For court location and contact info go to Official Webpage of the 281st District Court

Nov. 5, 2008: Governor picks replacement: New Judge of the 281 District Court Sylvia A. Matthews
(newly appointed judge)
September 10, 2008: AP reports resignation of Judge Bernal in late August - Successor to be appointed
by Governor Rick Perry; resignation too late for vancancy to be filling in November 2008 election.
Note: This bench was previously held by the Hon. Jane N. Bland, who is now a member of the First Court
of Appeals; see
Justice Jane Nenninger Bland  

Recent Appeals from cases in Judge Bernal's 281st District Court

West v. Triple B Services, LLP (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)
(
construction law, BoC, surety liability limited to face amount of bond)
AFFIRMED AS MODIFIED: Opinion by Justice Fowler  
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00082-CV        William G. West, Chapter 7 Trustee of Classic Contractors of Houston Ltd., and
Classic GP, L.L.C., and Western Surety Company v. Triple B Services, LLP
Appeal from 281st District Court of Harris County
Trial Court Judge:  David J. Bernal

The Kroger Co. v. Brown (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (negligence,
proportionate responsibility, damages award reduced)
AFFIRMED: Opinion by Justice Seymore  
Before Justices Fowler, Frost and Seymore
14-06-00510-CV The Kroger Co. v. Dan Brown
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal

Jack v. Holiday World of Houston (Tex.App.- Houston [1st Dist.] June 19, 2008)(Taft) (motor home
purchase, DTPA, mistrial, Batson challenge)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Keyes and Alcala
01-06-00816-CV Herbert L. Jack v. Holiday World of Houston, Forest River, Inc., Bank of America, N.A.
Appeal from 281st District Court of Harris County
Trial Court
Judge: Hon. David J. Bernal

Clear Lake City Water Authority v. Friendswood Development Co., Ltd (Tex.App.- Houston [14th Dist.]  
May 22,  2008)(Superseding opinion on rehearing by Frost) (
governmental entities, immunity waived)
AFFIRMED: Opinion by Justice Frost  
Before Justices Anderson, Fowler and Frost
14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd.
Appeal from 281st District Court of Harris County
Trial Court
Judge: David J. Bernal

Schafer v. Frost National Bank (Tex.App.- Houston [14th Dist.] May 22, 2008)(Frost) (fraudulent
representation) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost  
Before Justices Fowler, Frost and Seymore
14-06-00673-CV Susana Raquel Schafer and Cynthia Victoria Lentino, Marta A. Lentino Individually,
Marta A. Lentino as Assignee of Fabiola Vanesa Lentino, Michelle M. Lentino, Natalia Lentino, The
Eduardo P. Lentino Childrens Trust Fund and agent of Maria Raquel Lentino v. Frost National Bank f/k/a
Cullen Center Bank and Trust
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal

Edascio, LLC v. NextiraOne, LLC (Tex.App.- Houston [1st Dist.] May 22, 2008)(Jennings)
(commercial law, breach of contract, JNOV,
parol evidence rule bars introduction of evidence to prove
claim) AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00362-CV Edascio, L.L.C. v. NextiraOne, L.L.C.
Appeal from 281st District Court of Harris County
Trial Court
Judge: Hon. David J. Bernal Attorneys: Stephen G. Tipps, James J. Ormiston,  D. Scott Funk,
Jennifer Kingaard | Attorney Sean Gorman, James E. Doyle

Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)
(HCLC, MedMal, sufficiency of expert report)
AFFIRMED: Opinion by Justice Boyce
14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo,
Individually and as Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo,
Sofia Angelo, Arthur Angelo, Sr. and Connie Angelo
Appeal from 281st District Court of Harris County
Trial Court Judge: David J. Bernal

DISMISSED: Per Curiam (Mar. 6, 2008)
Before Justices Brock Yates, Guzman and Brown
14-07-01088-CV Steam Way Services a/k/a Steam Way Inc., and Hamid Nikou v. Pat Dean
Appeal from
281st District Court of Harris County (Judge's name not shown on docket)

Findley-Smith, MD v. Smith (Tex. App. - Houston [1st Dist.] Feb. 28, 2008)(Keyes)
(
HCLC, medmal, expert report, denial of motion to dismiss affirmed)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-07-00360-CV Joi M. Findley-Smith, M.D. and Peggy Taylor, M.D., P.A. v. Holly Smith and Husband,
Christopher Smith, Individually and A/N/F of Cameron Smith, a minor
Appeal from 281st District Court of Harris County (Judge David J. Bernal)

Clear Lake City Water Authority v. Friendswood (Tex.App.- Houston [14th Dist.] Feb. 12, 2008)(First,
superseded, opinion by Frost) (
governmental immunity, breach of contract, Tooke progeny)
REVERSED AND RENDERED: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-07-00096-CV Clear Lake City Water Authority v. Friendswood Development Company, Ltd.
Appeal from 281st District Court of Harris County (Judge David J. Bernal)

Design Electric v. Cadence McShane Corp.  (Tex.App.- Houston [14th Dist.] Jan. 24, 2007)(per curiam)
(substitute opinion vacating judgment pursuant to settlement and joint motion to dismiss)
VACATED AND DISMISSED: Per Curiam
Before Justices Brock Yates, Edelman and Seymore
14-06-00703-CV Design Electric v. Cadence McShane Corporation
Appeal from 281st District Court of Harris County (Judge David Bernal)

DISMISSED: Per Curiam (settlement)
Before Justices Brock Yates, Fowler and Guzman
14-07-00746-CV
Concord Del Rio/Ost, Ltd. v. Toysha Armstrong--Appeal from 281st District Court of
Harris County

Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala)(DTPA, real estate, earnest money)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian
Appeal from 281st District Court of Harris County (Hon. David J. Bernal)

Design Electric v. Cadence McShane Corp. (Tex.App.- Houston [14th Dist.] Oct. 30,
207)(Seymore)(
construction contract, unclean hands)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00703-CV Design Electric v. Cadence McShane Corporation
Appeal from 281st District Court of Harris County (Hon. David Jorge Bernal)

Walgreen Co. v. Hieger (Tex.App.- Housotn [14th Dist.] Oct. 11, 2007)(Yates)(HCLC, expert report)
REVERSED AND REMANDED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Frost and Seymore
14-06-00962-CV Walgreen Company v. Cynthia Hieger and Roy C. Heiger, Both Individually and as next
friend of David C. Heiger, A Minor
Appeal from 281st District Court of Harris County (Judge David J. Bernal)
Dissenting Opinion by Justice Seymore

Lentino MD v. Frost National Bank (Tex.App.- Houston [14th Dist.] Aug. 2, 2007)(Anderson)(bill of review)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Edelman
14-05-01179-CV        Eduardo P. Lentino M.D., Individually, Eduardo P. Lentino, M.D. Assignee of Jorge
A. Lentino, M.D. and Marta A. Lentino v. Frost National Bank , F/K/A/ Cullen Center Bank and
Trust--Appeal from 281st District Court of Harris County (Judge David J. Bernal)

Ritchie v. Dr. Yazdi, Apple Dentists, PLLC (Tex.App.- Houston [14th Dist.] May 22, 2007)(Yates)
(HCLC,
dentist malpractice, negligence, no DTPA against physician, interest on judgment]
AFFIRMED AS MODIFIED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-05-01232-CV Lycett Ritchie v. Dr. Neshat Yazdi, Apple Dentists, PLLC & Dr. Fatemah Bijan
Appeal from 281st District Court of Harris County (David J. Bernal)

Barrick v. Washington Mutual (Tex.App.- Houston [14th Dist.] Apr. 26, 2007)(Hudson)
(defective appellate brief)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson)
14-05-01220-CV        E.W. "Bill" Barrick; d/b/a Barrick Enterprises; and d/b/a Barrick Insurance Agency v.
Washington Mutual--Appeal from 281st District Court of Harris County (Judge David J. Bernal)

City of Mont Belvieu v. Enterprise Products Operating LP (Tex.App.- Houston [14th Dist.] Feb. 27,
2007)(Seymore)
REVERSED AND REMANDED: Opinion by Justice Seymore
(Before Justices Fowler, Frost and Seymore)
14-05-01197-CV        City of Mont Belvieu, Texas v. Enterprise Products Operating, LP
Appeal from 281st District Court of Harris County
Hon. David Bernal
[Former] 281st District Court Judge in Harris County, Texas
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