[Former] Judge Caroline E. Baker | Recent Appeals from the 151st District Court

Recent appeals from cases in Judge Caroline Baker's Court

Said v. Maria Investment (pdf) (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Substituted opinion by
Bland)(special appearance appeal)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00962-CV Asif Said and Asma Said v. Maria Investment
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Straus v. Auto Management, Inc. (Tex.App.- Houston 1st Dist] Jan 28, 2010)(Radack)
(DWOP dismissal for want of prosecution reversed)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Higley
01-07-00158-CV Robert Straus d/b/a/ Bob Straus Photography v. Auto Management, Inc.
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Said v. Maria Investment (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(personal jurisdiction,
special appearance) The Saids contend that the trial court abused its discretion in granting the special
appearances. Holding that had no evidence properly before the trial court supports the special
appearances, we reverse the trial court’s orders.
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00962-CV Asif Said and Asma Said v. Maria Investment
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

HCAD v. Nunu (Tex.App.- Houston [14th Dist.] Aug. 27, 2009)(Seymore)(HCAD appeal,
court of appeals denies h omestead property tax exemption for percentage use of home as law office
(case submitted on agreed facts)
REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Seymore, Brown and Sullivan
14-08-00528-CV   Harris County Appraisal District and Harris County Appraisal Review Board
v. Paul E. Nunu Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker

GCI CP, LLC v. Stewart Title Guarantee (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)
(insurance coverage dispute, policy construction, cross-motions for summary judgment)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Taft
Before Justices Taft, Bland and Sharp
01-07-00372-CV GCI GP, LLC v. Stewart Title Guaranty
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Kyung Lee v. Kwik Industries, Inc. (Tex.App.-Houston [1st Dist.] Dec. 18, 2008)(Jennings)
(breach of contract, declaratory judgment, sj)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Jennings
Before Justices Jennings, Hanks and Bland
01-07-01003-CV Woo Kyung Lee and Jung Lee Jones Partnership v. Kwik Industries, Inc.
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Bake r

Ross v. Nicon Construction, Inc. (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)
(interlocutory appeal, special appearance , nonresident defendant, purposeful availment)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00228-CV Thomas A. Ross d/b/a RHI Claims Specialist v. Nicon Construction, Inc.
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Nguyen v. Barahona (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Jennings)
(personal injury, damages, workplace injury safety)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Jennings
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00454-CV Nga "Andy" Nguyen and Ching Enterprises, Inc. v. Doris Barahona
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce)
(City of Houston litigation, immunity to contract claim waived by statute)
AFFIRMED: Opinion by Justice Boyce
Before Justices Brock Yates, Guzman and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court Judge: Caroliine Elizabeth Baker

City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)
(city's immunity claim, waived for breach of contract by statute, City of Houston litigation)
AFFIRMED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00752-CV The City of Houston v. Petroleum Traders Corporation
Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker

Song v Alliance Laundry Systems, LLC (Tex.App.- Houston [14th Dist.] May 27, 2008)(Seymore)
(promissory note, appellate attorney's fees)
AFFIRMED AS MODIFIED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00049-CV Soon A. Song d/b/a Washateria E-Z and Kon Ho Song d/b/a Washateria E-Z v.
Alliance Laundry Systems, L.L.C. f/k/a Global Fox Financial, Inc.
Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker

Pena v. Je Matadi Dress Co. (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Keyes)
(intellectual property, patent assignment, duress)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-06-00632-CV Rebecca Pena v. Je Matadi Dress Company, Inc. and Sean Mehta
Appeal from 151st District Court of Harris County (Judge Caroline Baker)

Valentine v. Cunningham (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Jennings)
(attorney referral fee)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Keyes
01-07-00054-CV Michael J. Valentine v. Lloyd R. Cunningham, Jr.,
and Cunningham & Associates, P.C.
Appeal from 151st District Court of Harris County (Hon. Caroline Baker)

Summers v. Ameriquest Mortgage Co. (Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Fowler)(sj)
(real estate law, foreclosure, home owner case law, home equity loan)
AFFIRMED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00734-CV Kelly Lee Summers v. Ameriquest Mortgage Company
Appeal from 151st District Court of Harris County (Honorable Caroline Elizabeth Baker)

Gary E. Patterson & Associates, PC v. Holub No. 01-04-00108-CV (Tex.App.- Houston [1st Dist.] Jan.
10, 2008)(Taft)(validity of lien, suit for attorney's fees, settlement)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Hanks
Gary E. Patterson & Associates, P.C. and Gary E. Patterson v. Ronald W. Holub, et ux., Mary R. Holub,
and Houston Title Company, et al.
Appeal from 151st District Court of Harris County (Judge Caroline E. Baker)

Mott v. Red's Safe and Lock Services, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(DTPA,
products liability, warranty breach)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00823-CV Larry Gene Mott and Cheryl Ann Mott v. Red's Safe and Lock Services, Inc. d/b/a
Red's Hardware and Security, and Red's True Value Hardware
Appeal from 151st District Court of Harris County (Judge Caroline Baker)

Kipp v. KBR (Tex.App.- Houston ]1st Dist.] Nov. 8, 2007)(Radack)(premises liability, NE-MSJ)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00906-CV Steven Kipp and Karen Kipp v. Kellogg Brown & Root Services, Inc. f/k/a
Management Logistics, Inc., BRSP, Dyncorp Technical Services, LLC and Computer Science
Corporation
Appeal from 151st District Court of Harris County (Hon. Caroline Baker)

City of Pasadena v. Environmental Infrastructure Group, LP (Tex.App.- Houston [1st Dist.] Aug. 2,
2007)(Hanks)(local government law, breach of contract immunity, interlocutory appeal, ILA)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Hanks
(Before Judge Wilson, Justices Hanks and Bland)
01-07-00133-CV        City of Pasadena, Texas v. Environmental Infrastructure Group, LP, Kinsel
Industries, Inc. and Travelers Casualty and Surety Company of America, Crouch/KST Enterprises, LTD.
Appeal from 151st District Court of Harris County (Judge Hon. Caroline Baker)

Garza v. The City of Houston (Tex.App. - Houston [14th Dist.] Jul. 24, 2007)(Hudson)
(TTCA, sovereign and official immunity, lawsuits against City of Houston)
AFFIRM TRIAL COURT JUDGMENT - Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Guzman
14-06-00475-CV Raul G. Garza v. The City of Houston
Appeal from 151st District Court of Harris County (Judge Caroline Elizabeth Baker)

Iglesia Hispana Nueva Vida Houston, Inc. v. Rosin (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland)
(NE-MSJ, collateral estoppel, summary judgment, collateral estoppel)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00048-CV Iglesia Hispana Nueva Vida Houston, Inc. v. Adolfo Rosin
Appeal from 151st District Court of Harris County (Judge Hon. Caroline E. Baker)

Pye's Auto Sales,Inc v. Gulf State Finance Co. (Tex.App.- Houston [1st Dist.] May 31, 2007)(Nuchia)
(corporate veil, bizlaw, auto financing, individual capacity, DTPA claim)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Chief Justice Radack, Justices Taft and Nuchia
01-05-00670-CV Pye's Auto Sales, Inc., and Sidney T. Pey, III, a/k/a Sidney Pye v. Gulf States Finance
Company--Appeal from 151st District Court of Harris County (Hon. Caroline E. Baker)

Haynes v. Candle Light Hills Civic Ass’n (Tex.App.- Houston [14th Dist.] Apr. 5, 2007)(per curiam
dismissal)(nonpayment)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00055-CV        Theresa Haynes v. CandleLight Hills Civic Association
Appeal from 151st District Court of Harris County (no judge identified on appellate docket)

Jenkins v. Bowman (Tex.App.- Houston [14th Dist.] Feb. 22, 2007)(per curiam)
(dismissal, failure to serve, pro se prisoner suit)
AFFIRMED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00643-CV        James Jenkins v. Cheryl Bowman
Appeal from 151st District Court of Harris County (Judge not shown on appellate docket)

Kim v. Santos Nunes (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Nuchia)
(frivolous appeal sanctions imposed on attorney)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
(Before Justices Nuchia, Jennings and Higley)
01-05-00636-CV        Okjin Kim v. Santos Nunes
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Moser v. Junell (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Bland)
(legal malpractice, limitations, equitable tolling)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Bland
(Before Chief Justice Radack, Justices Alcala and Bland)
01-04-00078-CV Moser, Independent Administrator for Estate of Whitsett v. Junell, Jr. and Andrews &
Kurth L.L.P.--Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker

Ellwood Texas Forge Corp. v. Jones (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Fowler)
(workplace injury, negligence)
REVERSED AND RENDERED: Opinion by Justice Fowler
(Before Justices Fowler, Edelman and Frost)
14-05-00909-CV        Ellwood Texas Forge Corporation v. Bobby Jones and Kelly Jones
Appeal from 151st District Court of Harris County (Judge Caroline Elizabeth Baker)

Judge Katie Kennedy, former judge of the 151st District Court

Gilbane Building Co. v. Two Turner’s Electric Co.   (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)
(Anderson)
AFFIRMED: Opinion by Justice Anderson
(Before Justices Anderson, Hudson and Guzman)
14-05-00908-CV        Gilbane Building Company v. Two Turner's Electric Co. dba Turner Electric Co.
Appeal from 151st District Court of Harris County (Hon. Katie Kennedy)

THE INCUMBENT IN HER OWN WORDS	THE CHALLENGER IN HIS OWN WORDS
Caroline E. Baker, Republican 11 ½ years as trial judge. Graduate of Princeton and UT Law. Previously, partner in respected civil litigation firm. Board Certified. Serves on three State Bar Committees: Ethics, Jury Service, Pattern Jury Charge. President of TACTAS. “Trial Judge of the Year” by HPOU. See www.votejudgecarolinebaker.com	Mike Engelhart, Democrat Mike holds a BA from Michigan and a JD from UH Law Center where he was an editor of the Law Review. A 12 year partner in Engelhart & Greenwood, Mike has tried dozens of cases and successfully represented more than 1000 Texans in both state and federal courts.
WHEN SHOULD A JUDGE RECUSE?	WHEN SHOULD A JUDGE RECUSE?
Independent, disinterested, fair, and competent judges are the very cornerstone of American government. Constitutional Law, statutes and rules impose a duty on judges to recuse themselves in any proceeding in which their impartiality might reasonably be questioned or in which they have a personal bias, prejudice, or personal knowledge concerning the case	A judge should recuse him or herself whenever there is even the appearance of a conflict of interest over the subject matter, parties, or attorneys involved. Further, if the judge does not feel 100% capable of impartially presiding over a case, the judge should recuse him or herself whether asked to or not.
Source: LWV Voters Guide: Question to candidate	Source: L eague of Women Voters Guide: Candidate Q&A
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