Recent appeals from cases in Judge Caroline Baker's Court

Also see Appeals from cases heard by Judge Katie Kennedy, former presiding judge of the 151st Court

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. Baker

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)
Hon. Caroline E. Baker
[Former] 151st District Court Judge in Harris County, Texas
Houston Opinions
Houston Courts and Cases
Harris County Civil Courts and
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Harris County Civil Courthouse - Houston TX 77002
Judge Caroline Baker Campaign Poster 151st District Court Harris County TX

Also see --> Official web page of Judge Baker's 151st District Court (with photo and contact info)
2008 ELECTION CONTEST FOR THIS BENCH

                                           Republican incumbent
                                           Caroline Baker
                                             
                                 
          loses bench to

                                           Democratic Party Challenger Attorney  Mike Engelhart
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: League of Women Voters Guide: Candidate Q&A
More on the incumbent from the Harris County
GOP judicial re-election campaign web site:
Keep our Judges dot com
More on this candidate form the Harris County
Democratice Party judicial elections campaign web
site:
Judges for All dot com
2008 ELECTION OUTCOME: REP Caroline E. Baker  542,352 Votes 49.28%
DEM Mike Engelhart 558,168 Votes: 50.72%
See all Harris County Election Results

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  
Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)