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RECENT APPEALS FROM THIS TRIAL COURT

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Nov. 6,
2008)(opinion on rehearing by Radack)
(
attorney fee litigation, breach not excused)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV  Charlie C. Williams v. Freddie N. Jackson
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd

Hines v. JPMorgan Chase Bank NA (Tex.App.- Houston [14th
Dist.] Oct. 9, 2008)(per curiam) (appeal from commercial
eviction possession order not authorized, DWOJ)
DISMISSED: Per Curiam  
Before Justices Brock Yates, Seymore and Boyce
14-08-00707-CV Bernice H. Hines, d/b/a Krestmont Kiddie
College v. JPMorgan Chase Bank, N.A.,, Et Al.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:  Roberta Anne Lloyd

Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9,
2008)(Radack) (
attorney fee dispute, sworn account suit, no
duress, no excuse to payment of attorney's fees per agreement
)AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  

McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.]
Aug. 26, 2008)(
Boyce) (judgment in credit card debt suit
affirmed, contract, quantum meruit, attorney's fees, business
records affidavit held adequate, challenge overruled)
AFFIRMED: Opinion by Justice Boyce  
Before Chief Justice Hedges, Justices Anderson and Boyce)
14-07-00661-CV  Peggy S. McElroy v. Unifund CCR Partners
Assignee of America Online - Platinum
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Roberta Anne Lloyd  

Randall's Food and Drugs, LP v. Patton (Tex.App.- Houston
[1st Dist.] Aug 21,2008)(Radack)(
lease law commercial,
sublease, duty to mitigate damages, anticipatory repudiation)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack  
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00821-CV Randall's Food and Drugs, L.P. v. Bill Patton
d/b/a Linux Professional Group
Appeal from Civil County Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd  

Unifund CCR Partners v. Gellatly (Tex.App.- Houston [1st Dist.]
July 3, 2008)(Nuchia)
(
credit card suit based on deemed admissions, sufficiency of
summary judgment proof, breach of contract and quantum
meruit exclusive of each other)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia  
Before Justices Nuchia, Alcala and Hanks
01-07-00552-CV Unifund CCR Partners v. Sara Morgan
Gellatly
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Hon. Roberta A. Lloyd  

Ward v. Northamption MUD (Tex.App.- Houston [14th Dist.]
June 12, 2008) (Hedges) (easement dispute)
AFFIRMED: Opinion by Chief Justice Hedges  
Before Chief Justice Hedges, Justices Hudson and Boyce
14-07-00868-CV Robert Ward v. Northampton Municipal Utiity
District
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court
Judge: Roberta Anne Lloyd  

In Re Tina Benkiser, Republican Party of Texas (Tex.App.-
Houston [1st Dist.] June 9, 2008) (Jennings)
(
election mandamus on eve of party convention denied b/c
TRO set for contested hearing same day)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Terry Jennings  
Before Justices Taft, Jennings and Bland
01-08-00451-CV In re Tina Benkiser, Chairman, Republican
party of Texas, and The Republican Party of Texas
Appeal from County Civil Court at Law No 4 of Harris County
Trial court judge: Visiting Judge Tom Sullivan
Presiding judge:
Hon. Roberta Ann Lloyd (who was out of town
at the time TRO was granted, but returned in time to take up
the matter same day court of appeals denied relief)

Reed v. REO Properties Corp. (Tex.App.- Houston [1st Dist.]
May 22, 2008)(Alcala) (waiver of appeal, inadequate briefing)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-06-00637-CV Willis C. Reed v. REO Properties Corp.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd  
Representatives of parties: Appellant pro se Appellee: Attorney
Rex L. Kesler

Stelly v. Citibank (Tex.App.- Houston [14th Dist.] May 15,
2008)(Hedges) (
credit card debt suit, appeal mooted by trial
courts' grant of MNT) DISMISSED: Opinion by Chief Justice
Hedges  
14-07-00601-CV Diane T. Stelly v. Citibank (South Dakota) N.A.
Appeal from County Civil Court at Law No 4 of Harris County -
Trial Court Judge: Roberta Anne Lloyd  

Schmidt v. Bell (Tex.App.- Houston [1st Dist.] Apr. 3,
2008)(Bland) (motion for continuance denied, MSJ)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00161-CV Keith W. Schmidt v. Patsy Bell, V.P., et al.
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd

National Football League Players Inc. v. Balek's Bar-B-Q (Tex.
App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia)
(
bill or review, default judgment on breach of contract, BoC,
counterclaim)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT
IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Justice Nuchia
01-06-01106-CV National Football League Players
Incorporated and National Football League Players
Association v. Blake's Bar-B-Q, Inc.
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd  

Nayyer v. Greenbriar Place Maintenance  Ass'n (Tex.App.-
Houston [1st Dist.] Jan. 17, 2008)(Keyes) (
real estate law,
maintenance assessments)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-06-00566-CV Vijay K. Nayyer v. Greenbriar Place
Maintenance Association
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta A. Lloyd)

Spencer v. Prime Site, Inc. (Tex.App.- Houston [1st Dist.] Dec.
6, 2007)(Alcala)(towed car, SJ, fraud, evidence exclusion)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00738-CV Donald E. Spencer v. Prime Site, Inc.
Appeal from Co Crim Ct at Law No 4 of Harris County (Hon.
Roberta Lloyd)

Bibai v. Nguyen (Tex.App.- Houston [1st Dist.] Nov. 15,
2007)(Higley)(
PI auto, evidence, proof of negligence,
damages)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-07-00138-CV Charlotte Ngo Bibai and Imaobong Nda v.
Dom Kim Nguyen
Appeal from Co Civil Ct at Law No 4 of Harris County  (Hon.
Roberta Lloyd)

In Re Studio 8 Floors & Walls, Inc. (Tex.App.- Houston [14th
Dist.] Nov. 8, 2007)(per curiam)(
arbitration case mandamus,
motion to compel arbitration should have been granted)
MOTION OR WRIT GRANTED: Per Curiam
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00764-CV In Re: Studio 8 Floors & Walls, Inc
Appeal from Co Civil Ct at Law No 4 of Harris County (Roberta
Anne Lloyd)

DISMISS APPEAL: Per Curiam (joint motion to dismiss)
Before Justices Nuchia, Jennings and Keyes
01-07-00192-CV
Eye Plus Vision, Inc., a/d/a Pearl Vision, Inc.,
("Pearle") v. CHB Tract III, L.P., The State of Texas--Appeal
from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A.
Lloyd)

Tsertos v. Yammine (Tex.App.- Houston [14th Dist.] Oct. 18,
2007)(Hudson)(
construction law, mechanics and
materialman's lien, M&M lien)
REVERSED AND REMANDED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00769-CV John Tsertos and Dundas Holdings, Inc. v.
Yammine Gabriel Yammine, Et Al
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta Anne Lloyd)

Maguire Oil Co. v. City of Houston (Tex.App.- Houston [14th
Dist.] Oct. 11, 2007)(Seymore)(plea to the jurisdiction
reversed, ripeness, exhaustion,
City of Houston law suits)
REVERSED AND REMANDED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Guzman
14-05-01272-CV Maguire Oil Company Et Al v. The City of
Houston
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta Anne Lloyd)

Whitmire v. Greenridge Place Apartments (Tex.App.- Houston
[1st Dist.] Oct. 4, 2007)(Bland)(
lease law, forcible detainer)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00963-CV Michael Whitmire v. Greenridge Place
Apartments
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta A. Lloyd)


Aldridge v. Avara (Tex.App.- Houston [14th Dist.] Aug. 21,
2007)(Yates)
(breach of contract, sale of motor home)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Edelman and Frost
14-05-01283-CV Josephine Aldridge v. Jerry R. Avara
Appeal from Co Civil Ct at Law No 4 of Harris County (Roberta
Anne Lloyd)

Maguire Oil Company et al v. The City of Houston (Tex.App. -
Houston [14th Dist.] Jul. 24, 2007) (Seymore)(plea to the
jurisdiction, ripeness,
condemnation, takings claim)
Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Guzman
14-05-01272-CV Maguire Oil Company Et Al v. The City of
Houston
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge
Roberta Anne Lloyd)
Reversed and Remanded

Youn v. Emnora Hollister Realty Corp.(Tex.App.- Houston [1st
Dist.] Jul. 19, 2007)(Higley)
(
commercial real estate, earnest money contract)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00819-CV K. Casey Youn and Chan S. Youn v. Emnora
Hollister Realty Corp.
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta A. Lloyd)

Franklin v. Robert C. Banks (Tex.App.- Houston [1st Dist] Jun.
28, 2007)(Bland)(BoC, warranty)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
(Before Justices Nuchia, Hanks and Bland)
01-06-00818-CV Cleveland Franklin v. Robert C. Banks
Appeal from Co Civil Ct at Law No 4 of Harris County (Trial
court judge: Hon. Roberta A. Lloyd)

Evans v. MIPTT, LLC dba East Coast Buffet (Tex.App.- Houston
[1st Dist.] Jun 14, 2007)(
restaurant law suits, food poisoning
claim)
AFFIRM TC JUDGMENT: Opinion by Judge Wilson
Before Judge Wilson, Justices Keyes and Higley
01-06-00394-CV        Addie Evans v. MIPTT, LLC, d/b/a East
Coast Buffet
Appeal from Co Civil Ct at Law No 4 of Harris County (Hon.
Roberta A. Lloyd)

Stewart v. Unifund CCR Partners, LLC (Tex.App.- Houston [1st
Dist.] May 17, 2007)(per curiam dismissal, nonpayment for
record)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00157-CV
Rebecca Stewart v. Unifund CCR Partners,
LLC as Assignee of Palisades Collection LLC--Appeal from
Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne
Lloyd)

Motiva Enterprises LLC v. McCrabb (Tex.App.- Houston [1st
Dist.] May 17, 2007)(Jennings)(condemnation)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-06-00701-CV Motiva Enterprises, LLC v. Audeen McCrabb,
Norma Ann Euton, Connie Mendez, Tom Mendez, Kirk
McCrabb, Kathy McCrabb, Scott McCrabb, Sarah McCrabb,
Joseph McCrabb and Rebecca McCrabb--Appeal from Co Civil
Ct at Law No 4 of Harris County (Hon. Judge Roberta A. Lloyd)

In re Mid-Century Ins. Co. (Tex.App.- Houston [14th Dist.] Feb.
6, 2007)(per curiam)(
discovery order)
MOTION OR WRIT DENIED: Per Curiam
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-01115-CV        In Re: Mid-Century Ins
Appeal from Co Civil Court at Law No 4 of Harris County
(Judge Roberta Anne Lloyd)

Yadzchi v. Chesney (Tex.App.- Houston [14th Dist.] Jan. 30,
2007)(Hedges)
[
home owner law, condo association, unjust enrichment,
conversion, fraud]
AFFIRMED: Opinion by Chief Justice Hedges
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-05-00817-CV        Abbas Yadzchi, Et Al v. William S.
Chesney, III, Et Al
Appeal from Co Civil Ct at Law No 4 of Harris County (Judge
Roberta Anne Lloyd)

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