Link to official web page for this court: 215th District Court (with photo of Judge Levi Benton)

Recent Appeals from cases in Judge Levi Benton's 215th District Court

In re Reichert (Tex.App.- Houston [14th Dist.] Sep. 22, 2008)(per curiam)
(Mandamus in
denial of motion for continuance denied)
MOTION OR WRIT DENIED: Per Curiam  
Before Chief Justice Hedges, Justices Anderson and Boyce
14-08-00870-CV        In Re Russell Reichert, David Eymard and Robert Ostos
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton  

Browning-Ferris Industries, Inc. v. United States Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 28,
2008)(Hedges) (sealing order)
REVERSED AND RENDERED: Opinion by Chief Justice Hedges  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-01080-CV        Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc. v. United States
Fire Insurance Company and TIG Insurance Company
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

In re Browning-Ferris Industries, Inc.  (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Hedges)
(
discovery mandamus denied, motion to compel)
MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-00899-CV        In Re: Browning-Ferris Industries, Inc. and Azusa Land Reclamation, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi James Benton        

In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown)
(
discovery mandamus denied, order of protection, privilige claim waived)
MOTION OR WRIT DENIED: Opinion by Justice Brown  
Before Justices Brock Yates, Guzman and Brown
14-08-00457-CV In Re: Heide Ortuno, Individually and as next friend of J.O. a minor child
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

BancorpSouth Bank v. Prevot (Tex.App.- Houston [14th Dist.] May 22, 2008)(Subst. op. by Seymore)
(
foreign judgment enforceable in Texas, UEFJA, jurisdiction in Texas)
REVERSED AND RENDERED: Opinion by Justice Seymore  
Before Justices Brock Yates, Edelman and Seymore
14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

HCAD v. Shell Oil Co. (Tex.App.- Houston [14th Dist.] May 22, 2008)(Hedges)
(
tax exemption, FTZ exemption, jurisdictional dispute)
AFFIRMED: Opinion by Chief Justice Hedges  
(Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy)
14-07-00106-CV Harris County Appraisal District v. Shell Oil Co.
Appeal from 215th District Court of Harris County
Trial Court
Judge: Levi James Benton

Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala) (TTCA, defamation, dismissal of
employee)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer
Center v. Ke-Ping Xie, M.D., Ph.D.
Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton  

In Re Heidi Ortuno (Tex.App.- Houston [14th Dist.] May 6, 2008)(per curiam) (discovery, nonparty, expert
report, privilege, TRCP 193.3, snap-back)
MOTION OR WRIT DENIED: Per Curiam  
Before Justices Brock Yates, Guzman and Brown
14-08-00227-CV In Re Heidi Ortuno, Individually and As Next Friend Of J. O.
Appeal from 215th District Court of Harris County
Trial Court Judge:  Levi James Benton

Dixon Financial Services Ltd. v. Greenberg, Peden, Siegmyer & Oshman, PC (Tex.App.- Houston [1st
Dist.] Mar. 20, 2008)(Higley) (commercial, financial litigation)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden,
Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton

Ronald Lee Alexander v. Duer (Tex.App.- Houston [1st. Dist.] Mar. 13, 2008)(Hanks)
(
Pre-suit discovery, Rule 202 deposition, ILA not authorized, DWOJ)
DISMISS APPEAL: Opinion by Justice Hanks
01-06-00256-CV Ronald Lee Alexander
Appeal from 215th District Court of Harris County
Trial court judge: Hon. Levi Benton

McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston, March 6, 2008)(Alcala)
(
employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will)  
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc.
Appeal from 215th District Court of Harris County
Trial Court Judge: Hon. Levi J. Benton

Bancorp South Bank v. Prevot (Tex.App. - Houston [14th Dist.] Feb. 26, 2008)(Seymore)
(
domestication and enforcement of foreign judgments, UEFJA)
REVERSED AND RENDERED: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00302-CV BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Prevot
Appeal from 215th District Court of Harris County (Judge Levi Benton)

Sanjar v. Turner (Tex.App.- Houston [14th Dist.] Feb. 19, 2008)(Yates)(HCLC, expert reports sufficient)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Fowler and Guzman
14-07-00545-CV Mansour Sanjar, M.D., and Ted W. Krell, M.D. v. Augustine Turner, Lionel Coleman, Sr.,
Ronniqua D. Coleman, and Laporscha Coleman, As Heirs and Representatives of the Estate of Karen
Yvette Green--Appeal from 215th District Court of Harris County (Judge Levi James Benton)

Cantu v. Grossman (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Seymore)(venue rules, foreign
judgment, MTV)
REVERSED AND REMANDED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-06-00078-CV Mark A. Cantu v. Howard S. Grossman, P.A.
Appeal from 215th District Court of Harris County (Honorable Levi James Benton)
Dissenting Opinion by Justice Frost  

Davis v. Webb (Tex.App.- Houston [14th Dist.] Jan. 22, 2007) (HCLC, expert report)
AFFIRMED: Opinion by Justice Guzman
Before Price, Chief Justice Hedges, Justice Guzman
14-07-00331-CV William Davis v. John Q.A. Webb, Jr., M.D.
Appeal from 215th District Court of Harris County (Hon. Levi Benton)
Concurring Opinion by  Price

In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Dec. 19, 2007)(Seymore)(arbitration)
GRANTED IN PART AND DENIED IN PART: Opinion by Justice Seymore
Before Justices Brock Yates, Frost and Seymore
14-07-00501-CV In Re: Weeks Marine, Inc.
Appeal from 215th District Court of Harris County (Hon. Levi James Benton)

Dixon Financial Services, Ltd. v. Greenberg, Peden Sigmyer & Oshman, PC (Tex.App.- Houston [1st Dist.]
Nov. 15, 2007)(Higley)(
arbitration award, severance)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Taft, Hanks and Higley
01-06-00696-CV Dixon Financial Services Ltd., and Hyperdynamics Corporation v. Greenberg, Peden,
Siegmyer & Oshman, P.C., Gerald Siegmyer, Ron Bearden, and R. F. Bearden Associates, Inc.
Appeal from 215th District Court of Harris County (Judge Levi J. Benton)

John Hopkins Univ. v. Nath, M.D. (Tex.App.- Houston [14th Dist.] Sep. 25, 2007)(Fowler)
(
defamation, tortious interference, special appearance, personal jurisdiction)
AFFIRMED IN PART;
REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-01083-CV The Johns Hopkins University v. Rahul K. Nath, M.D.
Appeal from 215th District Court of Harris County (Hon. Levi James Benton, District Judge)

Lowell v. City of Baytown, Texas (Tex.App.- Houston  [1st Dist.] Aug. 9, 2007, pet. (MET) filed)(Nuchia
(
firefighter litigation, dismissal for lack of jurisdiction)
AFFIRM TC JUDGMENT IN PART,
REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by Justice Nuchia
(Before Justices Nuchia, Jennings and Higley)
01-04-00548-CV        Keith Lowell; Ferrel J. Angelle; Bill Baylis; James Burgess; Robert Burlin; Thomas
Carr; Gilbert Contreras; David Cox; Jeff Daigle; James T. Datillo, Sr.; Richard S. Domask; W.A. Domask;
Daniel J. Dubiel; Ralph Feniello; Rodney Foster; Gaston Gagne; et al v. City of Baytown, Texas
Appeal from 215th District Court of Harris County (Hon. Levi Benton)

Webworld Marketing Group, L.L.C. v. Tommie Thomas, No. 01-04-00749-CV (Tex.App.- Houston [1st
Dist.] Aug. 2, 2007)(Opinion by Justice Hanks)(SOB regulation, zoning)
Before Justices Nuchia, Keyes and Hanks
Appeal from 215th District Court of Harris County
Trial court judge: Hon. Levy Benton
01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas
Appeal from 215th District Court of Harris County (Honorable Levy Benton)

Keyes' separate opinion in Webworld Marketing Group, LLC v. Thomas (Tex.App.- Houston [1st Dist.]
Aug. 2, 2007)(separate opinion by Keyes)(SOB regulation)
OPINION
CONCURRING IN PART WITH, AND DISSENTING IN PART TO, THIS COURT'S JUDGMENT:
Concurring and Dissenting Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Hanks
01-04-00749-CV        Webworld Marketing Group, L.L.C. v. Tommie Thomas
Appeal from 215th District Court of Harris County (Judge Levy Benton)

Aspenwood v. Link (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Superseding opinion by Hanks)
(special exceptions, tortious interference, malicious prosecution, abuse of process, section 1983 claim)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
Before Justices Taft, Alcala and Hanks
01-05-00555-CV Jack Yetiv and Aspenwood Apt. Corp. v. Beatrice Link and Heley Huey
Appeal from 215th District Court of Harris County (Trial court judge: Hon. Levi J. Benton)

Madison v. Williamson (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Bland)
(sexual assault liability, negligence, damages cap)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00678-CV Saskia Madison, a/n/f of M.M., A Minor v. Waren Reid Williamson, et al.
Appeal from 215th District Court of Harris County (Hon. Levi J. Benton, District Court judge)

Goss v. Kellogg Brown and Root, Inc. (Tex.App.- Houston [14th Dist.] Aug. 16, 2007)(Edelman)(personal
injury,
industrial accident, explosion)
AFFIRMED: Opinion by Justice Edelman
Before Justices Anderson, Edelman and Frost
14-05-00050-CV Armon Alan Goss and Theresa Ann Goss, Bryan Hall, Carol Hall , sean Hall, Shane Hall,
Roby G. Plemons, Karne Plemons, Jessica Plemons, Jeffery C. Kuper, Diane Kuper, Sarah Kuper, Erin
Kuperl & Pacific Employers Ins. Co. v. Kellogg Brown and Root Inc., individually and as successor in
interest to the M.W. Kellogg Company
Appeal from 215th District Court of Harris County (Judge Levi James Benton)
Concurring Opinion by Justice Frost  

Memorial Hermann Healthcare Systems v. Burrell (Tex.App.- Houston [14th Dist.] Jun. 28,
2007)(Anderson)(
health care liability claim, HCLC, ILA)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Edelman and Frost
14-05-01028-CV Memorial Hermann Healthcare Systems d/b/a Memorial Hermann Southwest Hospital,
and Dr. Dominic Sreshta v. Vincent Burrell a/n/f Kathie Whitfield
Appeal from 11th District Court of Harris County  (Judge: Hon. Levi James Benton)

Mathis v. Restoration Builders, Inc. (Tex.App.- Houston [14th Dist.] May 22, 2007)(Fowler)(negligence
premises,
premises liability, negligence, res ipsa loquitur, causation, NE-MSJ]
REVERSED AND REMANDED: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Frost
14-05-00996-CV George Mathis, Jr. v. Restoration Builders, Inc
Appeal from 215th District Court of Harris County (Judge Levi James Benton)
Justice
Edelman dissented in Mathis v. Restoration Builders, Inc.

Bundage v. Attaway (Tex.App.- Houston [1st Dist.] May 17, 2007)(per curiam dismissal)(notice of appeal
late, no timely post-judgment motion)
DISMISSED: Per Curiam
Before Justices Anderson, Fowler and Frost
14-07-00135-CV Louis Charles Bundage v. Lela Mae Attaway
Appeal from 215th District Court of Harris County

Chicago Title Co. v. Home Loan Corp. (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Edelman)
[
real estate closing dispute, breach of fiduciary duty, fraud, BoFD, error preservation]
AFFIRMED AS MODIFIED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-04-01059-CV        Chicago Title Insurance Company v. Home Loan Corporation d/b/a Expanded
Mortgage Credit--Appeal from 215th District Court of Harris County (Judge Levi James Benton)
215th District Court Judge Race in Harris County, Texas
Incumbent Levi Benton v. Steven Kirkland
Houston Opinions
Harris County Civil District
Courts and Judges (Non-family)
11         Judge Mark Davidson  
55         
Judge Jeff Shadwick (new)
55         Judge Jeff Brown (formerly)
61         Judge John Donovan
80         Judge Lynn Bradshaw-Hull
113         Judge Patricia Hancock
125         Judge John Coselli
127         Judge Sharolyn Wood
129         Judge Grant Dorfman
133         Judge Lamar McCorkle
151         Judge Caroline E. Baker
152         Judge Kenneth Wise
157         Judge Randall Wilson
164         Judge Martha Hill Jamison
165         Judge Elizabeth Ray
189         Judge Bill Burke
190         Hon. Jennifer W. Elrod
(formerly)
190         
Judge Patricia Kerrigan (new)
215         Judge Levi Benton
234         Judge Reece Rondon
269         Judge John T. Wooldridge
270         Judge Brent Gamble
280         Judge Tony Lindsay
281         Judge David J. Bernal
295         Judge Tracy E. Christopher
333         Judge Joseph James Halbach
Jr.
334         Judge Sharon McCally
Harris County Civil Courthouse - Houston TX 77002
Judge Levi Benton Campaign Billboard on SW Fwy Houston Texas 215th District Court Judicial Election Race

Link to official web page for this court: 215th District Court (with photo of Judge Levi Benton)

                                                         2008 ELECTIONS: Benton vs. Kirkland

                                                         Republican incumbent: Judge Levi Benton [click name for bio]
                                                         Judge Benton does not appear to have a campaign website;
                                                         He is one of a few Harris county judicial candidates who have
                                                         resorted to billboard advertising this election season.
                                                         
Appellate Record: Judge Benton has posted his own list of
                                                         
cases appealed from his court on his court's web page.
                                                         The Houston Chronicle recommends Benton for re-election
                                                         in the general election.
                                                        Two Democrats vied to challenge Levi Benton
                                                        Attorney Fred Cook  and Municipal Judge
                                                        
Steve Kirkland a/k/a Steven E. Kirkland   
THE INCUMBENT (no message)
THE CHALLENGER IN HIS OWN WORDS
[Visible but
keeping mum -
and letting the
record speak
for itself?]
Steven E. Kirkland, Democrat
I have six years judicial experience, seventeen years
legal experience, both as plaintiff and defendant,
which gives me the unique perspective to be a
balanced and fair. After leaving Texaco, I had my
own practice before becoming a Municipal Judge. BA
from Rice, JD from University of Houston.
WHEN SHOULD A JUDGE RECUSE?
WHEN SHOULD A JUDGE RECUSE?
Levi J. Benton, Republican – No response
received
by League of Women Voters

Source:
LWV Voters Guide: Question to candidates
The issue is fairness, in fact and in perception. The
law sets out minimum standards requiring recusal
when the Judge has a close personal, family or
business relationship with any of the litigants.
Beyond that, the Judge should recuse if the Judge
believes he cannot be fair or if presiding over a case
creates the appearance of impropriety.
  Source: League of Women Voters Guide: Candidate Q&A
More on the incumbents from the Harris County
GOP judicial re-election campaign web site:
Keep our Judges dot com (Levi Benton
omitted)
More on this candidate form the Harris County
Democratice Party judicial elections campaign web
site:
Judges for All dot com
Hon. Levi Benton - Recent Appeals from the
215th District Court Judge in Harris County, Texas
2008 ELECTION OUTCOME:
REP Levi J. Benton 533,568 Votes: 48.70% -  DEM Steven E. Kirkland 62,135 Votes: 51.30%
See all Harris County Election Results