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official web page for the 295th District Court of Harris County   

Recent Appeals from cases in Judge Christopher's Court

Dissent by Keyes in Authorlee v. Tuboscope Vetco International, Inc. (Tex. App.- Houston [1st Dist.]
Oct. 2, 2008)(Keyes)(would hold that their individual settlement agreements and the agreed judgment
are void as against public policy and must be set aside. Therefore, I would reverse the case and
remand to the trial court for a new trial)
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes
Before Justices Nuchia, Keyes and Higley
01-06-00719-CV  Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young, Jerome
Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and Minstar,
Inc.--Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher

Grace Memorial Baptist Church v. Harris County (Tex.App.- Houston [14th Dist.] Aug. 28,
2008)(Guzman) (property tax exemption claim not viable in tax suit, tax protest statute exclusive
remedy)
AFFIRMED: Opinion by Justice Guzman  
Before Justices Frost, Seymore and Guzman
14-07-00447-CV        Grace Memorial Baptist Church a/k/a Grace Baptist Church n/k/a Church of the
Lord Jesus Christ v. Harris County, on Behalf of Itself and on Behalf of The Harris County Education
Department, The Port of Houston Authority of Harris County, HCFCD, HCHD; City of Houston; HISD,
Harris County Education District; and Houston Community College System
Appeal from 295th District Court of Harris County
Trial Court Judge: Tracy Kee Christopher

Authorlee v. Tuboscope Vetco International, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2008)(Nuchia)
(challenge to agreed judgment, fraud claim, aggregate settlement claim, public policy)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00719-CV        Anthony Authorlee, Dexter Burnett, Robert Derousselle, John Henry Young,
Jerome Stubblefield and Floyd Moran v. Tuboscope Vetco International, Inc.; AMF Incorporated; and
Minstar, Inc.--Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
Dissenting Opinion by Justice Keyes  (would set aside settlement aside as against public policy)   

ODL Services, Inc. v. Conoco Phillips Co. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Taft)
(
arbitration, whether FAA applies, arbitrability, motion to stay arbitration, challenge to findings of fact)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Jennings and Bland
01-08-00020-CV ODL Services , Inc. v. Conoco Phillips Company
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher  

In re Kerry Beal (Tex.App.- Houston [1st Dist.] July 17, 2008)(untimely notice of appeal entails
dismissal of attempted appeal) DISMISSED: Per Curiam  
Before Justices Brock Yates, Guzman and Brown
14-07-00530-CV        In Re Kerry Beal
Appeal from
295th District Court of Harris County
Trial Court Judge: Tracy Kee Christopher

Goldberg v. Commission for Lawyer Discipline (Tex.App.- Houston [1st Dist.] July 3, 2008)(Taft)
(disciplinary matter, jurisdiction re: disbarment where criminal conviction was overturned)
AFFIRM TC JUDGMENT: Opinion by Justice Taft  
Before Justices Taft, Jennings and Bland
01-07-01104-CV Daniel Goldberg v. Commission for Lawyer Discipline, and State Bar of Texas
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher
Concurring Opinion by Justice Jennings

Schwartz v. The Insurance Company of the State of Pennsylvania (Tex.App.- Houston [1st Dist.] June
19, 2008)(Hanks)
(health insurance coverage denial, delay in approval)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Higley
01-07-00193-CV Rosa Schwartz v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 295th District Court of Harris County
Trial Court
Judge: Hon. Tracy Christopher  

Canales v. Womack (Tex.App.- Houston [1st Dist.] June 12, 2008)(Hanks)
(
auto accident, collision, right of way, negligence, jury trial)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks  
Before Justices Nuchia, Hanks and Bland
01-07-00222-CV        Autumn M. Canales v. Kevin H. Womack
Appeal from 333rd District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher

Greenfield Energy Inc. v. Duprey (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(Guzman) (special
appearance, foreign defendant, alter ego theory rejected, agency)
AFFIRMED: Opinion by Justice Guzman
14-07-00527-CV Greenfield Energy Inc., Greenfield Energy, Inc., and Greenfield Oil Trinidad, LTD. v.
Lawrence Duprey and CL Financial, LTD.
Appeal from 295th District Court of Harris County
Trial Court Judge: Tracy Kee Christopher

Pride International, Inc. v. Bragg (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland)
(
employment law, severance pay dispute)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00188-CV Pride International, Inc. v. Paul A. Bragg
Appeal from 295th District Court of Harris County
Trial Court Judge: Hon. Tracy Christopher

Simplified Development Corp. v. Garfield (Tex.App. - Houston [14th Dist.] Feb. 14, 2008)(subst. op.
by Anderson) (breach of contract, jury trial, admission of evidence, damages)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. Jon Garfield
Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher)

Simplified Development Corp. v. Garfield (Tex.App.- Houston [14th Dist.] Nov. 6,
2007)(Anderson)(
employment law, breach of contract)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. John Garfield
Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher)

Elloway v. Pate (Tex.App.- Houston [14th Dist.] Nov. 1, 2007)(Hudson)(business organization law,
shareholder class action, breach of fiduciary duty, standing, derivative, jury instruction)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-06-00062-CV Peter Elloway, On Behalf of Himself and All Others Similarly Situated v. Donna C.
Pate, In her capacity as Independent Executor of the Estate of James L. Pate, James J. Postl, Terry L.
Savage, H. John Greeniaus, Brent Scowcroft, Lorne R. Waxlax, Forrest R. Haselton, C. Berdon
Lawrence, and Gerald B. Smith
Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher)

Daimler Chrysler Ins. Co. v. Apple (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)
(
insurance coverage dispute, BoC)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Jennings and Alcala
01-05-01115-CV Diamler Chrysler Insurance Company f/k/a Chrysler Insurance Company v. Jack
Apple, Jr. and Greenspoint of Dodge of Houston, Inc.
Appeal from 295th District Court of Harris County (Hon. Tracy Christopher)

In Re Vaughan (Tex.App.- Houston [14th Dist.] Sep. 18, 2007)(per curiam)(cost bond for appeal)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00686-CV In Re: Aubrey Vaughan
Appeal from 295th District Court of Harris County (Judge Tracy E. Christopher)

Choice Acquisition No. Two Inc. v. Noesi (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Guzman)
(real estate law, title dispute, apartment complex)
AFFIRMED: Opinion by Justice Guzman
(Before Chief Justice Hedges, Justices Hudson and Guzman)
14-06-00973-CV        Choice Acquisitions No. Two Inc. and Lior Avni v. Hector Noesi & Josefina
Alcantar--Appeal from 295th District Court of Harris County (Judge Tracy Kee Christopher)

Abraham v. Union Pacific Railroad Co. (Tex.App.- Houston [14th Dist.] Jun. 28, 2007)(Hedges)(toxic
tort, causation issue)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Edelman
14-06-00419-CV Clarence Abraham, Et Al v. Union Pacific Railroad Co.
Appeal from 295th District Court of Harris County (Honorable Tracy Kee Christoper)

Metabolife International v. McAllister (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per
curiam) [voluntary bankruptcy, stay, lift of stay, compromise and settlement, dismissal]
DISMISSED: Per Curiam
Before Justices Frost, Seymore and Guzman
14-04-00990-CV Metabolife International v. Rhea McAllister
Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher)

Lousy Briefing Dooms Appeal
Trammell v. Frost National Bank (Tex.App.- Houston [1st Dist.] Dec. 7, 2006)(Hanks)
[appellate law, inadequate briefing, appeal fails]
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Jennings, Hanks and Higley
01-05-00216-CV        Tom J. Trammell v. Frost National Bank
Appeal from 295th District Court of Harris County (Hon. Tracy Christopher)

Shipside Crating v. Trinity Universal Ins. (Tex.App.- Houston [14th Dist.] Nov. 21,
2006)(Hedges)
[insurance law, coverage, sj, indemnity, duty to defend, eight-corners rule, exclusion clauses]
AFFIRMED: Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-06-00229-CV        Shipside Crating Company, Inc. v. Trinity Universal Insurance
Company
Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher)
Hon. Tracy Christopher
Judge of the 295th District Court in Harris County, Texas
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