11th District Race: Judge Mark Davidson Defeated by Mike Miller, Democratic Opponent

GOP Blurb on Incumbent
(Keep our Judges dot com)

Democratic Billing
(Judges for All dot com)

From the Harris County GOP
Judicial Re-Election Campaign Website:

Civil Judges

Thirteen of the twenty-five judges who
preside over Harris County’s Civil District
Courts are up for election in 2008. You
can find out about those individual civil
judges be scrolling down this page. These
courts and these judges work every day to
ensure fair, just, and impartial hearings for
every person who comes before the
bench. Our civil judges hear a variety of
cases, both large and small.

Comment: There are actually 15 civil
bench contests. The local GOP omitted
Mark Davidson, and his court. Is he too
non- or bi- partisan?
The H o u st o n C h r o ni cl e has endorsed
Davidson

	Mike Miller Candidate for 11th District Court Mike Miller has been a Texas trial lawyer for over 27 years and has tried over 150 jury trials on both sides of criminal and civil dockets in many counties throughout Texas. For the past 19 years he has been in private practice in Harris County handling hundreds of civil lawsuits on behalf of defendants and plaintiffs in both a large defense firm and small plaintiffs’ firms. These lawsuits have resulted in settlements and verdicts ranging from $0 to $20 million. Mike Miller has been board certified in personal injury trial law since 1993 and is AV rated.

WHEN SHOULD A JUDGE RECUSE?

THE INCUMBENT IN HIS OWN WORDS

THE CHALLENGER SPEAKS

Judge should recuse themselves when
their impartiality could fairly be questioned
due to factors outside the merits
of a case. It is as important that judges
promote confidence in their integrity as
it is that they make the correct legal rulings
in the cases before them.

Source: LWV Voters Guide: Question to
candidate

TRCP 18b establishes the grounds for
recusal. Generally, recusal is appropriate
if her impartiality might reasonably
be questioned, she has a personal bias
or personal knowledge of disputed facts,
she has been a material witness or lawyer
in the case, she has a financial interest,
or a family member is or was involved or
could be affected by the outcome.

Source: L eague of Women Voters Guide: Candidate Q&A

Recent Appeals from cases in Judge Mark Davidson's Court

Texas Mutual Ins. Co. v. Morris (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Fowler)
(insurance code violation damages affirmed, loss of credit reputation damages deleted)
AFFIRMED AS MODIFIED: Opinion by Justice Fowler
Before Justices Anderson, Fowler and Frost
14-06-00651-CV        Texas Mutual Insurance Company v. P. Lance Morris
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson

Mares v. Blaine (Tex.App.- Houston [1st Dist.] July 24, 2008)(Hanks) (appeal from DWOP)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00620-CV Samuel R. Mares, Sr. v. Victor R. Blaine
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson

Moutasse and Pacha v. Casey (Tex.App.- Houston [14th Dist.] July 22, 2008)(Frost) (HCLC, ILA) (In this
interlocutory appeal, a gastroenterologist appeals the trial court's denial of his motion to dismiss health-
care-liability claims for plaintiffs' failure to file an expert report in compliance with section 74.351 of the
Texas Civil Practice and Remedies Code. The court affirms.)
AFFIRMED: Opinion by Justice Frost
Before Justices Frost, Seymore and Guzman
14-07-00150-CV        Ahmad Moutasse, Rajar Pacha, M.D., Individually and d/b/a Moutassem Rajar
Pacha, M.D., P.A. v. Gretchen Casey, Individually and a/n/f of John Conner Casey and Cullen Patrick
Casey, Minor Surviving Children of Kevin John Casey; Gretchen Casey, as Personal Representative of
the Estate of Kevin John Casey; and John Casey and Joan Casey
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

Col eman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Alcala and Hanks
01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc.,
Revak Enterprises, Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage
Service Company, and Revak Energy, Inc.--Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson

L&L Crane Service, Inc. v. Continental Dredging, Inc. (Tex.App.- Houston [1st Dist.] June 5, 2008)
(Nuchia) (commercial dispute, storage fees, breach of contract, quantum meruit, conversion claim)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Higley
01-07-00083-CV L&L Crane Service, Inc. v. Continental Dredging, Inc.
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson

In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce)
(arbitration compelled by mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, LTD.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson

In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(first, superseded opinion by
Justice Bill Boyce) (arbitration mandamus, motion to compel arbitration, home owner complaints about
contamination consumer law)
MOTION OR WRIT GRANTED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00851-CV In Re: MHI Partnership, Ltd.
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson

Equistar Chemicals, LP v. Dresser-Rand Co. (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Opinion on
remand by Hedges)(damages)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
14-02-00874-CV Equistar Chemicals, LP v. Dresser-Rand Company
Appeal from 11th District Court of Harris County
Trial Court Judge: Mark Davidson

Goss v. Houston Community Newspapers (Tex.App.- Houston [14th Dist.] Apr. 1, 2008)(Yates)
(defamation suit)
AFFIRMED: Opinion by Justice Brock Yates
14-06-00719-CV Randolph Goss v. Houston Community Newspapers, and Sarah Mertins
Appeal from 113th District Court of Harris County
Trial Court Judge: Mark Davidson

HCAD v. Sigmor Corp. (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley)(property tax litigation, taxing
gas stations)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-00740-CV Harris County Appraisal District v. Sigmor Corporation, et al
Appeal from 11th District Court of Harris County
Trial Court Judge: Hon. Mark Davidson

In re Allianz Global Risk US (Tex.App.- Houston [1st Dist.] Feb. 29, 2008)(per curiam) (mandamus not
appropriate against judge who did not sign the order)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00165-CV In re Allianz Global Risk US, Allianz Life Insurance Company of North America, Allstate
Insurance Company, Chubb Indemnity Insurance Company, Continental Casualty Company, Fireman's
Fund Insurance Company, et al.
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

In re Marsh USA Inc. (Tex.App. - Houston [1st Dist.] Feb. 29, 2008)(per curiam) (whom may mandamus
relief be sought against, wrong judge here)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Taft, Nuchia and Higley
01-06-00166-CV In re Marsh USA Inc. (Delaware) and Marsh USA Inc. (Texas)
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)

In re Akin Gump Strauss Hauer & Feld LLP (Tex.App.- Houston [14th Dist.] Feb. 21, 2008)(Frost) (Client-
attorney fee dispute, intellectual property)
MOTION OR WRIT DENIED: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-07-00402-CV In Re: Akin Gump Strauss Hauer & Feld LLP, Et Al
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

Ramirez Restrepo v. Gutierrez (Tex.App.- Houston [1st Dist.] Jan. 31, 2008)(Higley)
(real estate transactions, trespass to try title action, tenants)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-06-01100-CV Edgar Ramirez Restrepo and Gerardo Campo Ramirez v. Ingrid X. Gutierrez
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

Univ. of Tex. Health Sci. Ctr. at Houston v. Gutierrez, 237 S.W.3d 869 (Tex. App.—Houston [1st Dist.]
2007, pet. filed).
UTHSC Houston v. Gutierrez (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Taft)(HCLC, expert report)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-07-00455-CV The University of Texas Health Science Center at Houston v. Frank Gutierrez,
Individually and as Representative of the Estate of Theresa Gutierrez and as Next Friend of Michelle
Gutierrez, a minor, Amanda Gutierrez, Frank Gutierrez, Jr. and Patricia Ramirez
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)

Excel Auto and Truck Leasing LLP v. Alief ISD (Tex. Aug. 31, 2007)(Hanks)(property tax appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Keyes and Hanks
01-04-01185-CV Excel Auto and Truck Leasing, L.L.P. v. Alief Independent School District et al.
Appeal from 11th District Court of Harris County (The Honorable Mark Davidson)
Separate opinion by Keyes

McAlester Fuel Co. v. Smith I n ternational Inc. (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(commercial
dispute, BoC, DTPA, release, jury instruction)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
(Before Justices Nuchia, Jennings and Higley)
01-05-00468-CV McAlester Fuel Company v. Smith International, Inc., d/b/a Smith Services
Appeal from 11th District Court of Harris County (Hon. Mark Davidson)
Jennings Dissent in McAlester Fuel Co. v. Smith I n ternational Inc. (Tex.App.- Houston [1st Dist.] Jul. 26,
2007)

Gavrel v. Rodriguez, M.D., (Tex.App.- Houston [14th Dist.] May 3, 2007)(Hedges)(appellate record)
(HCLC, absence of reporter's record requires reversal and new trial)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-04-00637-CV Louis John Gavrel v. Jose E. Rodriguez, M.D., and Grant R. McKeever, M.D. PA
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

Potts v. Harris County District Clerk (Tex.App.- Houston [14th Dist.] Jan. 18, 2007)(per curiam dismissal
for want of jurisdiction, interlocutory, finality issue)
DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-01051-CV        Patricia Ann Potts v. Harris County District Clerk
Appeal from 11th District Court of Harris County (Judge Mark Davidson)

2006 Appeals

Cytogenix v. Waldroff (Tex.App.- Houston [1st Dist.] Dec. 14, 2006, pet. denied 6/15/07)(Bland)
(bizlaw, business litigation, breach of contract, licensing agreement, breach of contract, BoC defenses,
specific performance, attorney’s fees, prevailing defendant not entitled to statutory attorneys fees in
breach of contract case)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00492-CV        Cytogenix, Inc. v. William B. Waldroff and Applied Veterinary Genomics, Inc.
Appeal from 11th District Court of Harris County
We conclude that the trial court erred in entering a permanent injunction that requires future specific
performance of the licensing agreements and in awarding attorney’s fees to Waldroff and AVGI. We further conclude that
CytoGenix is not entitled to its attorney’s fees upon reversal of the judgment against it. We therefore reverse the
judgment of the trial court and render judgment that the parties take nothing on their claims.

F.S. New Products and Tesco v. Strong Industries (Tex.App.- Houston [1st Dist.] Nov. 30, 2006)(per
curiam)(recusal and disqualification, case dismissed on remand from higher court)
DISMISS APPEAL: [joint motion to dismiss] Per Curiam
Before Justices Taft, Keyes and Hanks
01-01-00086-CV F.S. New Products, Inc. and Tesco/Williamsen, Inc. v. Strong Industries, Inc.
Appeal from 11th District Court of Harris County (Hon. Mark D. Davidson)
See Tesco Am., Inc. v. Strong Indus., Inc., 49 Tex. Sup. Ct. J. 448, 2006 WL 662740 (Tex. Mar. 17,
2006). (Texas Supreme Court remanded for redetermination without participation of disqualified justice)