Recent Appeals from cases in Judge Donovan's Court

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)

2006

Izaguirre v. Morton Road Municipal Utility (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Jennings)
[
tax suit, notice, due process]
AFFIRM TC JUDGMENT: Justice Jennings
Before Justices Nuchia, Jennings and Higley
01-05-00990-CV Alejandra Sofia Izaguirre v. Morton Road Municipal Utility
Appeal from 61st District Court of Harris County (Hon. John Donovan)
Hon. John Donovan
Judge of the 61st District Court in Harris County, Texas
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Judge John Donovan 2008 Judicial Re-election Campaign Sign | 61st District Court Harris County Houston TX
GOP Blurb on Incumbent Donovan
(
Keep our Judges dot com)
Democratic Billing
(
Judges for All)
Judge Donovan is certified in Trial Law and
graduated Cum Laude from South Texas College
of Law (1984). He has chaired the Civil Courts’
Special Dockets (Mass Torts) Committee and
presided over to conclusion the silicone implant
docket in Harris County. Judge Donovan has
helped improve docket management of mass tort
suits.
Al Bennett Candidate for 61st District Court

Al Bennett has practiced law in Houston for nearly 20 years.
A solo practitioner, Al manages a law practice that
specializes in complex commercial and tort litigation
matters. Al is licensed to practice within Texas and is also
licensed with the U.S. District Courts in the Southern,
Northern, and Eastern Districts of Texas. He serves as
Adjunct Professor of Law (Trial Advocacy) for the Thurgood
Marshall School of Law at Texas Southern University

Al served as the chairman of the board and president of the
Houston Lawyers Association, and as chair of Committee
on Lawyer Referral & Information Services for the State Bar
of Texas. He has been rated AV, the highest ratings in legal
ability and ethical standards by the Martindale-Hubbell
legal rating system. He is a recipient of the Houston
Lawyers Association Achievement Award, and the
Thurgood Marshall Legal Society Distinguished Service
Award.
THE INCUMBENT IN HIS OWN WORDS
THE CHALLENGER SPEAKS
The facts and law vary from case to case.
Recusal is an issue to be determined by
a judge in considering the facts, circumstances
and law. The law provides certain
situations in which the judge must
recuse himself/herself and I do believe
the law must be followed.
Source:
LWV Voters Guide: Question to candidate: When
should a judge recuse
himself/herself from a case?
The due process clauses of both the
Texas and the United States Constitutions
guarantee a party an impartial and disinterested
tribunal in civil cases. The inquiry the court must
make is whether a reasonable member of the
public, knowing
all the facts in the public domain,
would have a reasonable doubt that a
judge is actually impartial.

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   

2008 Election Contest for the 61st District Bench:
Republican Incumbent  John Donovan
                                      
                                               
  vs.  
                           
                                 
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

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  
Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)