City of Inkster Policeman and FIreman Retirement System v. Kinder (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Alcala)(shareholder derivative action, standing issue after buyout) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Jennings, Alcala and Higley 01-08-00308-CV City of Inkster Policeman and Fireman Retirement System, derivatively on behalf of Kinder Morgan, Inc. v. Richard D. Kinder, Michael C. Morgan, William V. Morgan, Fayez Sarofm, Edward H. Austin, Jr., William J. Hybl, Ted A. Gardner, Charles W. Battey, H.A. True, III, James M. Stanford, Stewart A. Bliss, Edward Randall, III, Douglas W.G. Whitehead, Et Al Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble
Clearview Properties, LP v. Property Texas SC One Corporation (Tex.App.- Houston [14th Dist.] May 14, 2009)(Supplemental Opinion on rehearing by Yates)(attorney's fees counterclaim) OVERRULED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Brown) 14-06-00716-CV Clearview Properties, L.P.; Michael Starcher, Trustee for the Crown Hill Trust; Craig Walker d/b/a Clearview Properties, L.P.; and Clearview Investments, Ltd. v. Property Texas SC One Corporation, Clarion Partners, L.L.C., Granite Partners, L.L.C.. Triple Net Properties, L.L.C., T. Reit, L.P., and T. Reit, Inc. Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble
SIMULIS LLC v. G.E. Electric Corp (Tex.App.- Houston [1st Dist.] Nov. 26, 2008)(Taft) (garnishment of payroll funds approved) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-06-01041-CV SIMULIS, L.L.C. v. General Electric Corporation and Amegy Bank of Texas Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble
KH v. Doe (Tex.App,. - Houston [14th Dist.] Nov. 18, 2008)(Hudson) (admissibility of evidence of conviction for aggravated sexual assault, error preservation) AFFIRMED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Frost 14-07-00603-CV K.H. and R.H. v. L. Doe and M. Doe Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble
Hartford Fire Ins. Co. v. C. Springs 300, Ltd. (Tex.App.- Houston [1st Dist.] May 29, 2008)(Radack) (construction law, bonding) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00065-CV Hartford Fire Insurance Company v. C. Springs 300, Ltd. Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble
Simulis LLC v. GE Capital Corp. (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Yates) (promissory note, estoppel, quantum meruit) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brock Yates Before Justices Brock Yates, Fowler and Guzman 14-06-00701-CV Simulis, L.L.C. v. General Electric Capital Corporation Appeal from 270th District Court of Harris County Trial Court Judge: Brent Gamble
National Advertising Co. v. Potter (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Higley) (lease law, billboards) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-01042-CV National Advertising Company v. Larry E. Potter Appeal from 270th District Court of Harris County Trial Court Judge: Hon. Brent Gamble
Foote v. Tate (Tex.App. - Houston [1st Dist.] Jan. 31, 2008)(Nuchia) (real estate law, contract construction, consideration) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-06-00956-CV Kennitra M. Foote v. Monica J. Tate Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Schott v. Knight (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Higley)(PI-auto, zero mental anguish damages) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00727-CV Kasey Schott v. Hubert Knight, G-P Development, Ltd. d/b/a Service Park, Central Parking Corporation, and Allright Parking System, Inc. a/k/a Central Parking System of Texas, Inc. Appeal from 270th District Court of Harris County (Judge Brent Gamble)
Amtech Elevator Serv. Co. v. SDFB 1998-P1 Buffalo Speedway Office LP (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Keyes) (insurance, indemnity) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Nuchia, Jennings and Keyes 01-07-00401-CV Amtech Elevator Services Company v. CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership, LNR Partners, Inc. and MRIO, Inc., Moody Rambin Interests Inc. Appeal from 270th District Court of Harris County (Hon. Brent Gamble) [ Under Construction ]
In Re Ward (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Taft)(workplace injury, workers comp, order for medical examination, mandamus denied) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-07-00558-CV In re Esther Ward Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Summerville v. Allied Barton Security Services (Tex.App.- Houston [1st. Dist.] Nov. 1, 2007)(Hanks)(malicious prosecution claim, criminal trespass) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00757-CV Nicholas Summerville v. Allied Barton Security Services, LLC, Individually and d/b/a Allied Security and Tom Smith Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
In Re Challegne Office Procucts, Inc. (Tex.App.- Houston [1st Dist.] Sep. 26, 2007)(per curiam)(motion to compel nonparty to submit to deposition on written questions) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-05-01101-CV In re Challenge Office Products, Inc. and John Barbosa Appeal from 270th District Court of Harris County (Hon. Brent Gamble, District Judge)
Moore v. Aqrawi (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Higley)(assault, damages) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley Before Justices Taft, Keyes and Hanks 01-03-00917-CV Peggy Lee Moore v. Cooper Aqrawi, Ind., and Farouq Aqrawi d/b/a Manhattan Limousines of Houston, L.L.C.--Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
Maxwell v. Siefert (Tex.App.- Houston [14th Dist.] Sep. 18, 2007)(Seymore) (HCLC, medical malpractice, expert report) AFFIRMED: Opinion by Justice Seymore Before Justices Brock Yates, Edelman and Seymore 14-06-00902-CV Alista Maxwell v. Heidi Jane Siefert Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
HISD v. Old Farms Owners Ass'n (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Higley)(tax suit, penalties and interest) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-04-00538-CV Houston Independent School District, et al., v. Old Farms Owners Association, Inc., et al.,--Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Keyes in HISD v. Old Farms Owners Association (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)
Peters v. Norwegian Cruise Line Lim. (Tex.App.-Houston [1st. Dist.] Jun. 7, 2007)(Alcala) [disabled passenger, disability law, accommodations] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00906-CV Rodger Peters v. Norwegian Cruise Line Limited d/b/a Norwegian Cruise Line Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
2006
Lewis v. Nolan II (Tex.App.- Houston [1st Dist.] Dec. 14, 2006)(Taft)(supplemental opinion) Note: Check second supplemental opinion issued March 29, 2007 re: supplementation of record [attorney malpractice, expert opinion required, MSJ, no-evidence, traditional, appellate record] AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Higley and Bland 01-04-00865-CV George Neil Lewis v. Jack D. Nolan Appeal from 270th District Court of Harris County (Hon. Brent Gamble)
H. Heller & Co. v. Louisiana Pacific Corp. (Tex.App.- Houston [14th Dist.] Dec. 7, 2006, pet. denied 6/1/2007) (Hedges) [foreign judgment, enforcement, personal jurisdiction, validity of foreign judgment] AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00481-CV H. Heller & Company, Inc. and Gulf Performance Polymers, Inc. v. Louisiana-Pacific Corporation Appeal from 270th District Court of Harris County (Hon. Brent Gamble) Dissenting Opinion by Justice Brock Yates
Laneisha Davis v. Autonation USA Corp. (Tex.App.- Houston [1st. Dist.] Nov. 16, 2006)(Keyes) [employment law, discrimination, time-barred claim, limitations] AFFIRM TC JUDGMENT: Justice Keyes Before Justices Taft, Keyes and Hanks 01-05-00791-CV Laneisha Davis v. Autonation USA Corporation, Autonation USA, Autonation, Inc., Autonation USA Corporation d/b/a Mike Hall Chevrolet, Inc., Mike Hall Chevrolet d/b/a Champion Chevrolet Hwy, 6, Mike Hall Chevrolet, Inc., d/b/a Champion Chevrolet--Appeal from 270th District Court of Harris County (Brent Gamble)
Houston I.S.D. [HISD] v. 1616 Corp (Tex.App.- Houston [14th Dist.] Nov. 30, 2006)(Frost) [tax appeal, tax protest, tax suit, exclusive remedy, plea to the jurisdiction, ILA] MOTION OR WRIT GRANTED: Justice Frost Before Chief Justice Hedges, Justices Fowler and Frost 14-04-00859-CV Houston Independant School District,City of Houston and Harris County v. 1615 Corporation, Lance Dreyer and S. R. Dreyer--Appeal from 270th District Court of Harris County (Hon. Brent Gamble) ("With exceptions that do not apply to this case, the procedures prescribed by the Tax Code for adjudication of the grounds of protest authorized by that statute (which include complaints regarding an alleged homestead exemption) are exclusive. See Tex. Tax Code Ann. ' 42.09(a). This suit by the Dreyers and 1615 Corporation seeking an equitable bill of review, declaratory judgment, and recoupment of alleged overpayments of property taxes is not part of the procedures prescribed by the Property Tax Code.[7] See id. ' 41.01, et seq. (Vernon 2001). Therefore, section 42.09 bars the claims brought by the Dreyers and 1615 Corporation. See id. ' 42.09; Rourk, 194 S.W.3d at 502. Under the Texas Supreme Court's decision in Rourk, the application of section 42.09 deprives the trial court of jurisdiction, and therefore the trial court erred in denying the Taxing Authorities' plea to the jurisdiction.[8] See Rourk, 194 S.W.3d at 501-2. Accordingly, we sustain the Taxing Authorities' third issue, reverse the trial court's order denying the Taxing Authorities' plea to the jurisdiction, and render judgment dismissing all the claims of the Dreyers and 1615 Corporation for lack of subject-matter jurisdiction.")
Harris County v. Norris (Tex.App.- Houston [1st Dist.] Nov. 9, 2006)(Hanks) [employment law, wrongful termination, report of child abuse, good faith, bad faith, reinstatement remedy] AFFIRM TC JUDGMENT: Justice Hanks Before Justices Taft, Keyes and Hanks 01-04-01087-CV Harris County, Texas v. Cheryl Norris Appeal from 270th District Court of Harris County (Hon. Brent Gamble) D.R. Horton v. Brooks (Tex.App.- Houston [14th Dist.] Nov. 2, 2006)(Yates)(appeal) DISMISSED AS MOOT: Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Guzman) 14-06-00099-CV D.R. Horton, Inc. v. Aurora Brooks Appeal from 270th District Court of Harris County (Hon. Brent C. Gamble)
In Re D.R. Horton, Inc. (Tex.App.-Houston [14th Dist.] Nov. 2, 2006)(Yates)(mandamus) [arbitration, mandamus] MOTION OR WRIT GRANTED: Justice Brock Yates (Before Chief Justice Hedges, Justices Brock Yates and Guzman) 14-06-00152-CV In Re: D.R. Horton, Inc. Appeal from 270th District Court of Harris County (Judge Brent C. Gamble)
Gee v. Mirwis DISMISS APPEAL: Opinion by Justice Jane Bland Before Justices Taft, Higley and Bland 01-04-00883-CV Johnny H. Gee and Abiodun Henri Lagoye v. Etan Mirwis, Terry H. Sears, Victoria Woods Condominium Homeowner's Association, Genesis Community Management Inc., Genesis Property Management Inc., William C. Devane, and Lloyd's of London Insurance Company Appeal from 270th District Court of Harris County
Gary Kainer v. ABMC Corporation (Insurance coverage dispute re: defective home construction) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft Before Justices Taft, Higley and Bland 01-05-00338-CV Gary Kainer v. ABMC Corporation and Union Planters Bank, N.A. Appeal from 270th District Court of Harris County
Hon. Brent Gamble Judge of the 270th District Court in Harris County, Texas
Houston Opinions Harris County Civil Courts and Judges (Non-family)
