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RECENT AND NOT SO RECENT APPEALS FROM JUDGE CAGLE'S COURT (in reverse chron. order, but not an exhaustive list)
Hon. R. Jack Cagle - Appeals from the County Civil Court at Law No. 1 - CCCL#1 - Harris County Houston-Opinions.com
CACTUS CAGLE ON THE CAMPAIGN TRAIL (in his own words)
Almeron v. T-Mobile West Corp. (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Yates) (appeal from JP court) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Seymore and Boyce 14-07-00524-CV Carlos Salmeron v. T-Mobile West Corporation Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle
Butler v. Hudson & Keyse (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Hudson) (credit card debt suit, account stated theory) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00534-CV Paul A. Butler and Afton J. Butler v. Hudson & Keyse, L.L.C Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle
Bowie v. ASAP Motors (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland (pro se appeal, DWOP dismissal) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Judge Wilson, Justices Jennings and Bland 01-07-00730-CV Kenneth Bowie v. ASAP Motors Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle
Metro v. Harris County (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler) (workers comp subrogation) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-06-00513-CV Metropolitan Transport Authority v. Harris County, Texas Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle
In re H & R Block Financial Advisors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Guzman) (arbitration mandamus, waiver argument) MOTION OR WRIT GRANTED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Frost and Guzman 14-08-00450-CV In Re H & R Block Financial Advisors, Inc. Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle
Bennett Truck Transport, LLC v. William Brothers Construction (Tex.App. - Houston [14th Dist.] May 22, 2008)(Yates) (common carrier liability, equitable subrogation, sj reversed) REVERSED AND REMANDED: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00923-CV Bennett Truck Transport, LLC v. William Brothers Construction Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: R. Jack Cagle
Complaint about Judge Cagle's idiosyncracies fails Denial of recusal motion upheld on appeal (as is customary)
Vasquez v. Hildenbrand (Tex.App.- Houston [1st Dist.] Apr. 24, 2008)(Keyes) [auto PI, negligence, recusal motion denied] AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-06-01067-CV Nancy Vasquez v. Brenda Hildenbrand Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle In her motion to recuse, Vasquez alleged that the trial court showed a "pattern of behavior [that] shows a personal bias and prejudice toward [Vasquez] and the subject matter of this case to such an extent that the trial court's impartiality may be reasonably questioned in any further hearings or proceedings."
At the recusal hearing, Vasquez's counsel testified that the trial court made inappropriate comments like "you Italians stick together" and that "he was sorry that the jury would not get to see two Sicilians go at it." However, the evidence also showed that the trial court made these remarks out of the presence of the jury. Vasquez's attorney also presented evidence that while his jury was in the waiting room the trial court took pictures with a district court judge and spoke with another jury. Vasquez's attorney testified that the trial court gave the jury a speech about patriotism, stated that the bailiff was a real war hero, and made the jury take a pledge of allegiance to the flag. He testified that the trial court put the Bible on top of the rules of procedure and kept it on display. He testified that the trial court told him to make his objection in two words or less. He then described an exchange he had had with the trial court about insurance, during which opposing counsel "opened the door" to insurance, and he stated that the trial court had made the jurors swear that they would not make a decision based on the availability or lack of insurance. Vasquez's counsel said he felt pressured to agree to the trial court's question to the lawyers about waiving the reading of the charge. He testified that he made a comment during closing arguments that "he had something to do with the charge," which caused the trial court to reprimand him in front of the jury because it was the trial court's charge. He also discussed how the trial court left the courtroom with another judge to do something in the other judge's courtroom, but when he went to the other courtroom, it was locked. Vasquez's counsel testified that Hildenbrand had filed a motion for sanctions prior to trial and that, during the trial, the trial court said, "I'll be taking care of you with the Motion for Sanctions later." He testified that during a bench conference to settle a dispute, the trial court said that it would take both of the lawyers outside and work them over, but counsel agreed that this comment was not on the record. He testified that he was "astounded" when the trial court asked the lawyers, "Which one of you is going to bring the donuts tomorrow?" He also testified that at approximately 5 p.m. during the trial, the trial court slammed a time clock down and said "I'm putting you on the time clock to make sure you finish in ten minutes." Vasquez's counsel summarized his grounds for recusal, "So I think that his pattern of misconduct was so high with such antagonism and showing such favoritism that it was impossible for my client to get a fair trial."
Generally, judicial remarks during a proceeding that are critical or even hostile to counsel, parties, or their cases, do not support recusal. Ludlow v. DeBerry, 959 S.W.2d 265, 271 (Tex. App.--Houston [14th Dist.] 1997, no pet.). "Such remarks may [support recusal] if they reveal an opinion deriving from an extrajudicial source and such remarks will do so if they reveal such a high degree of favoritism or antagonism as to make fair judgment impossible." Id.
Having reviewed the recusal hearing record, we do not find that the administrative judge acted arbitrarily or unreasonably, or without any reference to guiding rules and principles, in denying Vasquez's motion to recuse. The evidence does not show that the trial court's impartiality might reasonably be questioned or that the trial court had a personal bias or prejudice concerning the subject matter or a party. See Tex. R. Civ. P. 18b(2)(a)(b).
We overrule Vasquez's eighth issue.
RDI Mechanical v. WPVA LP (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(foreclosure) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00962-CV RDI Mechanical v. WPVA LP, et al Appeal from Co Civil Ct at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle
Grayson v. Anselmo (Tex.App. - Houston [14th Dist.] Mar. 11 2008) (Brown) (premises liability, suit, slip and fall, summary judgment for defendant affirmed) AFFIRMED: Opinion by Justice Brown 14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop Appeal from County Civil Court at Law No 1 of Harris County Trial court judge: Hon. R. Jack Cagle
Hudson & Keyse, LLC v. Gipson (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Jennings) (credit card debt suit, DWOP, substitute service) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00380-CV Hudson & Keyse, L.L.C. v. Lavern W. Gipson and Emmett Gipson Appeal from County Civil Court at Law No 1 of Harris County (Hon. Jack Cagle)
The Cadle Co. v. Bray, No. 01-06-00899-CV (Tex.App.- Houston [1st Dist.] Jan. 24, 2008)(Alcala) (jurisdiction, default judgment, dormant judgment, res judicata) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Elsa Alcala Before Chief Justice Radack, Justices Alcala and Bland The Cadle Company v. Roy H. Bray Appeal from County Civil Court at Law No 1 of Harris County (Judge Jack Cagle)
Executive Mortgage and Financial Services, Inc. v. Gallup (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(per curiam) (reporter's record unavailable, new trial granted, judgment set aside) SET ASIDE TC JUDGMENT AND REMAND CASE TO TC FOR RENDITION OF JUDGMENT IN ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam Before Chief Justice Radack, Justices Alcala and Bland 01-06-00761-CV Executive Mortgage and Financial Services., Inc. v. Charles E. Gallup Appeal from County Civil Court at Law No 1 of Harris County (Judge R. Jack Cagle)
Allstate Indemnity Co. v. Hadley Medical Clinic (Tex.App.- Houston [14th Dist.] Dec. 13, 2007)(Hedges)(auto PI, personal injury settlement, third-party beneficiary, quasi-estoppel) REVERSED AND REMANDED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-00436-CV Allstate Indemnity Company and Allstate Property and Casualty Insurance Company v. Hadley Medical Clinic, Hampton Medical Clinic, Imperial Valley Medical Clinic, and Southwest Houston Physician Center Appeal from County Civil Court at Law No 1 of Harris County (R. Jack Cagle)
St. Raphael Medical Clinic, Inc. Mint Medical Pysician Staffing (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Jennings) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-00983-CV St. Raphael Medical Clinic, Inc. v. Mint Medical Physician Staffing, LP d/b/a Prime Staff Appeal from County Civil Court at Law No 1 of Harris County (Hon. Jack Cagle)
Hong Kong Development Inc. v. Kim Loan Nguyen (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Taft)[commercial real estate, lease, forcible entry and detainer] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Chief Justice Radack, Justices Taft and Nuchia 01-04-00586-CV Hong Kong Development, Inc., Hai Du Duong, and Phuong Truong Tu v. Kim Loan Nguyen d/b/a Alpha Baker Appeal from County Civil Court at Law No 1 of Harris County (Hon. Jack Cagle)
Holt v. Decyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft) [enforcement of old judgment, dormant judgment, capacity, turnover relief] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks 01-05-01194-CV William Gregory Holt v. Cedyco Corporation Appeal from County Civil Court at Law No 1 of Harris County (Judge Jack Cagle) Justice Keys dissented in Holt v. Cedyco Corp.
Davis v. Smith (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Higley) [bill of review denied, not diligent] AFFIRM TC JUDGMENT: Opinion by Justice Higley (Before Justices Nuchia, Keyes and Higley) 01-06-00799-CV Daisy Mae Davis v. Jim R. Smith and Cost Plus of Texas, Inc. Appeal from County Civil Court at Law No 1 of Harris County
Howeth Investments Inc. v. City of Hedwig Village (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Taft) (real estate development law, plat application, failure to approve plats, regulatory takings claim, reservation of federal claims) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft (Before Justices Taft, Alcala and Hanks) 01-05-00118-CV Howeth Investments Inc., et al v. The City of Hedwig Village, et al. Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. R. Jack Cagle)
E International, LLC v. Certfied Business Brokers II, Ltd. (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam)(settlement) DISMISSED: Per Curiam Before Justices Brock Yates, Anderson and Frost\ 14-07-00186-CV E International, L.L.C and Assad Boulos, Individually v. Certified Business Brokers II, Ltd.Appeal from Co Civil Ct at Law No 1 of Harris County (Hon. R. Jack Cagle)
Knopp v. CitiBank (South Dakota) N.A. (Tex.App.- Houston [1st Dist.] May 17, 2007)(May 17, 2007)(per curiam)(consumer debt) DISMISSED: Per Curiam Before Justices Brock Yates, Edelman and Seymore) 14-06-01145-CV Craig F. Knopp v. CitiBank (South Dakota) N.A Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R. Jack Cagle)
Turnover Order Vacated in Case Involving Enforcement of 17 Year Old Judgment Holt v. Decyco Corp. (Tex.App.- Houston [1st Dist.] Apr. 27, 2007)(Taft) [enforcement of old judgment, capacity, turnover relief] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Keyes and Hanks 01-05-01194-CV William Gregory Holt v. Cedyco Corporation Appeal from County Civil Court at Law No 1 of Harris County (Judge Jack Cagle) Justice Keyes dissented in Holt v. Cedyco Corp.
Whitaker v. Rose (Tex.App.- Houston [14th Dist.] Feb. 6, 2007)(Anderson) [PI-auto, restricted appeal, no answer default judgment] AFFIRMED AS MODIFIED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson (Before Justices Anderson, Edelman and Frost) 14-04-01178-CV Marcus Dunte Whitaker v. Lois Rose, John Rose Jr., and John Rose III Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R.Jack Cagle)
KF Group, Inc.v Valdez (Tex.App.- Houston [14th Dist.] Feb. 1, 2007)(per curiam dismissal) DISMISSED: Per Curiam [DWOP] Before Justices Frost, Seymore and Guzman 14-06-01074-CV KF Group, Inc. Texas, Et Al v. Edith G. Valdez, Et Al Appeal from County Civil Court at Law No 1 of Harris County (R. Jack Cagle)
State of Texas v. Reina (Tex.App.- Houston [14th Dist.] Feb. 20, 2007)(Frost) (condemnation proceeding) AFFIRMED: Opinion by Justice Frost Before Justices Anderson, Edelman and Frost 14-05-00080-CV The State of Texas v. Teri N. Reina, James D. Reina and Catherine L. Danna Appeal from Co Civil Ct at Law No 1 of Harris County (R. Jack Cagle)
Reule v. Carreon (Tex.App.- Houston [14th Dist.] Jan. 11, 2007)(per curiam dismissal) (affidavit of indigence) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00163-CV Christine E. Reule v. Estelle Carreon, Juanita Winchell, Et Al Appeal from County Civil Court at Law No 1 of Harris County (Judge R. Jack Cagle)
