Appeals from cases in Judge Donovan's Court
Resurgence Financial, LLC v. Lawrence (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Radack)
(credit card debt suit not properly brought as sworn account suit under Rule 185, damages not proven)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00341-CV Resurgence Financial, L.L.C. v. James T. Lawrence
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Hon. Jacqueline Lucci Smith
Chambers v. O'Quinn (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Opinion on remand by Taft)
(right to arbitration of attorney-client / legal malpractice dispute not waived, conflict in arb agreement as
to whether TAA or FAA applies resolved in favor of Texas Arbitration Act, arbitration of legal malpractice
claims)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Tim Taft
Before Justices Taft, Keyes and Hanks
01-04-01029-CV Bob Chambers, et al. v. John M. O'Quinn, individually d/b/a O'Quinn & Laminack, and
John M. O'Quinn, P.C.
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
City of Pasadena, Texas v. Belle (Tex.App.- Houston [14th Dist.] Oct. 1, 2009)(Sullivan)
(collision involving emergency vehicle) (plea to the jurisdiction properly denied, official immunity not
established)
AFFIRMED: Opinion by Justice Sullivan
Before Rondon, Justices Seymore and Sullivan
14-08-00531-CV City of Pasadena, Texas v. Steven Belle and James West
Appeal from 61st District Court of Harris County
Trial Court Judge: John J. Donovan
Harrison v. Charlie Thomas Ford, Ltd. (Tex.App.- Houston [1st Dist.] Sep. 24, 2009)(Sharp)
(DTPA, Finance Code violations in installment sale of motor vehicle alleged, waiver of arguments on
appeal)
AFFIRM TC JUDGMENT: Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00164-CV Russell W. Harrison v. Charlie Thomas Ford, Ltd., d/b/a Charlie Thomas Ford
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
Labidi, MD v. Sydow, 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
(consolidation of an interlocutory appeal and a petition for writ of mandamus, challenge to district court's
order compelling arbitration and staying proceedings in the trial court fails)(unconscionabiltiy argument
rejected re arbitration of attorney-client disputes)(public policy arguments overruled)
DISMISSED: Opinion by Justice Eva Guzman
Panel members: Justices Guzman, Mirabal and Boyce
14-08-00527-CV Abdel Hakim Labidi, M.D. Ph.D. v. Michael D. Sydow, Et Al
Appeal from 61st District Court of Harris County
In re Labidi, M.D., 287 S.W.3d 922 (Tex.App.- Houston [14th Dist.] Jun. 25, 2009)(Guzman)
MOTION OR WRIT DENIED: Opinion by Justice Eva Guzman
Panel members: Justices Guzman, Mirabal and Boyce
14-08-00757-CV In Re Abdel Hakim Labidi, M.D., PH.D.
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
Aquilar v. Texas La Fiesta Auto Sales LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland)
(IFP appeal, finality, no appealable final order judgment)
DISMISS APPEAL: Opinion by Justice Bland
Before Justices Keyes, Hanks and Bland
01-08-00653-CV Timothy Aguilar v. Texas La Fiesta Auto Sales LLC & Patrick J. Miller and Harris
County Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
Stinson v. Ins. Co. of the State of Pennsylvania (Tex.App.- Houston [14th Dist.] Apr. 30, 2009)(Boyce)
extra-contractual claims against appellees the Insurance Company of the State of Pennsylvania,
Gallagher Bassett Services, Inc., and Belinda Ybarra. (workers compensation denial of claim)
(Stinson contends the trial court erred in dismissing her suit for want of jurisdiction based on an asserted
failure to exhaust available administrative remedies. We reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Boyce
Before Justices Brock Yates, Seymore and Boyce)
14-07-00698-CV Sue Ann Stinson v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 61st District Court of Harris County
Trial Court Judge: JOHN J. DONOVAN
Knowles v. Wright (Tex.App.- Houston [1st Dist.] Mar. 19, 2009)(Jennings)
(partnership claim rejected, fiduciary duty)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC
FOR FURTHER PROCEEDINGS: Opinion by Justice Jennings
Before Justices Jennings, Keyes and Higley
01-08-00546-CV Christopher Knowles and Mina Mann v. Jimmy D. Wright
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
In re Memorial Hermann Healthcare System (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Hedges)
(discovery mandamus denied, privilege, anti-trust litigation)
MOTION OR WRIT DENIED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-08-00204-CV In Re Memorial Hermann Healthcare System and Memorial Hermann Hospital System--Appeal from
61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
Lushann International Energy Corp. v. Harris County (Tex.App.- Houston [1st Dist.] Sep. 11, 2008)(per curiam) (no
jurisdiction over restricted appeal; motion for new trial in court below precludes restricted appeal)
DISMISS APPEAL: Per Curiam
Before Justices Nuchia, Alcala and Hanks
01-07-00119-CV Lushann International Energy Corp. v. Harris County
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
In Re: Hoar Construction, LLC (Tex.App.- Houston [14th Dist.] May 29, 2008)(Fowler)
(attorney properly disqualified, mandamus denied)
MOTION OR WRIT DENIED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-07-00666-CV In Re: Hoar Construction, LLC; Landry's Management, LP; Landry's Restaurant, Inc.; Hospitality
Headquarters, Inc.; and St. Paul Fire and Marine Insurance Company
Appeal from 61st District Court of Harris County
Trial Court Judge: John P. Donovan
Brown & Brown of Texas v. Omni Metals, Inc. (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Nuchia)
(insurance law, coverage, Insurance Code violation, DTPA, negligent misrepresentation, large judgment reversed)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia
01-05-01190-CV Brown & Brown of Texas, Inc. f/k/a Poe & Brown of Texas, Inc. and Transcontinental Insurance Company
v. Omni Metals, Inc.
Appeal from 61st District Court of Harris County
Trial Court Judge: Hon. John Donovan
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Keyes
Tex Star Moros, Inc. v. Regal Financial Co. (Tex.App. - Houston [14th Dist.] Jan. 10, 2008) (subst. op. on rehearing by
Edelman)(breach of contract)
AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART:
Opinion by Justice Edelman
Before Justices Anderson, Hudson and Edelman
14-05-00215-CV Tex Star Motors, Inc. v. Regal Finance Company, Ltd. and Regal Finance Company II, Ltd.
Appeal from 61st District Court of Harris County (Hon. John J. Donovan)
Nowak v. Pellis (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Hanks)
(legal and medical malpractice, one satisfaction rule, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00044-CV John Lewis Nowak v. Jeanne Pellis, et al.
Appeal from 61st District Court of Harris County (Honorable John Donovan)
Canada v. Telen's Marine & Fuel, Inc. (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Anderson)(special appearance,
personal injury case PI-auto)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-01143-CV Milyn Canada, Individually and on behalf of her minor child, S.C v. Talen's Marine & Fuel, Inc. and Barry
Miller--Appeal from 61st District Court of Harris County (Hon. John J. Donovan)
Slade v. TSU (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Nuchia)
(higher education law, government employment, sovereign immunity to breach of contract suit)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Keyes and Higley
01-06-00990-CV Priscilla D. Slade v. Texas Southern University Board of Regents
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Frank's International, Inc. v. Smith International, Inc. (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(breach of
contract, conversion)
REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Nuchia, Keyes and Higley
01-06-00366-CV Frank's International, Inc. v. Smith International, Inc.
Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan)
Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(op. on rehear'g by Alcala)(PI injury,
marketing defect, 1.6 mil jury award reversed, take-nothing judgment rendered)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00128-CV Ranger Conveying & Supply Company v. Daryl Davis
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Tex Star Motors Inc. v. Regal Finance Corporation (Tex.App.- Houston [14th Dist.] Jul. 19, 2007)(Edelman) (breach of
contract suit)
AFFIRMED AS MODIFIED IN PART AND REVERSED AND REMANDED IN PART: Opinion by Justice Edelman
Before Justices Anderson, Hudson and Edelma
14-05-00215-CV
Tex Star Motors Inc. v. Regal Finance Company Ltd and Regal Finance Company II Ltd
Appeal from 61st District Court of Harris County (Hon John J. Donovan)
Texas Department of Human Services v. Okoli (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Taft)
(WBA, public employment, sovereign immunity, DWOJ, interlocutory appeal)
DISMISS APPEAL: Opinion by Justice Taft
Before Justices Taft, Jennings and Alcala)
01-07-00103-CV Texas Department of Human Services v. Oliver Okoli
Appeal from 61st District Court of Harris County (Trial court judge: Hon. John Donovan)
Cruz v. Holeman (Tex.App.- Houston [14th Dist.] May 10, 2007)(Edelman)(jury question)
[business law, joint venture, JV dispute, usury, jury question]
AFFIRMED: Opinion by Justice Edelman
Before Justices Brock Yates, Edelman and Seymore
14-06-00101-CV Hermelinda Cruz v. Virgie Holleman, Individually and a/n/f for Fred Holleman
Appeal from 61st District Court of Harris County (Judge John J. Donovan)
Travelers Indemnity Co of Conn. v. Espinosa (Tex.App.- Houston [1st Dist.] May 31, 2007)(Hanks)(workers compensation,
atty fees, jurisdiction, attorney's fees]
MODIFY TRIAL COURT JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED:
Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Bland
01-05-00836-CV Travelers Indemnity Company of Connecticut v. Jesus Espinosa
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Jury verdict in favor of injured worker reversed
Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala)
[workplace injury, liability, no duty, take nothing]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Bland
01-05-00128-CV Ranger Conveying & Supply Company v. Daryl Davis
Appeal from 61st District Court of Harris County (Judge John Donovan)
Izen v. Sjostrom and Atlas Legal Defense Fund (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Former Justice Frank
Price)(breach of contract, breach of fiduciary duty, BoFD, libel, attorney's fees arising from investor tax dispute with IRS)
REVERSED AND REMANDED: Price [Former Justice]
Before Price, Justices Fowler and Edelman
14-06-00142-CV Joe Alfred Izen v. Gefforey Sjostrom and The Don Belton Legal Defense Fund a/k/a Atlas Legal
Defense Fund
Appeal from 61st District Court of Harris County (Judge John J. Donovan)
Guevara Belteton v. Desco Steel Erectors and Concrete, Inc. (Tex.App.- Houston [14th Dist.] Mar. 13, 2007)(Hedges)
(workplace death, negligence claim, agency, duty, control)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00301-CV Luis Arturo Guevara Belteton, Temporary Administrator of the Estate of Flavio Gonzales-Soto, Et Al v.
Desco Steel Erectors and Concrete, Inc. and Jose De Santiago d/b/a Desco Steel Erectors Et Al
Appeal from 61st District Court of Harris County
Trial Court Judge: JOHN J. DONOVAN
Gray v. Waste Resource, Inc. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Hudson)
(JNOV, jury award for fraud)
AFFIRMED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-05-00929-CV Michael Gray v. Waste Resource, Inc.
Appeal from 61st District Court of Harris County (no judge identified on docket)
| Hon. John Donovan [Former] Judge of the 61st District Court in Harris County, Texas [subsequently appointed the 113th District Court] Houston Opinions |
| Houston Court & Cases Harris County Civil Courts and Judges (Non-family) |
|
For contact Information including telephone numbers and address for this court and Judge Donovan,
go to ---> Official web page for the 61st District Court of Harris County (Hon. Bennett)
2008 Election Contest for the 61st District Bench:
Republican Incumbent John Donovan
lost to
Democratic Challenger
Al Bennett
(Click names to go to candidates' websites)
THE HOUSTON CHRONICLE ENDORSED DONOVAN'S OPPONENT
• Alfred "Al" Bennett for 61st Judicial District: A University of Texas law school graduate,
Democrat Bennett will bring a record of community service as well as diversity to the civil
courts. He is an adjunct professor at the Thurgood Marshall School of Law.
2008 ELECTION OUTCOME: REP John Donovan 537,650 Votes: 48.77%
DEM Alfred "Al" Bennett 564,767 Votes: 51.23% See all Harris County Election Results
DEM Alfred "Al" Bennett 564,767 Votes: 51.23% See all Harris County Election Results
