October 2010 Cases Decided by the First Court of Appeals
(Tex. App.- Houston [1st Dist.] 2010)
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October 2010 Appellate Decisions with Links to Opinions in Civil Cases:  

Opinion Release Dates: October 1, 5, 7, 11, 12, 14, 21, 28, 29, 2010   

Released Opinions

October 29, 2010   

Civil Causes Decided:   

In re Larry Taylor (Tex.App.- Houston [1st Dist.] October 29, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Jennings and Massengale  
01-10-00893-CV In re Larry Taylor
Appeal from 122nd District Court of Galveston County  

Criminal Causes Decided:   

October 28, 2010   

Civil Causes Decided:   

Office of the Attorney General v. Williams (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00673-CV Office of the Attorney General v. Cassandra Williams
Appeal from 268th District Court of Fort Bend County  

Criminal Causes Decided:   

Joshua Sheldon Phillips v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-07-01059-CR Joshua Sheldon Phillips v. The State of Texas
Appeal from 230th District Court of Harris County  

John Douglas v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Sharp)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Jennings, Alcala and Sharp  
01-08-00463-CR John Douglas v. The State of Texas
Appeal from 248th District Court of Harris County  

John Douglas v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Sharp)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Jennings, Alcala and Sharp  
01-08-00464-CR John Douglas v. The State of Texas
Appeal from 248th District Court of Harris County  

Jeremy Jermaine Jackson v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-00566-CR Jeremy Jermaine Jackson v. The State of Texas
Appeal from 232nd District Court of Harris County  

Cecil Malivil Cherian v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-09-00570-CR Cecil Malivil Cherian v. The State of Texas
Appeal from 339th District Court of Harris County  

Luke Dwayne Latson v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00802-CR Luke Dwayne Latson v. The State of Texas
Appeal from 230th District Court of Harris County  

Clifton Bennett v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-09-01151-CR Clifton Bennett v. The State of Texas
Appeal from Co Crim Ct at Law No 8 of Harris County  

Clifton Bennett v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-09-01152-CR Clifton Bennett v. The State of Texas
Appeal from Co Crim Ct at Law No 8 of Harris County  

Francisco Javier Lira v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-01156-CR Francisco Javier Lira v. The State of Texas
Appeal from 263rd District Court of Harris County  

Samson Perez Casiano v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00465-CR Samson Perez Casiano v. The State of Texas
Appeal from 208th District Court of Harris County  

Dexter Joseph Mallery v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00694-CR Dexter Joseph Mallery v. The State of Texas
Appeal from 176th District Court of Harris County  

Saul Antonio Romero v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00786-CR Saul Antonio Romero v. The State of Texas
Appeal from 232nd District Court of Harris County  

Germaine James v. The State of Texas (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00792-CR Germaine James v. The State of Texas
Appeal from County Court at Law No 1 of Fort Bend County  

In re Jason Kennedy (Tex.App.- Houston [1st Dist.] October 28, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00890-CR In re Jason Kennedy
Appeal from 179th District Court of Harris County  

October 21, 2010   

Civil Causes Decided:   

SP Terrace L.P. and Tyee Management, LLC v. Meritage Homes of Texas LLC (Tex.App.- Houston [1st Dist.]
October 21, 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  

Kamel v. The University of Texas Health Science Center at Houston (Tex.App.- Houston [1st Dist.] October 21,
2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00163-CV Safwat Kamel v. The University of Texas Health Science Center at Houston
Appeal from 152nd District Court of Harris County  

Doctors Hospital, Doctors Hospital, 1997, L.P., Individually and D/B/A Doctors Hospital and Tidwell Parkway
Ventures, LLC, Individually and D/B/A Doctors Hospital hereinafter referred to as "Doctors Hospital "  
(Tex.App.- Houston [1st Dist.] October 21, 2010)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Higley  
01-10-00270-CV Doctors Hospital, Doctors Hospital, 1997, L.P., Individually and D/B/A Doctors Hospital and
Tidwell Parkway Ventures, LLC, Individually and D/B/A Doctors Hospital hereinafter referred to as "Doctors
Hospital "  
v. Santos Hernandez, Individually and as Representaive of the Estate of Cynthia Hernandez, Deceased and as
Next friend of J. N. A.
Appeal from 164th District Court of Harris County  

Criminal Causes Decided:   

Michael Fitzgerald Green v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Nuchia)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-08-00765-CR Michael Fitzgerald Green v. The State of Texas
Appeal from 248th District Court of Harris County  

Lamar A Williams v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Nuchia)
DISMISS APPEAL: Opinion by Justice Nuchia   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-08-00796-CR Lamar A Williams v. The State of Texas
Appeal from 174th District Court of Harris County  

Donald Wayne Brooks Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Mirabal)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Mirabal   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-08-00909-CR Donald Wayne Brooks Jr. v. The State of Texas
Appeal from 248th District Court of Harris County  

Donald Wayne Brooks Jr. v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Mirabal)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Mirabal   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-08-00910-CR Donald Wayne Brooks Jr. v. The State of Texas
Appeal from 248th District Court of Harris County  

Kyle Edric Walker v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Mirabal)
AFFIRM TC JUDGMENT: Opinion by Justice Mirabal   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-09-00195-CR Kyle Edric Walker v. The State of Texas
Appeal from 405th District Court of Galveston County  

Kyle Edric Walker v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Mirabal)
AFFIRM TC JUDGMENT: Opinion by Justice Mirabal   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-09-00196-CR Kyle Edric Walker v. The State of Texas
Appeal from 405th District Court of Galveston County  

Dwayne Anderson, Sr. v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Massengale)
DISMISS APPEAL: Opinion by Justice Massengale   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-09-00382-CR Dwayne Anderson, Sr. v. The State of Texas
Appeal from 351st District Court of Harris County  

Michael Louis Hall v. The State of Texas (Tex.App.- Houston [1st Dist.] October 21, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Justices Keyes, Higley and Bland  
01-09-00891-CR Michael Louis Hall v. The State of Texas
Appeal from 230th District Court of Harris County  

October 14, 2010   

Civil Causes Decided:   

Mark Richards, William Hetherington, Sean McAuley, Michael Narin, Boris Stojanovic, and Ian Ward v.
Transocean, Inc. (Tex.App.- Houston [1st Dist.] October 14, 2010)(Massengale)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Massengale   
Before Justices Keyes, Sharp and Massengale  
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  

Allen and Martha Lewis Revocable Trust and Martha Lewis, Individually v. Daniel Perales and Erin Perales
(Tex.App.- Houston [1st Dist.] October 14, 2010)(Keyes)
DENY MOTION: Opinion by Justice Keyes   
Before Justices Keyes 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  

Morton v. Patrick Kelly, Individually and D/B/A/ the Law offices of Patrick Kelly (Tex.App.- Houston [1st Dist.]
October 14, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-09-00428-CV Sara A. Morton v. Patrick Kelly, Individually and D/B/A/ the Law offices of Patrick Kelly
Appeal from 215th District Court of Harris County  

Scipiano v. Smith- Moffett (Tex.App.- Houston [1st Dist.] October 14, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Higley and Massengale  
01-09-00880-CV Rodrigo Scipiano v. Alice Smith- Moffett
Appeal from Co Civil Ct at Law No 2 of Harris County  

Tien v. Alappatt, M.D. (Tex.App.- Houston [1st Dist.] October 14, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Higley and Massengale  
01-10-00072-CV Quan Tien v. John J. Alappatt, M.D.
Appeal from 164th District Court of Harris County  

Teague v. Brad Livingston and Rissie Owens (Tex.App.- Houston [1st Dist.] October 14, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Sharp  
01-10-00075-CV Edward L. Teague v. Brad Livingston and Rissie Owens
Appeal from 412th Judicial District Court of Brazoria County  

Eten, Inc., Center for the Advancement of Process Technology, Inc., Hebert W. Fortson, III, Raymond R.
Wuetrz, Joanna Kile, Merv W. Treigle, Jr., John V. Dees III and Steve Ames v. College of the Mainland
(Tex.App.- Houston [1st Dist.] October 14, 2010)(Higley)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-10-00349-CV Eten, Inc., Center for the Advancement of Process Technology, Inc., Hebert W. Fortson, III,
Raymond R. Wuetrz, Joanna Kile, Merv W. Treigle, Jr., John V. Dees III and Steve Ames v. College of the
Mainland
Appeal from 122nd District Court of Galveston County  

Criminal Causes Decided:   

Safety National Casualty Corporation Agent Michael W. Cox  (Tex.App.- Houston [1st Dist.] October 14,
2010)(Nuchia)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-07-00122-CR Safety National Casualty Corporation Agent Michael W. Cox  
v. The State of Texas
Appeal from 180th District Court of Harris County  

Safety National Casualty Corporation Agent Michael W. Cox  (Tex.App.- Houston [1st Dist.] October 14,
2010)(Nuchia)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-07-00123-CR Safety National Casualty Corporation Agent Michael W. Cox  
v. The State of Texas
Appeal from 180th District Court of Harris County  

Adrion Valerio v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-09-00071-CR Adrion Valerio v. The State of Texas
Appeal from 263rd District Court of Harris County  

Victor Rodriguez Perez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Nuchia and Massengale  
01-09-00805-CR Victor Rodriguez Perez v. The State of Texas
Appeal from 174th District Court of Harris County  

Toddrick Brown v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-09-01081-CR Toddrick Brown v. The State of Texas
Appeal from 263rd District Court of Harris County  

Kenneth Broussard v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00458-CR Kenneth Broussard v. The State of Texas
Appeal from 239th District Court of Brazoria County  

Joshua D. Mims v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-10-00466-CR Joshua D. Mims v. The State of Texas
Appeal from 337th District Court of Harris County  

Phillip Jarrell Young v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00758-CR Phillip Jarrell Young v. The State of Texas
Appeal from 232nd District Court of Harris County  

Phillip Jarrell Young v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00759-CR Phillip Jarrell Young v. The State of Texas
Appeal from 232nd District Court of Harris County  

Phillip Jarrell Young v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00760-CR Phillip Jarrell Young v. The State of Texas
Appeal from 232nd District Court of Harris County  

In re Jason Miears (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-10-00779-CR In re Jason Miears
Appeal from 226th District Court of Bexar County  

In re Charles R. Blakes Jr v. The State of Texas (Tex.App.- Houston [1st Dist.] October 14, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-10-00818-CR In re Charles R. Blakes Jr v. The State of Texas
Appeal from 178th District Court of Harris County  

October 12, 2010   

Civil Causes Decided:   

Criminal Causes Decided:   

Steven Avilez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 12, 2010)(Sharp)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp   
Before Justices Keyes, Sharp and Massengale  
01-07-00591-CR Steven Avilez v. The State of Texas
Appeal from 262nd District Court of Harris County  

Steven Avilez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 12, 2010)(Sharp)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Sharp   
Before Justices Keyes, Sharp and Massengale  
01-07-00592-CR Steven Avilez v. The State of Texas
Appeal from 262nd District Court of Harris County  

October 11, 2010   

Civil Causes Decided:  
 

Ancira v. Silverman (Tex.App.- Houston [1st Dist.] October 11, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Jennings, Alcala and Sharp  
01-10-00046-CV Barbara Gayl Ancira v. Russell Scott Silverman
Appeal from 309th District Court of Harris County  

Criminal Causes Decided:   

October 7, 2010   

Civil Causes Decided:   

Smith v. Galveston County, Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-08-01011-CV Clifford A. Smith v. Galveston County, Texas
Appeal from 212th District Court of Galveston County  

James E. Glattly, David Molina, and Specialized Components, Inc. v. Air Starter Components, Inc. (Tex.App.-
Houston [1st Dist.] October 7, 2010)(Alcala)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Massengale  
01-09-00098-CV James E. Glattly, David Molina, and Specialized Components, Inc. v. Air Starter Components,
Inc.
Appeal from 268th District Court of Fort Bend County  

Cunningham v. Campbell M.D., Senior Ophthalmologist (Tex.App.- Houston [1st Dist.] October 7,
2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-09-00511-CV William Earl Cunningham v. Gerald A. Campbell M.D., Senior Ophthalmologist
Appeal from 10th District Court of Galveston County  

Yaweh thru " Yahweh Kingdom People" ekklesia via "Y.K.P" kingdom corporation sole, Registered Agent,
Ambassador Claude Hugh Lloyd the Second of Yahvah YahvanShia YahvahRuach and Ambassador
Cassondra Jean Lloyd of Yahvah YahvahShua YahvahRauch v. Gregg Abbott, Texas Attorney General, Mike
Stafford, County  (Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-09-00584-CV Yaweh thru " Yahweh Kingdom People" ekklesia via "Y.K.P" kingdom corporation sole,
Registered Agent, Ambassador Claude Hugh Lloyd the Second of Yahvah YahvanShia YahvahRuach and
Ambassador Cassondra Jean Lloyd of Yahvah YahvahShua YahvahRauch v. Gregg Abbott, Texas Attorney
General, Mike Stafford, County  
Appeal from 152nd District Court of Harris County

Poledore. v. Fraley (Tex.App.- Houston [1st Dist.] October 7, 2010)(Bland)
AFFIRM TC JUDGMENT: Opinion by Justice Bland   
Before Chief Justice Radack, Justices Bland and Sharp  
01-09-00658-CV Dennis James Poledore, Jr. v. Frank Jerome Fraley
Appeal from 268th District Court of Fort Bend County  

Kegresse v. Department of Family and Protective Services (Tex.App.- Houston [1st Dist.] October 7,
2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-09-00774-CV Jennifer Kegresse v. Department of Family and Protective Services
Appeal from 247th District Court of Harris County  

Taylor v. Kenwick Pines Homeowners Association (Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Bland and Massengale  
01-09-01068-CV Earnest Taylor v. Kenwick Pines Homeowners Association
Appeal from Co Civil Ct at Law No 2 of Harris County  

Richard Stephen Calkins, individually and as agent -in-fact- for Mary Olive Calkins; Mary Olive Calkins by and
through her attorney ad litem; and Michael Easton v. James (Tex.App.- Houston [1st Dist.] October 7,
2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Massengale  
01-10-00413-CV Richard Stephen Calkins, individually and as agent -in-fact- for Mary Olive Calkins; Mary
Olive Calkins by and through her attorney ad litem; and Michael Easton v. Carolyn C. James
Appeal from Probate Court No 2 of Harris County  

Genssler v. Harris County, Texas and The State of Texas acting by and through the Texas Commission on
Environmental Quality, a Necessary and Indispensable Party (Tex.App.- Houston [1st Dist.] October 7,
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 Jennings and Alcala  
01-10-00593-CV Klaus Genssler v. Harris County, Texas and The State of Texas acting by and through the
Texas Commission on Environmental Quality, a Necessary and Indispensable Party
Appeal from 125th District Court of Harris County  

Allen v. A & L Industrial Services, Inc. (Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00599-CV Christopher C. Allen v. A & L Industrial Services, Inc.
Appeal from 281st District Court of Harris County  

Silvio v. Newman (Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Chief Justice Radack, Justices Higley and Massengale  
01-10-00765-CV Karen Kristine Silvio v. Michael B. Newman
Appeal from Co Civil Ct at Law No 1 of Harris County  

Criminal Causes Decided:   

Steven Avilez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Massengale)
AFFIRM TC JUDGMENT: Opinion by Justice Massengale   
Before Justices Keyes, Sharp and Massengale  
01-07-00591-CR Steven Avilez v. The State of Texas
Appeal from 262nd District Court of Harris County  

Steven Avilez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Massengale)
AFFIRM TC JUDGMENT: Opinion by Justice Massengale   
Before Justices Keyes, Sharp and Massengale  
01-07-00592-CR Steven Avilez v. The State of Texas
Appeal from 262nd District Court of Harris County  

David Vasquez v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Sharp)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp   
Before Justices Jennings, Alcala and Sharp  
01-08-00707-CR David Vasquez v. The State of Texas
Appeal from 182nd District Court of Harris County  

Kenneth Dwayne Smith v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Radack)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack   
Before Chief Justice Radack, Justices Massengale and Mirabal  
01-09-00263-CR Kenneth Dwayne Smith v. The State of Texas
Appeal from 228th District Court of Harris County  

Quincy Rashard Carter v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Keyes)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes   
Before Justices Keyes, Higley and Bland  
01-09-00349-CR Quincy Rashard Carter v. The State of Texas
Appeal from 56th District Court of Galveston County  

Stanley Lanier Roberts v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Alcala)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Sharp  
01-09-00561-CR Stanley Lanier Roberts v. The State of Texas
Appeal from 180th District Court of Harris County  

David William Ponce-Rivera v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Jennings)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Justices Jennings, Alcala and Sharp  
01-09-00843-CR David William Ponce-Rivera v. The State of Texas
Appeal from 263rd District Court of Harris County  

James Daniel Boone v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Sharp)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Sharp   
Before Justices Jennings, Alcala and Sharp  
01-09-01020-CR James Daniel Boone v. The State of Texas
Appeal from 253rd District Court of Chambers County  

Kelvin Washington v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Higley)
AFFIRM TC JUDGMENT: Opinion by Justice Higley   
Before Justices Keyes, Higley and Bland  
01-10-00589-CR Kelvin Washington v. The State of Texas
Appeal from 240th District Court of Fort Bend County  

Stevdrick Jackson v. The State of Texas (Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DISMISS APPEAL: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00639-CR Stevdrick Jackson v. The State of Texas
Appeal from 263rd District Court of Harris County  

(Tex.App.- Houston [1st Dist.] October 7, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Higley and Massengale  

October 5, 2010   

Civil Causes Decided:   

In Re: Patricia H. Rigler (Tex.App.- Houston [1st Dist.] October 5, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00839-CV In Re: Patricia H. Rigler
Appeal from 113th District Court of Harris County  

In re O.T. H. Enterprises Corp. (Tex.App.- Houston [1st Dist.] October 5, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Chief Justice Radack, Justices Alcala and Higley  
01-10-00841-CV In re O.T. H. Enterprises Corp.
Appeal from 152nd District Court of Harris County  

Criminal Causes Decided:   

October 1, 2010   

Civil Causes Decided:   

In Re James Shu (Tex.App.- Houston [1st Dist.] October 1, 2010)(Curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam   
Before Justices Keyes, Higley and Bland  
01-10-00801-CV In Re James Shu
Appeal from 61st District Court of Harris County  

Criminal Causes Decided:
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1/18/10
 
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