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December 2010 Appellate Decisions with Links to Opinions in Civil Cases: Opinion Release Dates: December 2, 3, 6, 9, 15, 16, 17, 20, 23, ___, 2010 Released Opinions December 23, 2010 Civil Causes Decided: DISMISS APPEAL: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Brown and Massengale) 01-01-01068-CV Steve Vasquez and Patricia Vasquez, Individually and as Next Friend of C.R.V., a Minor v. United States Gypsum Company; Monarch Paint Company; J.M. Huber Corporation; Georgia-Pacific Corporation; Murco Wall Products, Inc.; Minnesota Mining and Manufacturing Company (3M); Lone Star Drywall Mfg., Inc.; Home Depot U.S.A., Inc.; and Langwood Lumbe--Appeal from 234th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justices Alcala and Massengale) 01-08-00496-CV Jeffery B. Kaiser v. Anita K. M. Silfvast--Appeal from 309th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland [ PDF ] (Before Chief Justice Radack, Justices Bland and Massengale) 01-08-00749-CV Jaime Johnson v. Department of Family and Protective Services--Appeal from 315th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Bland [ PDF ] (Before Chief Justice Radack, Justices Bland and Massengale) 01-08-00750-CV Jaime Johnson v. Department of Family and Protective Services--Appeal from 315th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Jennings [ PDF ] (Before Justices Jennings 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 AFFIRM TC JUDGMENT: Opinion by Justice Mirabal [ PDF ] (Before Chief Justice Radack, Justices Massengale and Mirabal) 01-09-00183-CV Richard Crounse v. State Farm Mutual Automobile Insurance Co.--Appeal from 215th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justices Nuchia and Massengale) 01-09-00514-CV Clute Apartments 1, Ltd. and George Michaelson v. Jerry Lorson, DBA Tufftop Refinishing Services--Appeal from Co Ct at Law No 4 & Probate of Brazoria County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Judge Matthews, Justice Massengale) 01-09-00615-CV Randall Coleman v. Joan Parnell Coleman--Appeal from 311th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00115-CV Donald J. Willy v. Rosetta Lee Winkler and Stanley Winkler--Appeal from County Court at Law No 3 of Fort Bend County GRANT MOTION: Opinion by Justice Jennings [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00371-CV In Re Energy XXI Gulf Coast, Inc., Energy XXI (Bermuda) Limited, f/k/a Energy XXI Acquisition Corporation (Bermuda) Limited--Appeal from 157th District Court of Harris County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Keyes [ PDF ] (Before Justices Keyes, Higley and Bland) 01-10-00374-CV Heriberto Sedeno, P. A. v. Genoveva Mijares--Appeal from 151st District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00442-CV Wight Realty Interests, Ltd. v. City of Friendswood, Texas--Appeal from 405th District Court of Galveston County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00840-CV In re Bryan Zachary--Appeal from 281st District Court of Harris County DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00857-CV Metropolitan Christian Methodist Episcopal Church v. Barnabas Investors, Inc., Cecil Brooks, John T. Ottinger, Jr., Nick Howard aka Charles Howard, Frank Vann, Brian E. Woods, Benjamin Wood, M.D., Iris Johnson, Senior Housing Services Inc., Universal Healthcare Integrated, Inc., Cornerstone Capital Advisor--Appeal from 157th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Brown and Massengale) 01-10-01056-CV In re CEM Fuller--Appeal from 387th District Court of Fort Bend County December 17, 2010 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Brown and Massengale) 01-10-00889-CV In re Kyoko Michelle Gibson--Appeal from 246th District Court of Harris County December 16, 2010 Civil Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Alcala and Massengale) 01-09-00129-CV Kim Priebe v. Beverly Priebe A'Hearn--Appeal from 113th District Court of Harris County REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Bland and Massengale) 01-09-00320-CV Citibank (South Dakota), N.A. v. Michael A. Tate--Appeal from County Court at Law No 4 of Fort Bend County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justice Massengale, The Honorable Cox) 01-09-00363-CV Doris Evans v. American General Life Ins. Co. & American International Group--Appeal from 333rd District Court of Harris County REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Justices Bland and Massengale) 01-09-00870-CV Aloysius Hoang v. Blanca Ortiz--Appeal from Co Civil Ct at Law No 2 of Harris County AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack [ PDF ] (Before Chief Justice Radack, Judge Matthews, Justice Massengale) 01-09-00984-CV Creekstone Community Association, Inc. v. Houston Housing Authority, Individually and D/B/A/ Housing Authority of the City of Houston--Appeal from 127th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Higley and Massengale) 01-10-00669-CV Hitchcock Independent School District v. Doreatha Walker--Appeal from 405th District Court of Galveston County December 15, 2010 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Brown and Massengale) 01-10-01074-CV In re Northpark Office Tower, LP and Northpark Office Tower GP, LLC--Appeal from 129th District Court of Harris County December 9, 2010 Civil Causes Decided: AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley [ PDF ] (Before Justices Keyes, Higley and Bland) 01-09-00169-CV UL, Inc., D/B/A Urban Living and George Silaski v. Jose L. Pruneda--Appeal from 164th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-09-00177-CV Kathy J. Koteras v. Pine Village--Appeal from Co Civil Ct at Law No 1 of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Nuchia and Massengale) 01-09-00402-CV Phenel Mondesir v. Luby's Restaurants Limited Partnership--Appeal from 11th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Nuchia and Massengale) 01-09-00748-CV Timothy Dewayne Randle v. Galveston County District Clerk and Galveston County Sheriff's Office--Appeal from 405th District Court of Galveston County DISMISS APPEAL: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Nuchia and Massengale) 01-10-00223-CV Neelofer S. Durrani M.D. and Memorial OB/GYN v. Michele Cirillo--Appeal from 125th District Court of Harris County DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00290-CV Tomac of Florida, Inc. d/b/a Global Restoration Group v. US Real Estate Limited Partnership--Appeal from 190th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00579-CV Monty J. Wood v. Pharia, L.L.C.--Appeal from Co Civil Ct at Law No 3 of Harris County GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Massengale [ PDF ] (Before Chief Justice Radack, Justices Brown and Massengale) 01-10-00641-CV In re Kathleen Elizabeth Reiter--Appeal from 246th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Justices Keyes, Higley and Bland) 01-10-01007-CV In re Edward Ray Newsome--Appeal from 189th District Court of Harris County December 3, 2010 Civil Causes Decided: DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Justices Alcala, Higley and Massengale) 01-10-01051-CV In re Jose A. Perez and Nancy C. Perez--Appeal from 80th District Court of Harris County December 2, 2010 Civil Causes Decided: AFFIRM TC JUDGMENT: Opinion by Justice Alcala [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-09-00095-CV Linda Lucile Hallum v. Lloyd Thomas Hallum--Appeal from 312th District Court of Harris County AFFIRM TC JUDGMENT: Opinion by Justice Alcala [ PDF ] (Before Chief Justice Radack, Justices Alcala and Massengale) 01-09-00490-CV Michael Scott v. Officer Joe Mireles, in his personal capacity--Appeal from 268th District Court of Fort Bend County AFFIRM TC JUDGMENT: Per Curiam [ PDF ] (Before Justices Jennings and Bland) 01-09-00502-CV Phyllis Renee Shanklin v. Texas Department of Criminal Justice--Appeal from 239th District Court of Brazoria County DISMISS APPEAL: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Higley and Massengale) 01-09-00882-CV Continental Production Services, Inc.; Craig A. Corbell, II; and Southern Operating Services, LLC v. James Moffitt--Appeal from 165th District Court of Harris County DISMISS APPEAL: Per Curiam [ PDF ] (Before Chief Justice Radack, Justices Higley and Massengale) 01-10-00406-CV Wayne R. Prescott v. Texas Dow Employees Credit Union--Appeal from Co Ct at Law No 3 & Probate Ct of Brazoria County DISMISS APPEAL: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00582-CV Nancy D. Rutherford v. Michael G. Rutherford--Appeal from 257th District Court of Harris County DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam [ PDF ] (Before Justices Jennings, Alcala and Sharp) 01-10-00868-CV In re DeepRock Venture Partners, LP and Paul Touradji v. Beach Capital Partnership, L.P., Playa Oil & Gas GP, LLC, Playa Oil & Gas, LP, Gary M. Beach--Appeal from 55th District Court of Harris County |
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