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SOME APPEALS FROM JUDGE LUCCI-SMITH'S COURT
Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] Dec. 3,
2009)(Bland) (construction law, nonpayment claim for services, quantum meruit, unjust
enrichment, sworn account, JNOV)(insufficient record for appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00605-CV Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones
Coffee House Inc. and Dry Bones Coffee House
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci-Smith
In re Houston Auto M. Importers North, Ltd. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)
(Radack) (Mandamus granted re: order denying motion to compel arbitration)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00625-CV In re Houston Auto M. Importers North, LTD. D/B/A Mercedes-Benz of
Houston North Appeal from 133rd District Court of Harris County
Trial Court Judge: Jaclanel M. McFarland
Bejjani v. TRC Services, Inc. (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce)
(DTPA car repair, foreclosure of mechanic's lien, segregation of attorney’s fees)
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Frost and Boyce
14-08-00750-CV Khalil Bejjani, Individually and dba Bejjani Enterprises, Inc., and dba Bejjani
Automotive Group, Inc., and dba Toyex Bimmer Sales & Services and dba Toyex/Bimmer;
Bejjani Enterprises, Inc., Individually, Et al v. TRC Services, Inc.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci-Smith
City of Houston v. HS Tejas, Ltd. (Tex.App.- Houston [1st Dist.] Oct. 22, 2009)(Massengale)
(inverse condemnation, regulatory takings claim, plea to the jurisdiction proper, ripeness issue,
opportunity to amend)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS: Opinion by Justice Massengale
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00393-CV City of Houston v. HS Tejas, Ltd
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Court of Appeals Confirms that Credit Card Debt Suits Is Not Viable as Sworn Account Suit
Resurgence Financial, LLC v. Lawrence (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack)
(credit card debt suit not properly brought as sworn account suit under Rule 185, damages not
proven)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00341-CV Resurgence Financial, L.L.C. v. James T. Lawrence
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Simmons v. Hollyview Apartments (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)
(eviction appeal, attorneys fees in forcible entry and detainer case)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Terry Jennings
Before Justices Jennings, Higley and Sharp
01-08-00231-CV Gregory Simmons v. Hollyview Apartments
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Lefoumba v. Legend Classic Homes, Ltd (Tex.App.- Houston [14th Dist.] Sep. 17, 2009)
(Sullivan) (challenge to arbitration award that reduced attorney's fees rejected) )(confirmation /
modification / vacature of arb award)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00243-CV Claude Lefoumba v. Legend Classic Homes, LTD and Legend Home Corp.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci-Smith
Schuring v. Kingwood Horsemen's Association (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)
(Bland) (no jurisdiction over further appeal from eviction appeal to county court from JP court
involving nonresidential premises, here horse stall)
DISMISS APPEAL: Opinion by Justice Bland
Before Justices Keyes, Hanks and Bland
01-08-00760-CV Thomas G. Schuring, Rose Schuring v. Kingwood Horsemen's Association
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Midland Funding, LLC v. Chafi (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)
(debt suit; per curiam dismissal per settlement)
DISMISSED: Per Curiam
Before Justices Seymore, Brown and Sullivan
14-09-00504-CV Midland Funding, LLC v. Fariborz Chafi
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci-Smith
Summary Judgment in HOA Suit Reversed: Association failed to prove damages and
attorneys fees McGlown v. Ashford Park (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Bland)
(home owners association not entitled to summary judgment; failure to prove damages and
attorney's fees, missing summary judgment exhibit)
attorney fee award in summary judgment proceeding not proper if amount disputed)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS:
Opinion by Justice Jane Bland
Before Justices Taft, Bland and Sharp
01-08-00619-CV Willie McGlown Jr. v. Ashford Park, et al.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Post-judgment Motion was not timely filed, and thus did not extend appellate deadline
Figueroa v. Davis (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Radack)
(untimley motion for new trial, notice of appeal, dismissal for lack of jurisdiction, DWOJ)
DISMISS APPEAL: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-01109-CV Maria C. Figueroa v. Edgar Davis
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
In re Nelson (Tex.App.- Houston [1st Dist.] Mar. 31, 2009)(per curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Alcala and Hanks
01-09-00249-CV In re Javanda Nelson
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Jacqueline Lucci Smith
Hanley v. DNW of Houston, Inc. (Tex.App.- Houston [1st Dist.] Mar. 19, 2009 (Keyes)
(contract claim)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Keyes
Before Justices Jennings, Keyes and Higley
01-07-00909-CV Ron Hanley v. DNW of Houston Inc.
Appeal from County Civil Ct at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Also see -> Older appellate decisions in cases from County Court CCCL#2
.
| Hon. Jacqueline Lucci Smith - Recent Appeals from the County Civil Court at Law No. 2 - CCCL#2 - Harris County www.houston-opinions.com |
| LUCCI-SMITH ON THE CAMPAIGN TRAIL (2010 reelection campaign) (in her own words) See --> Campaign web site, if any Candidate Lucci-Smith on Facebook Facebook photo and friends DEMOCRATIC PARTY PRIMARY CONTENDERS AND WOULD-BE OPPONENT(S) IN GENERAL ELECTION FOR THIS POSITION: Damian E. LaCroix (profile page) Cheryl Elliott Thornton (no web page found as of 7/22/09) Harris County Dems web page for CCCL Candidates |