| Hon. Jeff Brown [Former] Judge of the 55th District Court in Harris County, Texas |
Dec. 21, 2007 - Governor Rick Perry appoints Hon. Jeff Brown to the
Fourteenth Court of Appeals to replace Justice Harvey Hudson
Hon. Jeffrey Vincent Brown aka Judge Jeff Brown, former district court judge of the 55th
District Court in Harris County, Houston, TX
The current Judge of this court: Hon. Jeffrey Shadwick,
appointed by Governor Perry January 2, 2008. Judge Shadwick was defeated in the 2008 elections
Court location for 55th District Court, 201 Caroline, 9th Fl. Houston, TX 77002
For contact Information including telephone number go to the
Official web page for the 55th District Court of Harris County
Judge Brown is now a member of the Fourteenth Court of Appeals (Houston)
He narrowly won the contested election for the unexpired term on the bench to which he was
appointed by the Governor
Also see ---> Judge Jeff Brown's curriculum vitae CV resume
Houston Opinions web page for Justice Jeff Brown (profile and opinions)
Recent Appeals from cases in the 55th District (Judge Jeff Brown)
Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade, Dynegy GP, Inc.,
(pdf) (Tex.App.- Houston [14th Dist.] Dec. 22, 2009)(Sullivan)(oil and gas law, commercial contract
dispute, direct vs. consequential damages)
This commercial dispute arises from a natural-gas seller’s failure to deliver an agreed quantity of gas to the
purchaser, appellant Cherokee County Cogeneration Partners, L.P. (“Cherokee”). The seller, appellee Dynegy
Marketing and Trade,[1] successfully moved for summary judgment by arguing Cherokee seeks only
consequential “lost profits” damages disclaimed by the parties’ contract. We hold Cherokee has alleged
compensable direct damages under the contract. Therefore, we reverse and remand. ... because the damages
Cherokee seeks under Section 5.2 represent direct, not consequential damages, they are not disallowed by
Section 5.4. Accordingly, Cherokee has pleaded compensable damages in its suit against Dynegy, and the trial
court’s summary judgment therefore must be reversed.
REVERSED AND REMANDED: Opinion by Justice Sullivan
Before Chief Justice Hedges, Justices Hudson and Sullivan)
14-08-00086-CV Cherokee County Cogeneration Partners, LP v. Dynegy Marketing and Trade,
Dynegy GP, Inc., DMT Holdings, LP, DMT G.P., LLC and Chevron U.S.A. Inc.
Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Brown
Ryals v. Ogden (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (Boyce)
(temporary injunction appeal, multiple proceedings in different courts, unclean hands doctrine
inapplicable, res judicata does not apply, other court did not have jurisdiction, collateral attack on
prior judgment).
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Frost and Boyce
14-07-01008-CV Kenneth Ryals, Managing Trustee of East Texas Investment Trust v. Lisa
Ogden, Steven Gayle and Wayne Westbrook
Appeal from 55th District Court of Harris County
Trial Court Judge: Judge (now Justice) Jeffrey V. Brown
Langston v. City of Houston (Tex.App.- Houston [14th Dist.] Aug. 6, 2009) (Frost)
(bill of review denied, tax suit, failure to avail oneself of available remedies, i.e. direct appeal
precludes bill-of-review relief, claim of fundamental error rejected)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Seymore and Boyce
14-08-00063-CV C. Dale Langston and Sue Langston v. City of Houston, Harris County,
Pasadena Independent School District and San Jacinto Community College
Appeal from 55th District Court of Harris County
Trial Court Judge: Jeff Brown
Horizon Offshore Contractors, Inc. v. Aon Risk Services of Texas, Inc.
(Tex. App. – Houston [14th Dist.] Mar. 12, 2009)(Frost) (breach of fiduciary duty,
election of remedies, judicial estoppel)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-07-00549-CV Horizon Offshore Contractors, Inc. and Horizon Vessels, Inc. v. Aon Risk
Services of Texas, Inc.,
Appeal from 55th District Court of Harris County
Trial Court Judge: Justice Jeffrey V. Brown
Basey v. DaVita, Inc. (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Seymore)
(employment dispute, disability discrimination, retaliation, sj for defendant affirmed)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Hudson and Seymore
14-07-00925-CV Latoya Basey v. Davita Inc., d/b/a Total Renal Care, Nelda Boatwright and
Fresenius Medical Care Holding Inc., d/b/a Fresenius Medical Care North America d/b/a Northwest
Houston Dialysis, and Biomedical Applications of Texas, Inc.
Appeal from 55th District Court of Harris County
Trial Court Judge: Justice Jeffrey V. Brown
Post-Answer Default Judgment Should Have Been Set Aside; Denial of Motion for New
Trial Reversed Ashworth v. Brzoska (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Brown)
(post-answer default judgment, no notice of trial setting, denial of motion for new trial reversed)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00239-CV Douglas Ashworth v. Richard Brzoska
Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison
Chau v. Riddle, MD (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Hanks) (opinion on remand)
(HCLC, botched intubation of newborn)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Hanks
Before Justices Nuchia, Keyes and Hanks
01-04-00551-CV Thao Chau and Ha Dien Do, Individually and as next friend of their minor child,
Steven Dien Do v. Jefferson Riddle, M.D., and Greater Houston Anesthesiology, P.A.
Appeal from 55th District Court of Harris County
Trial Court Judge: Hon. Jeffrey Brown
GP II Energy, Inc. v. Chamberlain, Hrdlicka, White, Williams & Martin (Tex.App.- Houston [1st Dist.]
Aug. 26, 2008)(Frost)(fraud, breach of fiduciary duty, escrow agent, non-disclosure)
AFFIRMED: Opinion by Justice Frost
Before Justices Fowler, Frost and Seymore
14-07-00237-CV GP II Energy, Inc., George Mitchell, II and Brian M. Sirgo v. Chamberlain,
Hrdlicka, White, Williams & Martin, and Brian L. Gennity
Appeal from 55th District Court of Harris County
Trial Court Judge: Justice Jeff Brown
Capital Finance & Commerce AG v. First International Oil (Tex.App.- Houston [1st Dist.] May 22,
2008)(Radack) (foreign defendant, personal jurisdiction, interlocutory appeal of special
appearance) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Hanks and Higley
01-06-00822-CV Capital Finance & Commerce AG v. First International Oil Corporation n/k/a First
International Oil Co., Ltd; FIOC Holder Representative, L.L.C.; Daniel Idzal; Bill D. Holland; Dennis
B. Tower; and Sinopec Overseas Oil & Gas, Ltd.--Appeal from 55th District Court of Harris County
Trial Court Judge: The Honorable Jeffrey Vince Brown
Attorneys: Attorney John E. O'Neill, Reagan D. Pratt, Maria Wyckoff Boyce , Rebeca Aizpuru
Huddle, Rosemarie Donnelly, Sylvia A. Matthews, Joe C. Holzer, Kendall M. Gray Joe C. Holzer
Astolfo v. Hobby Lobby Stores, Inc. (Tex.App.- Houston [1st Dist.] May 22, 2008)(Taft) (premises
liability, store, falling objects)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala)
01-06-00486-CV Patricia Astolfo and Harry Astolfo v. Hobby Lobby Stores, Inc.
Appeal from 55th District Court of Harris County
Trial Court Judge: Hon. Jeffrey Brown
Attorneys: Nuru Lateef Witherspoon, David L. Pacione
DISMISSED: Per Curiam (joint motion to dismiss; settlement) (Mar. 6, 2008)
Before Justices Brock Yates, Fowler and Guzman
14-07-00668-CV Gregory A. Buford, Gulf Coast Demolition Services, L.P., and Buford & Connell
Construction Services, Inc. v. Partners Bank of Texas
Appeal from 55th District Court of Harris County (Judge [now Justice] Jeff Brown)
Ebrahim v. Middlebury Properties, II (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Nuchia) (lease
law, Property Code, preservation of error, trial court record)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
01-06-01175-CV Lisha Ebrahim v. Middlebury Properties, II, L.P.
Appeal from 55th District Court of Harris County
Trial Court Judge: Hon. Jeffrey Brown
In re Reese (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(per curiam denial)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (order complained of not attached to
petition)
Before Chief Justice Radack, Justices Alcala and Bland)
01-07-00807-CV In re Roderick L. Reese
Appeal from 55th District Court of Harris County (Hon. Jeffrey Brown)
Anaheim Industries, Inc. v. GM Corp (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland)
(commercial law, UCC, BoC, extracontractual claims, estoppel, misrepresentation)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-06-00440-CV Anaheim Industries, Inc., Frank Gilchrist, Inc., d/b/a Texas Stagecoach of
Houston v. General Motors Corporation
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
FInley v. U-Haul Co. (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Edelman)(negligence,
forseeability)
AFFIRMED: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Frost
14-05-01161-CV Allene Finley, Administratrix of the Estate of John Finley, Deceased v. U-Haul Co.
of Arizona and U-Haul Co. of Texas
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Casarez v. Alltec Construction Co., Inc. (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson)
(construction law, BoC, prior breach by plaintiff, excuse, DTPA)
REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00068-CV Rueben and Nicole Casarez v. Alltec Construction Co., Inc.
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Morris Hartis, Jr. v. Century Furniture Industries Inc. (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)
(Guzman)(payment dispute)
AFFIRMED: Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Hudson and Guzman
14-05-01099-CV Eugene Morris Hartis, Jr. v. Century Furniture Industries Inc.
Appeal from 55th District Court of Harris County (Judge: Jeff Brown)
Hunt v. State Office of Risk Management (Tex.App.- Houston [14th Dist.] May 15, 2007)(Guzman)
[employment , worker comp, workplace law, jury, workers comp, workplace injury, psychological
injury]
AFFIRMED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-05-00819-CV Norma Hunt v. State Office of Risk Management
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
Montgomery v. Jacob Varon, M.D (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Frost)(HCLC)
[health care liability claim]
AFFIRMED: Opinion by Justice Frost
(Before Chief Justice Hedges, Justices Frost and Seymore)
14-05-01059-CV Yolanda Montgomery, Individually and as Next Friend and Natural Parent of
L'Jaunet Shantelle Montgomery and Donovan Leon Montgomery v. Jacob Varon, M.D.
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
Rogers v. Texas Sterling Construction, LP (Tex.App.- Houston [14th Dist.] Mar. 29, 2007) (Yates)
(wrongful death, summary judgment for defendant, duty, premises liability, control)
AFFIRMED: Opinion by Justice Brock Yates
Before Justices Brock Yates, Anderson and Hudson
14-05-01061-CV David Rogers, Individually and as Representative of the Estate of Leroy Brown v.
Texas Sterling Construction, L.P. a/k/a Texas Sterling Construction Inc. a/k/a Texas Sterling, L.P.
Appeal from 55th District Court of Harris County (Judge Jeff Brown)
Tan v. Lee (Te (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Hedges)(arbitration, motion to
confirm arbitration award, securities fraud)
AFFIRMED: Opinion by Chief Justice Hedges
(Before Chief Justice Hedges, Justices Fowler and Edelman)
14-06-00319-CV Ying Chun Tan v. Hung Pin Lee
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Sydow v. Verner, Liipfert, Bernhard, McPerson and Hand, No. 14-05-00877-CV (Tex.App.-
Houston [14th Dist.] Jan. 25, 2007)(Hedges)(arbitration law, confirmation of arbitration award)
AFFIRMED: Opinion by Chief Justice Hedges
(Before Chief Justice Hedges, Justices Seymore and Mirabal)
14-05-00877-CV Michael D. Sydow v. Verner, Liipfert, Bernhard, McPherson and Hand,
Chartered--Appeal from 55th District Court of Harris County (Judge Jeff Brown)
HCAD v. CCH Parkhearterwood LTD (Tex.App.- Housotn [14th Dist.] Jan. 25, 2007)(per curiam)
(tax appraisal contest appeal, voluntary dismissal)
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-05-01266-CV Harris County Appraisal District and the Appraisal review Board of Harris County
Appraisal District v. CCH Parkhearterwood Ltd., as The Property Owners and the Property Owners
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Selected 2006 Appeals Court Cases Originating in the 55th District Court
Robinson v. Crown Cork & Seal Company, Inc. (Tex.App.-Houston [14th Dist.] May 4, 2006)
(majority opinion by Fowler)(asbestos claim, constitutional challenge as retroactive law denied)
AFFIRMED: Plurality Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Frost
14-04-00658-CV Barbara Robinson, Individually and as Representative of the Estate of John
Robinson,
Deceased v. Crown Cork & Seal Company, Inc.
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
Dissent in Robinson v. Crown Cork & Seal Company, Inc. (Tex.App.-Houston [14th Dist.] May 4,
2006)(dissent by Frost)(“In deciding whether the legislation at issue violates the prohibition
against retroactive laws in the Texas Bill of Rights, the court concludes that if the Texas
Legislature reasonably exercises its police power to enact a statute, then that statute does not
violate the Texas Constitution, even though the statute is retroactive and destroys the vested
rights of some individuals. The people of the State of Texas, in emphatic and compelling
language set forth in section 29 of the Texas Bill of Rights, have expressly withheld from the
Legislature the authority to enact retroactive laws in violation of section 16 of the Texas Bill of
Rights. Because the Legislature has no police power to enact retroactive laws in violation of
section 16, this court should not use a police-power analysis to determine whether the statute is
unconstitutionally retroactive. Furthermore, the weight of precedent from the Texas Supreme
Court and this court requires the use of the vested-rights analysis. Under this analysis, the
statute in question destroys the vested rights of the appellant in this case and therefore violates
section 16 of the Texas Bill of Rights, as applied.
Because the court, using a police-power analysis, reaches the opposite conclusion, I respectfully
dissent.”)
Ledig v. Duke Energy, No. 01-04-00922-CV, (Tex.App.- Houston [1st Dist.] March 23,2006)
(Jennings) (employment dispute, bonus, defamation, and other causes of action, rescission, offset)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
(Before Justices Nuchia, Jennings and Higley)
01-04-00922-CV Peter J. Ledig v. Duke Energy Corporation and Duke Energy Trading
and Marketing, L.L.C.
Appeal from 55th District Court of Harris County (Judge Jeffrey Brown)
HCAD v. CCH Parkhearterwood LTD (Tex.App.- Housotn [14th Dist.] Jan. 25, 2007)(per curiam)
(tax appraisal contest appeal, voluntary dismissal)
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-05-01266-CV Harris County Appraisal District and the Appraisal review Board of Harris County
Appraisal District v. CCH Parkhearterwood Ltd., as The Property Owners and the Property Owners
Appeal from 55th District Court of Harris County (Hon. Jeff Brown)
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