164th District Court Race (2008)
Alexandra Smoots-Hogan Defeats Martha Hill Jamison
www.houston-opinions.com

Recent Appeals from cases in Judge Hill Jamison's Court

Wilstein v. Dernick Resources, Inc. (pdf) (Tex.App.- Houston [1st Dist.] Dec. 31, 2009)(Keyes)
(
limitations and fraudulent concealment, fiduciary duty)
We conclude that Dernick breached its fiduciary duty to the Wilsteins by failing to disclose its sale of their interest in the Bradshaw
Field and that the Wilsteins were not put on constructive notice of the sale by the filing of the sale in the Kansas public records. The
trial court found that the Wilsteins discovered the sale of their interest in the Bradshaw Field following the 2002 audit of that field. This
finding is supported by the evidence. Because the Wilsteins filed their Bradshaw Field claims in 2003, their claims were not barred by
the four-year statute of limitations for breach of fiduciary duty and fraud.
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Keyes    
Before Justices Keyes, Alcala and Hanks   
01-07-00491-CV   David Wilstein, and Leonard Wilstein, Individually and as Trustee
v. Dernick Resources, Inc.,   
Appeal from 164th District Court of Harris County
Trial Court Judge:
Hon. Martha Hill Jamison

Lakota Resources, Inc. v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(per curiam)
(severance on appeal, vacate judgment pursuant to settlement agreement)
SET ASIDE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR RENDITION OF JUDGMENT IN
ACCORDANCE WITH PARTIES' AGREEMENT: Per Curiam     
Before Justices Keyes, Alcala and Hanks   
01-09-00955-CV  Lakota Resources, Inc. v. Pathex Petroleum, Inc. and Dernick Resources, Inc.,   
Appeal from 164th District Court of Harris County
Trial Court Judge: Hon. Martha Hill Jamison

Cooke Co. v. First Bank & Trust (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Radack)
(
affirmative defense of accord and satisfaction fails, full-satisfaction check, restrictive endorsement
not effective)
AFFIRM TC JUDGMENT: Opinion by Chief
Justice Radack  
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-01000-CV Milton M. Cooke Co. and Milton M. Cooke, Jr. v. First Bank & Trust
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Grant v. Laughlin Environmenal, Inc. (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Jennings)
(
employment law, bonus, breach of contract, fraud, negligent misrepresentation, and quantum meruit)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings   
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00227-CV Carroll Grant v. Laughlin Environmental, Inc.   
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Proskauer Rose LLP v. Pelican Trading, Inc. (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Brown)
(
special appearance, foreign defendant)
REVERSED AND REMANDED: Opinion by Justice Brown  
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00283-CV        Proskauer Rose LLP v. Pelican Trading, Inc., GMF Trading, LLC and George M.
Fleming--Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison   

Ashworth v. Brzoska (Tex.App.- Houston [14th dist.] Nov. 4, 2008)(Brown)
(
post-answer default judgment, denial of new trial reversed)
REVERSED AND REMANDED: Opinion by
Justice Brown  
Before Justices Brock Yates, Guzman and Brown
14-07-00239-CV        Douglas Ashworth v. Richard Brzoska
Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison

Lakota Resources, Inc v. Pathex Petroleum, Inc. (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Keyes)
(post judgment garnishment proceeding, no
interlocutory appeal permitted, DWOJ)
DISMISS APPEAL: Opinion by Justice Keyes  
Before Chief Justice Radack, Justices Keyes and Alcala
01-07-00537-CV Lakota Resources, Inc. v. Pathex Petroleum, Inc., Oneok Energy Services Company, LP  Appeal
from 164th District Court of Harris County
Trial Court Judge: Hon. Martha Hill Jamison  

Kahng v. Verity (Tex.App.- Houston [1st Dist.] July 31, 2008)(Jennings)
(
auto PI, death, negligence, man running into freeway, no time to swerve, NE-SJ properly granted, failure to
preserve error)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Taft, Jennings and Bland
01-07-00695-CV        Clara Kahng, Individually and on behalf of Wony Kahng, Gredo Kahng, Howard Kahng and
Sarah Roh v. John Richard Verity
Appeal from 164th District Court of Harris County
Trial Court Judge: Hon. Martha Hill Jamison

Chapa v. Traciers & Assoc., Inc. (Tex.App.- Houston [14th Dist.] July 31, 2008)(Guzman)
(repossessed car, kids inside, parents' claim rejected)  
AFFIRMED: Opinion by Justice Guzman  
Before Justices Brock Yates, Guzman and Brown
14-07-00056-CV        Carlos Chapa and Maria Chapa, Individually and as Next Friend of Carlos Chapa, Jr. and Alex
Chapa, Minors v. Traciers & Associates, Incorporated; Traciers & Associates; Traciers; Paul Chambers; and Ford
Motor Credit Corp.
Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison

Wang v. Tang (Tex.App.- Houston [1st Dist.] June 5, 2008)(Higley)
(interlocutory appeal,
defamation, libel, media defendant, no malice shown)
See post on Media Law Prof Blog: Texas Court of Appeals Rules Paper Entitled To Summary Judgment in Defamation Case
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Higley
Before Chief Justice Radack, Justices Keyes and Higley
01-08-00009-CV Jianguang Wang and Yellow Emperor Communications, Inc., d/b/a Houston Chinese Press v.
David Y. Tang
Appeal from 164th District Court of Harris County
Trial Court
Judge: Hon. Martha Hill Jamison  

Strouse v. City of Houston (Tex.App.- Houston [14th Dist.] May 29, 2008)(Frost) (public employment, police
discipline, indefinite suspension, grievance, judicial review, appeal from hearing examiner's ruling)
REVERSED AND REMANDED: Opinion by Justice Frost  
Before Justices Fowler, Frost and Seymore
14-06-00618-CV Darrell H. Strouse v. City of Houston and Harold L. Hurtt, in His Official Capacity as Chief of Police
of the Houston Police Department
Appeal from 164th District Court of Harris County
Trial Court
Judge: Martha Hill Jamison

Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Frost)
(
insurance law, broker, nondisclosure order void)
AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Frost  
Before Justices Frost, Seymore and Guzman
14-05-01090-CV Environmental Procedures, Inc. and Advanced Wirecloth, Inc. v. George E. Guidry, Dwight W.
Andrus, III, Dwight W. Andrus Insurance, Inc., and Lexington Insurance Co.
Appeal from 164th District Court of Harris County
Trial Court Judge:
Martha Hill Jamison
Concurring and Dissenting Opinion by Justice Guzman   

Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Opinion by Justice Boyce)
(
employment law, oral contract, breach of contract, unfair competition, attorney's fees)
AFFIRMED: Opinion by Justice Boyce
14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick
Appeal from 164th District Court of Harris County
Trial court judge: Martha Hill Jamison

Enviropower LLC v. Bear, Stearns & Co., Inc. (Tex. App.- Houston [1st Dist.] Feb. 21, 2008)(Hanks)
(
domestication and enforcement of foreign judgement, default judgment, exception, death penalty sanctions)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Keyes and Hanks
01-04-01111-CV Enviropower, L.L.C. v. Bear, Stearns & Co., Inc.
Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison)

Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal)
(
HCLC, medical malpractice, health care liability, claim, motion to dismiss by defendants)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal
Before Justices Anderson, Frost and Mirabal
14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo Rivera and Dr. Franklin Wong v. Donita
Rowan and James Niese
Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison)
DISSENTING:
Dissenting Opinion by Justice Anderson  

Rowan v. Escalante (Tex.App. - Hosuton [14th Dist.] Jan. 22, 2008)(Mirabal)
(
HCLC, summary judgment for defendants reversed)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Mirabal
Before Justices Anderson, Frost and Mirabal
14-06-00197-CV Donita Rowan and James Niese v. Carmelita P. Escalante, M.D., E. Edmund Kim, M.D., Edgardo
Rivera, M.D., and Franklin C. Wong, M.D.Appeal from 164th District Court of Harris County (Hon. Martha Hill
Jamison)
DISSENTING:
Dissenting Opinion by Justice Anderson

Garcia v. Packaged Ice, Inc. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Taft) (PI slip and fall case)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Hanks and Higley
01-06-00379-CV Elsa Garcia v. Packaged Ice, Inc., a/k/a Reddy Ice and Curtis Dean Bell, Individually and d/b/a
Curtiss Dean Bell Distributing Company
Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison)

Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual
capacity claims, official capacity claims, sovereign immunity, plea to the jurisdiction,
government entities)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Justices Anderson, Fowler and Frost
14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M
and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens
Appeal from 164th District Court of Harris County (Honorable Martha Hill Jamison)

Kim v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Hanks)(insurance claim, failure to notify,
prejudice, no actual notice)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-05-01112-CV John Kim, as Receiver for Dale McPherson d/b/a Jamac Services, Inc., (Judgment Debtor to
Sharon Berryman) v. Farmers Insurance Exchange
Appeal from 164th District Court of Harris County (
Hon. Martha Hill Jamison)

Tabor v. Medical Legal Evaluations, Inc. (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Hanks)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Bland
01-06-01010-CV Tabor, Chhabra & Gibbs, P.A. and Darryl Gibbs v. Medical Legal Evaluations, Inc. and Bruce L.
Halbridge, M.D.
Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison)

Nitsche v. Teams of Texas (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson) (bill of review denied, water
damage mold claim, no third party beneficiary claim, no valid basis for appeal)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Hudson and Guzman
14-05-00876-CV Cynthia Nitzsche and Stephen Nitzsche v. Teams of Texas
Appeal from 164th District Court of Harris County (Martha Hill Jamison)

































City of Houston v. Vargas, (Tex.App.- Houston [1st Dist.]  March 16, 2006)(Keyes)
[interlocutory appeal, TTCA City not entitled to immunity dismissal in police shooting case; trial court properly
denied plea to the jurisdiction]
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
(Before Justices Nuchia, Keyes and Hanks)
01-04-01173-CV   
The City of Houston v. Jose Vargas and Marcia Victoria Vargas Individually and as Heirs of
Jose Vargas, Jr.
Appeal from 164th District Court of Harris County
Harris County Civil Courthouse - Frontal View

CIVIL, FAMILY, AND JUVENILE
STATE DISTRICT COURTS

11th DC Judge Mark Davidson  
55th DC
Judge Jeff Shadwick
61st DC Judge John Donovan
80th DC Hon.L ynn Bradshaw-Hull
113th DC Judge Patricia Hancock
125th DC Judge John Coselli
127th DC Judge Sharolyn Wood
129th DC Judge Grant Dorfman
133rd DC Judge Lamar McCorkle
151st DC Judge Caroline E. Baker
152nd DC Judge Kenneth Wise
157th DC Judge Randall Wilson
164th DC Hon. Martha Hill Jamison
165th DC Judge Elizabeth Ray
189th  DC Judge Bill Burke
190th DC Judge Patricia Kerrigan
215th DC Judge Levi Benton
234th DC  Judge Reece Rondon
245th DC  Judge Annette Kuntz
246th DC Judge Jim York
247th DC Judge Bonnie  Hellums
257th DC  Judge Judy Warne
269th DC Hon. John T. Wooldridge
270th DC Judge Brent Gamble
280th DC Judge Tony Lindsay
281st DC Judge David J. Bernal
295th DC Hon. Tracy Christopher
308th DC Hon. Georgia Dempster
309th DC Judge Frank Rynd
310th DC  Judge Lisa Millard
311th DC  Judge Doug Warne
312th DC  Judge David Farr
313th DC Judge Pat Shelton
314th DC Judge John Philip
315th DC  Judge Mike Schneider Jr
333rd DC
Hon. Joseph Halbach Jr.
334th DC Judge Sharon McCally
Houston District Court Judge Martha Jamison Hill 2008 Judicial Re-election Campaign Sign

For contact Information including telephone numbers and address for this court,
go to --->
Official web page for the 164th District Court of Harris County   
2008 Election Contest for the 164th District Court Bench
Republican Incumbent Martha Hill Jamison loses to
Democratic Challenger Alexandra Smoots-Hogan
THE HOUSTON CHRONICLE ENDORSED THE INCUMBENT:
Martha Hill Jamison for 164th Judicial District: Jamison, a former Democrat
who changed parties, was appointed to her bench by Gov. George W. Bush in 2000.
She has since won re-election twice, serving with distinction.
2010 JUDICIAL ELECTIONS: Jamison a candidate in race for Place 5 on the 14th Court of Appeals
Hon. Martha Hill Jamison
[Former] Judge of the 164th District Court in Harris County, Texas
www.houston-opinions.com
THE INCUMBENT IN HER OWN WORDS
THE CHALLENGER IN HER OWN WORDS
Martha Hill Jamison, Republican
Incumbent Judge, 164th Judicial District Court, since
1999. Board Certified, Civil Trial
Law. Member, Harris County Juvenile Board. Civil
Administrative Judge. Founding Fellow,
International Academy of Mediators. Board, American
Judicature Society. Graduate, University
of Texas School of Law. Active member, St. Luke’s
Methodist Church. American Leadership
Forum, Class XXV.
Alexandra Smoots-Hogan, Democrat
After graduating with honors from The University of St.
Thomas, I joined South Texas College
of Law’s nationally ranked advocacy team. With three
national moot court titles, I was inducted
in the Order of the Barristers. I have spent my career in
the Courtroom, representing varied
clients in varied cases.
WHEN SHOULD A JUDGE RECUSE?
WHEN SHOULD A JUDGE RECUSE?
A judge should recuse when statutorily required. A
judge may offer to recuse in cases where a
litigant may feel uncomfortable going forward (for
example, if my brother’s law firm is representing
a party); however, this should be a rare occurrence. A
judge should not recuse when the
request is made solely because of a ruling made in the
case.
A judge should recuse themselves whenever there is an
air of impropriety in their remaining
on the case. This air may be the result of an obvious
financial interest or from a less overt
acquaintance between the counsel or judge.
Source: LWV Voters Guide: Question to candidate
Source: League of Women Voters Guide: Candidate Q&A
More on the incumbent from the Harris County GOP
judicial re-election campaign web site:
Keep our Judges dot com
More on this candidate form the Harris County
Democratice Party judicial elections campaign web site:
Judges for All dot com
NOT QUITE RED, NOT QUITE BLUE, AND NOT ALL
THAT GREEN EITHER
2008 ELECTION OUTCOME:REP Martha Hill Jamison 3547,785 Votes: 49.84%
DEM Alexandra Smoots-Hogan 551,249 Votes: 50.16%
See all Harris County Election Results
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