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September 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: September 2, 3, 7, 10, 16, 23, 30, 2010 Released Opinions September 30, 2010 Civil Causes Decided: Davis v. Radoff, Houston Reporting Services & Prosperity Bank, Inc. (Tex.App.- Houston [1st Dist.] Sep. 30, 2010)() APPEAL: Per Curiam Before Justices Jennings, Higley and Bland 01-09-00949-CV Veronica L. Davis, individually, and as legal representative for Gelene v. James A. West, Henry V. Radoff, Houston Reporting Services & Prosperity Bank, Inc. Appeal from 149th District Court of Brazoria County Mettauer v. Noble (Tex.App.- Houston [1st Dist.] Sep. 30, 2010)(Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Alcala and Sharp 01-10-00167-CV Mark M. Mettauer, M.D.'s v. Helen Noble Individually and As Independent Executrix of the Estate) Appeal from 234th District Court of Harris County Steven Stephens d/b/a and a/k/a Terra Texas Company v. RIG FABRICATIONS & REPAIR, INC. (Tex.App.- Houston [1st Dist.] Sep. 30, 2010)() DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Higley and Massengale 01-10-00441-CV Steven Stephens d/b/a and a/k/a Terra Texas Company v. RIG FABRICATIONS & REPAIR, INC. Appeal from 234th District Court of Harris County Whatley v. Phelan (Tex.App.- Houston [1st Dist.] Sep. 30, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Higley and Massengale 01-10-00743-CV Dawn Johnson Whatley individually and as executrix of the Estate of Perry Lee Whatley and Michael Easton v. Shawn Phelan, Thompson Coe Cousins & Irons, LLP; David Cabrales, Rachael Hope Stinson, Locke Lord Bissell & Liddell, LLP f/k/a Locke Liddell & Sapp, LLP) Appeal from 190th District Court of Harris County Criminal Causes Decided: TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Jennings, Higley and Sharp 01-08-00452-CR The State of Texas v. Elwood Hanath Appeal from County Court at Law of Washington County AFFIRM TC JUDGMENT: Per Curiam Before Chief Justice Radack, Justices Massengale and Mirabal 01-08-00708-CR Ronnie Charles Nunn v. The State of Texas Appeal from 155th District Court of Austin County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Sharp 01-09-00110-CR Nina Marie Singleton v. The State of Texas Appeal from 209th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Jennings and Alcala 01-09-00216-CR James Roy Dye v. The State of Texas Appeal from 159th District Court of Angelina County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00501-CR Pierceson Brenard Wynn v. The State of Texas Appeal from 180th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00502-CR Ernest W. Taylor v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00503-CR Ernest W. Taylor v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00548-CR James Learthy Ware v. The State of Texas Appeal from 232nd District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Higley and Bland 01-10-00735-CR In re Tuan Van Ly Appeal from 228th District Court of Harris County September 23, 2010 Civil Causes Decided: Valencia v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(Sharp) DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp Before Chief Justice Radack, Justices Jennings, Keyes, Alcala, Hanks, Higley, 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 Smith v. Hawkins (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(Radack) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Bland and Sharp 01-09-00060-CV Rodney Smith v. Jill Hawkins Appeal from 310th District Court of Harris County In the Interest of B.G. (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(Keyes) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Higley and Bland 01-09-00579-CV In the Interest of B.G. Appeal from 308th District Court of Harris County Kennedy v. Gulf Coast Cancer & Diagnostic Center (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Keyes, Higley and Bland 01-09-01056-CV Kirk, A. Kennedy v. Gulf Coast Cancer & Diagnostic Center Appeal from 234th District Court of Harris County Harris County Appraisal Review Board v. Blalock (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(per curiam) DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00140-CV Harris County Appraisal Review Board v. Homer W. Blalock, Jr. & April Blalock Appeal from 133rd District Court of Harris County In re Kirk A. Kennedy (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)(Bland) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland Before Justices Keyes, Higley and Bland 01-10-00677-CV In re Kirk A. Kennedy Appeal from 234th District Court of Harris County In Re Anthony W. Norman, Jr. (Tex.App.- Houston [1st Dist.] Sep. 23, 2010)() DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Higley and Bland 01-10-00737-CV In Re Anthony W. Norman, Jr. Appeal from 269th District Court of Harris County Criminal Causes Decided: TC JUDGMENT: Opinion by Justice Massengale Before Justices Jennings, Alcala and Massengale 01-08-00976-CR Darrell Pickett II v. The State of Texas Appeal from 185th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Keyes, Higley and Bland 01-09-00304-CR Ernest Lee Joiner v. The State of Texas Appeal from 56th District Court of Galveston County AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Alcala 01-09-00928-CR Oscar Nathaniel Scott v. The State of Texas Appeal from 263rd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00201-CR Pierre Van Edwards v. The State of Texas Appeal from 155th District Court of Waller County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00202-CR Pierre Van Edwards v. The State of Texas Appeal from 155th District Court of Waller County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00203-CR Pierre Van Edwards v. The State of Texas Appeal from 155th District Court of Waller County DISMISS APPEAL: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00380-CR Dwayne Earl Singletary v. The State of Texas Appeal from 178th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00392-CR Jacob Brent Smith v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00393-CR Jacob Brent Smith v. The State of Texas Appeal from 262nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Alcala and Massengale 01-10-00463-CR Alex Wade v. The State of Texas Appeal from 185th District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Sharp 01-10-00632-CR Joseph Earl Ivey v. The State of Texas Appeal from 351st District Court of Harris County September 16, 2010 Civil Causes Decided: In re Timothy Casper (Tex.App.- Houston [1st Dist.] Sep. 16, 2010)(per curiam) PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Massengale 01-10-00612-CV In re Timothy Casper Appeal from 247th District Court of Harris County In Re Richard Petley (Tex.App.- Houston [1st Dist.] Sep. 16, 2010)(per curiam) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Jennings, Alcala and Sharp 01-10-00753-CV In Re Richard Petley Appeal from 247th District Court of Harris County Criminal Causes Decided: APPEAL: Per Curiam Before Justices Keyes, Higley and Bland 01-09-00639-CR Leobardo Mancilla v. The State of Texas Appeal from 228th District Court of Harris County DISMISS APPEAL: Per Curiam Before Justices Keyes, Higley and Bland 01-10-00057-CR Mark Anthony Gorham v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-10-00385-CR Criteria Niclole Holmes v. The State of Texas Appeal from 182nd District Court of Harris County DISMISS APPEAL: Per Curiam Before Chief Justice Radack, Justices Bland and Massengale 01-10-00396-CR James Andrew Gann v. The State of Texas Appeal from 268th District Court of Fort Bend County DISMISS APPEAL: Per Curiam Before Justices Keyes, Higley and Bland 01-10-00621-CR David Espinoza v. The State of Texas Appeal from 179th District Court of Harris County September 10, 2010 Civil Causes Decided: Brookshire Kay Drainage District v. The Lily Gardens, LLC (Tex.App.- Houston [1st Dist.] Sep. 10, 2010)(Hanks) TC JUDGMENT: Opinion by Justice Hanks Before Judge Wilson, Justices Alcala and Hanks 01-07-00431-CV Brookshire Katy Drainage District v. The Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke Appeal from 9th District Court of Waller County Brookshire Katy Drainage District v. The Lily Gardens, LLC (Tex.App.- Houston [1st Dist.] Sep. 10, 2010)(Wilson) OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Judge Wilson Before Judge Wilson, Justices Alcala and Hanks 01-07-00431-CV Brookshire Katy Drainage District v. The Lily Gardens, LLC, Richard E. Fluecker and Kenneth B. Luedecke Appeal from 9th District Court of Waller County Imkie v. The Methodist Hospital (Tex.App.- Houston [1st Dist.] Sep. 10, 2010)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Keyes, Alcala and Hanks 01-08-00831-CV Marwa Imkie v. The Methodist Hospital Appeal from 133rd District Court of Harris County Phillips v. BR Brick and Masonry, Inc. (Tex.App.- Houston [1st Dist.] Sep. 10, 2010)(Jennings) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-09-00311-CV Michael A. Phillips, Maria E. Phillips and Quantum Investment Partners L.L.C. v. BR Brick and Masonry, Inc. n/k/a BR Brick Masonry, L.P. Appeal from 127th District Court of Harris County Shanklin v. Texas Department of Criminal Justice (Tex.App.- Houston [1st Dist.] Sep. 10, 2010)(per curiam) AFFIRM TC JUDGMENT: Per Curiam Before Justices Jennings, Hanks and Bland 01-09-00502-CV Phyllis Renee Shanklin v. Texas Department of Criminal Justice Appeal from 239th District Court of Brazoria County Criminal Causes Decided: TC JUDGMENT: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-08-00183-CR Jamal Lance Adair v. The State of Texas Appeal from 174th District Court of Harris County OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings Before Justices Jennings, Hanks and Bland 01-08-00183-CR Jamal Lance Adair v. The State of Texas Appeal from 174th District Court of Harris County September 7, 2010 Civil Causes Decided: In re North Cypress Medical Center Operating Company, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 7, 2010)(Per Curam) PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Chief Justice Radack, Justices Hanks and Massengale 01-10-00750-CV In re North Cypress Medical Center Operating Company, Ltd. and North Cypress Medical Center Operating Company GP, LLC and Dr. Robert Behar Appeal from 234th District Court of Harris County Criminal Causes Decided: September 3, 2010 Civil Causes Decided: TIN Inc. v. Action Box Co., Inc. (Tex.App.- Houston [1st Dist.] Sep. 3, 2010)(per curiam) ASIDE TC JUDGMENT AND RENDER JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Justices Hanks, Higley and Bland 01-08-00472-CV TIN Inc. d/b/a Temple-Inland, fromerly Gaylord Container Corporation v. Action Box Co., Inc. Appeal from 234th District Court of Harris County Criminal Causes Decided: September 2, 2010 Civil Causes Decided: Criminal Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Keyes, Hanks and Higley 01-10-00666-CR In re Donny Joel Harvey Appeal from 23rd District Court of Brazoria County |
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