A Sharon Tube Co., A & M Rigging, Inc. and Dixie Cullen Interest, Inc. Appeal from 268th District Court of Fort Bend County Quarterman v. Hampton (Tex.App.- Houston [1st Dist.] August 26, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-09-01061-CV Nathaniel Quarterman, Steve Massie, David Turrubiarte, Julia Humphrey, and Juan Jackson v. Robert Hampton Appeal from 412th Judicial District Court of Brazoria County 222 N. 16th Street, L.P. v. Goff (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00014-CV 222 N. 16th Street, L.P., 222 N. 16th Street G.P., LLC, Frank Fulco and Don Eastveld v. Richard Goff Appeal from Co Civil Ct at Law No 1 of Harris County In re Gerald Allen Perry (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00468-CV In re Gerald Allen Perry Appeal from 151st District Court of Harris County In re Joy Bryant (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-10-00678-CV In re Joy Bryant Appeal from Probate Court No 2 of Harris County In re Joy Bryant (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Keyes and Higley 01-10-00699-CV In re Joy Bryant Appeal from Probate Court No 2 of Harris County Criminal Causes Decided: Kendrick Levell Tyler v. The State of Texas (Tex.App.- Houston [1st Dist.] August 26, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-08-00185-CR Kendrick Levell Tyler v. The State of Texas Appeal from 400th District Court of Ft. Bend County Jeremy Thomas Bolar v. The State of Texas (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00329-CR Jeremy Thomas Bolar v. The State of Texas Appeal from 252nd District Court of Jefferson County Adrian Thomas v. The State of Texas (Tex.App.- Houston [1st Dist.] August 26, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-09-01076-CR Adrian Thomas v. The State of Texas Appeal from 263rd District Court of Harris County Kendrick Levell Tyler v. The State of Texas (Tex.App.- Houston [1st Dist.] August 26, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Massengale 01-10-00417-CR Kendrick Levell Tyler v. The State of Texas Appeal from 400th District Court of Ft. Bend County In re Joe Louis Champion (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00665-CR In re Joe Louis Champion Appeal from 185th District Court of Harris County In re Artist Antonio West (Tex.App.- Houston [1st Dist.] August 26, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00676-CR In re Artist Antonio West Appeal from 262nd District Court of Harris County August 25, 2010 Civil Causes Decided: In re Howard K. Stern (Tex.App.- Houston [1st Dist.] August 25, 2010)(Keyes) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-09-00438-CV In re Howard K. Stern Appeal from 280th District Court of Harris County Criminal Causes Decided: August 20, 2010 Civil Causes Decided: In re Jeremy Hill, Jobadiah Hill, Jamie Hill and Barabara Graham (Tex.App.- Houston [1st Dist.] August 20, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00637-CV In re Jeremy Hill, Jobadiah Hill, Jamie Hill and Barabara Graham Appeal from 434th District Court of Fort Bend County Criminal Causes Decided: August 19, 2010 Civil Causes Decided: Aspenwood Apt. Corporation v. Coinmach, Inc. f/k/a Solon Automated Services, Inc. (Tex.App.- Houston [1st Dist.] August 19, 2010)(Keyes) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00636-CV Aspenwood Apt. Corporation v. Coinmach, Inc. f/k/a Solon Automated Services, Inc. Appeal from 125th District Court of Harris County CSFB 1998-P1 Buffalo Speedway Office, et al. v. Amtech Elevator Services, Co. (Tex.App.- Houston [1st Dist.] August 19, 2010)(Keyes) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Keyes Before Justices Keyes, Sharp and Massengale 01-08-00639-CV CSFB 1998-P1 Buffalo Speedway Office, et al. v. Amtech Elevator Services, Co. Appeal from 270th District Court of Harris County CSFB 1998-P1 Buffalo Speedway Office, et al. v. Amtech Elevator Services, Co. (Tex.App.- Houston [1st Dist.] August 19, 2010)(Massengale) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00639-CV CSFB 1998-P1 Buffalo Speedway Office, et al. v. Amtech Elevator Services, Co. Appeal from 270th District Court of Harris County Tsai v. Su (Tex.App.- Houston [1st Dist.] August 19, 2010)(Bland) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland Before Chief Justice Radack, Justices Hanks and Bland 01-09-00096-CV Pu Chang Tsai v. Han Kuei Su and Sun Cha Su Appeal from 129th District Court of Harris County Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] August 19, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00291-CV Michael Whitmire and Sureties R.O. Whitmire and Elsi O. Whitmire v. Greenridge Place Apartments Appeal from County Civil Court at Law No 4 of Harris County Huff v. Hirsch (Tex.App.- Houston [1st Dist.] August 19, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00517-CV Doris Ann Huff v. Michael Hirsch Appeal from 164th District Court of Harris County Enterprise Products Partners, L.P. v. Mitchell (Tex.App.- Houston [1st Dist.] August 19, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Chief Justice Radack, Justices Keyes and Higley 01-09-00653-CV Enterprise Products Partners, L.P., and Dixie Pipelene Company v. Catherine Mitchell, Individually, as Administratrix to the Estate of Mattie L. Mitchell, Deceased, and as Administratrix to the Estate of Nacquandrea Mitchell, Deceased O'Neal Pacley, Linda Mitchell, Johnny Jones, Carolyn Pacley, Samida Mitchell, Frank Pa Appeal from 55th District Court of Harris County Haase v. GIM Resources, Inc., and Mr. Chris Bloch (Tex.App.- Houston [1st Dist.] August 19, 2010)(Bland) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, 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 Coastal Carolina Clean Power, L.L.C. v. MSC Controls and Intergration, Inc. (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00912-CV Coastal Carolina Clean Power, L.L.C. v. MSC Controls and Intergration, Inc. Appeal from 280th District Court of Harris County Quantlab Financial, LLC v. NJF Search International, Ltd., and NJF Contracts, LTD., and Rob Colborne (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Keyes and Hanks 01-09-00989-CV Quantlab Financial, LLC v. NJF Search International, Ltd., and NJF Contracts, LTD., and Rob Colborne Appeal from 61st District Court of Harris County CES Environmental Services Inc. v. Sean Easton (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00108-CV CES Environmental Services Inc. v. Sean Easton Appeal from 80th District Court of Harris County In re Allen Roy Miller (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00591-CV In re Allen Roy Miller Appeal from 80th District Court of Harris County Criminal Causes Decided: Paul Lamont Merritt v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-08-00388-CR Paul Lamont Merritt v. The State of Texas Appeal from Co Ct at Law No 4 & Probate of Brazoria County Billy Joe Raibon v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00208-CR Billy Joe Raibon v. The State of Texas Appeal from 241st District Court of Smith County Loyde D. Waggoner v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00215-CR Loyde D. Waggoner v. The State of Texas Appeal from 217th District Court of Angelina County Jimmy Griffin v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00610-CR Jimmy Griffin v. The State of Texas Appeal from 208th District Court of Harris County Mark Mares v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Judge Wilson, Justices Hanks and Bland 01-09-00792-CR Mark Mares v. The State of Texas Appeal from 174th District Court of Harris County Loyde D. Waggoner v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-10-00196-CR Loyde D. Waggoner v. The State of Texas Appeal from 217th District Court of Angelina County Margarita Disla v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00316-CR Margarita Disla v. The State of Texas Appeal from 337th District Court of Harris County Jason T. Pegues v. The State of Texas (Tex.App.- Houston [1st Dist.] August 19, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00535-CR Jason T. Pegues v. The State of Texas Appeal from 240th District Court of Fort Bend County August 12, 2010 Civil Causes Decided: Hudson v. City of Houston (Tex.App.- Houston [1st Dist.] August 12, 2010)(Higley) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-07-00939-CV Shawn Hudson, by Assignment from Gilda Faye Green v. City of Houston Appeal from 165th District Court of Harris County Lewis v. Perales (Tex.App.- Houston [1st Dist.] August 12, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00140-CV Allen and Martha Lewis Revocable Trust and Martha Lewis, Individually v. Daniel Perales and Erin Perales Appeal from 55th District Court of Harris County Mosley v. John Doe Prison Guard #1 et al (Tex.App.- Houston [1st Dist.] August 12, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00214-CV Marion R. Mosley v. John Doe Prison Guard #1 and John Doe Prison Guard #2 of the Coffield Unit Appeal from 369th District Court of Anderson County Poledore v. Fraley (Tex.App.- Houston [1st Dist.] August 12, 2010)(JUDGMENT:) AFFIRM TC JUDGMENT: Before 01-09-00658-CV Dennis James Poledore, Jr. v. Frank Jerome Fraley Appeal from 268th District Court of Fort Bend County Criminal Causes Decided: Joshua Craige Lehman v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Sharp and Massengale 01-07-00557-CR Joshua Craige Lehman v. The State of Texas Appeal from 405th District Court of Galveston County Martin Felipe Czerny v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-07-01120-CR Martin Felipe Czerny v. The State of Texas Appeal from 179th District Court of Harris County Lauren Olivia Compian v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Keyes, Hanks and Higley 01-08-00034-CR Lauren Olivia Compian v. The State of Texas Appeal from Co Crim Ct at Law No 13 of Harris County Charles Ray Chew v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Massengale) DISMISS APPEAL: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00698-CR Charles Ray Chew v. The State of Texas Appeal from 262nd District Court of Harris County Marco Antonio Sanchez v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-08-00704-CR Marco Antonio Sanchez v. The State of Texas Appeal from 182nd District Court of Harris County Daniel Moses Scope v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-08-00824-CR Daniel Moses Scope v. The State of Texas Appeal from 182nd District Court of Harris County Tristian Diondray Weathers v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00093-CR Tristian Diondray Weathers v. The State of Texas Appeal from 185th District Court of Harris County Charles Edward Bryant v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Massengale) AFFIRM TC JUDGMENT: Opinion by Justice Massengale Before Justices Keyes, Sharp and Massengale 01-09-00200-CR Charles Edward Bryant v. The State of Texas Appeal from 241st District Court of Smith County Terry Hubbard v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-09-00210-CR Terry Hubbard v. The State of Texas Appeal from 273rd District Court of Shelby County Anthony M. Barrios v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00297-CR Anthony M. Barrios v. The State of Texas Appeal from 2nd 25th District Court of Colorado County Anthony M. Barrios v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00298-CR Anthony M. Barrios v. The State of Texas Appeal from 2nd 25th District Court of Colorado County Anthony M. Barrios v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00299-CR Anthony M. Barrios v. The State of Texas Appeal from 2nd 25th District Court of Colorado County Derrick Quiller v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Hanks and Higley 01-09-00335-CR Derrick Quiller v. The State of Texas Appeal from Crim Dist Ct of Jefferson County Arthur Lee Jackson v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00717-CR Arthur Lee Jackson v. The State of Texas Appeal from 174th District Court of Harris County Darrick Dwayne Moore v. The State of Texas (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00722-CR Darrick Dwayne Moore v. The State of Texas Appeal from 180th District Court of Harris County In Re William Harris (Tex.App.- Houston [1st Dist.] August 12, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00359-CR In Re William Harris Appeal from 232nd District Court of Harris County August 11, 2010 Civil Causes Decided: Criminal Causes Decided: Ashley Ervin v. The State of Texas (Tex.App.- Houston [1st Dist.] August 11, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00121-CR Ashley Ervin v. The State of Texas Appeal from 208th District Court of Harris County Ashley Ervin v. The State of Texas (Tex.App.- Houston [1st Dist.] August 11, 2010)(Keyes) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes Before Justices Keyes, Alcala and Hanks 01-08-00121-CR Ashley Ervin v. The State of Texas Appeal from 208th District Court of Harris County August 5, 2010 Civil Causes Decided: Kuan v. Bruce & the Gold Starr Corporation (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-00-01303-CV Iok C. & Wai Wu Kuan v. Charles E. Bruce & the Gold Starr Corporation Appeal from Co Civil Ct at Law No 3 of Harris County Finger v. Ray (Tex.App.- Houston [1st Dist.] August 5, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-09-00404-CV Christine Finger v. Hugh M. Ray, III and Weycer, Kaplan Pulaski & Zuber, P.C. Appeal from 151st District Court of Harris County Finger v. Ray (Tex.App.- Houston [1st Dist.] August 5, 2010)(Jennings) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00404-CV Christine Finger v. Hugh M. Ray, III and Weycer, Kaplan Pulaski & Zuber, P.C. Appeal from 151st District Court of Harris County Direct Energy GP, LLC v. MXEnergy Holdings, Inc. and MXEnergy, Inc. (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00080-CV Direct Energy GP, LLC v. MXEnergy Holdings, Inc. and MXEnergy, Inc. Appeal from 295th District Court of Harris County Noble Royalties, Inc. v. Weisser Johnson Capital LP (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00191-CV Noble Royalties, Inc. v. Weisser Johnson Capital LP Appeal from 113th District Court of Harris County In re The Cadle Company (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00525-CV In re The Cadle Company Appeal from Co Civil Ct at Law No 1 of Harris County Criminal Causes Decided: Stephanie Ann Burchette v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-08-00252-CR Stephanie Ann Burchette v. The State of Texas Appeal from 149th District Court of Brazoria County J. Matilda Luna v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00274-CR J. Matilda Luna v. The State of Texas Appeal from 185th District Court of Harris County Jimmy Lee Fields v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00793-CR Jimmy Lee Fields v. The State of Texas Appeal from 183rd District Court of Harris County Jimmy Lee Fields v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-09-00794-CR Jimmy Lee Fields v. The State of Texas Appeal from 183rd District Court of Harris County Zachary Charles Burgoon v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00135-CR Zachary Charles Burgoon v. The State of Texas Appeal from 262nd District Court of Harris County Dondrick Deshon Christmas v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00234-CR Dondrick Deshon Christmas v. The State of Texas Appeal from 268th District Court of Fort Bend County Brooks McGee and Allegheny Casualty Co. v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00387-CR Brooks McGee and Allegheny Casualty Co. v. The State of Texas Appeal from County Per Curiam (Tex.App.- Houston [1st Dist.] August 5, 2010)(County) Court at Law of Washington County Brooks McGee and Allegheny Casualty Co. v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00388-CR Brooks McGee and Allegheny Casualty Co. v. The State of Texas Appeal from County Per Curiam (Tex.App.- Houston [1st Dist.] August 5, 2010)(County) Court at Law of Washington County Benjamin Shawn Campbell v. The State of Texas (Tex.App.- Houston [1st Dist.] August 5, 2010)(Curiam) DISMISS APPEAL: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00544-CR Benjamin Shawn Campbell v. The State of Texas Appeal from 185th District Court of Harris County August 4, 2010 Civil Causes Decided: In re BJ Services Company (Tex.App.- Houston [1st Dist.] August 4, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-09-00900-CV In re BJ Services Company, J.W. Stewart, John R. Huff, Michael E. Partrick, Don D. Jordan, William H. White, L. William Heiligbrodt,James L. Payne, and Baker Hughes Incorporated Appeal from 80th District Court of Harris County Criminal Causes Decided: In re Patrick Allen Palacios (Tex.App.- Houston [1st Dist.] August 4, 2010)(Curiam) DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00592-CR In re Patrick Allen Palacios Appeal from 177th District Court of Harris County August 3, 2010 Civil Causes Decided: In re Metropolitan Transit Authority (Tex.App.- Houston [1st Dist.] August 3, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00596-CV In re Metropolitan Transit Authority Appeal from 133rd District Court of Harris County Criminal Causes Decided: In re Frank Garcia, Jr. (Tex.App.- Houston [1st Dist.] August 3, 2010)(Curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00471-CR In re Frank Garcia, Jr. Appeal from 268th District Court of Fort Bend County |
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