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official web page for the 270th District Court of Harris County   

Recent Appeals from cases in Judge Gamble's Court

Stephens v. City of Houston (Tex.App.- Houston [1st Dist.] June 12, 2008)(Keyes)
(
City of Houston litigation, UDJA claims stemming from termination of public employment moot, no
standing)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Justices Taft, Keyes and Alcala
01-06-00851-CV        Bartholomew U. Stephens v. City of Houston, et als
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. 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

Irannezhad v. Aldine ISD (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Jennings)
(
property tax litigation, tax suit, delinquent taxes)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
01-07-00794-CV Mohammad Irannezhad v. Aldine Independent School District (ISD)
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)

DISMISS APPEAL: Per Curiam (finality, no final order, interlocutory appeal dismissed for want of
jurisdiction)
Before Justices Nuchia, Jennings and Keyes
01-06-01184-CV
Kerry Beal v. Tracy Christopher, Victor Lehman, Ronald Nicholas, Tommy Thomas,
Jane Waters, and Edward Wells, Jr.
Appeal from 270th District Court of Harris County (Judge 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, Texa
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Harris County Civil Courthouse - Houston TX 77002

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