For contact information including telephone numbers for and location of this court, procedures
governing motion practice, pre-trial and trial procedures, go to
---> Official web page for the 334h District Court of Harris County (Hon. McCally)
2008 Election Contest: Republican Incumbent Sharon McCally prevails against
Democratic Challenger Ashish Mahendru
2010 Election Season: Judge McCally is a candidate in the Republican primary
for Place 2 on the 14th Court of Appeal, currently held by Justice Leslie Yates.
Result: Sharon McCally defeated incumbent Yates and won the general election.
2011: Sharon McCally joins Fourteenth Court of Appeals
Successor on 334th District Court Bench appointed 2/17/2011:
Gov. Perry Appoints Wise as Judge of the 334th District Court
Thursday, February 17, 2011 • Austin, Texas • Appointment
PRESS RELEASE:
Gov. Rick Perry has appointed Kenneth Wise of Humble as Judge of the 334th District Court in Harris County for a
term to expire at the next general election.
Wise is a partner at Fridge, Resendez and Wise LLC and former judge of the 152nd Judicial District Court in Harris
County. He is a member of the State Bar of Texas, Houston Bar Association and Executives Association of Houston, a
fellow of the Texas and Houston Bar foundations, and director of the Texas Lyceum Association. He is also director of
Houston Crimestoppers Inc. and the Former Texas Rangers Foundation, and committee chair of the Houston
Livestock Show and Rodeo.
Wise received a bachelor's degree from Texas A&M University and a law degree from the University of Houston Law
Center.
This appointment is subject to senate confirmation.
RECENT APPEALS FROM CASES IN JUDGE McCALLY'S COURT
In re Aramco Services Co (Tex.App.- Houston [1st Dist.] Mar. 19, 2010)(Sharp)
(arbitration mandamus) (choice of law and forum and language for arbitration and notices)
In light of our conclusion that the trial court could not be the “Authority” empowered to appoint arbitrators pursuant to
the parties’ agreement, we do not reach the question concerning the empanelment of non-Muslim arbitrators.
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Sharp
Before Justices Keyes, Sharp and Massengale
01-09-00624-CV In re Aramco Services Company
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
EMS USA, Inc. v. Shary (Tex.App.- Houston [1st Dist.] March 4, 2010)(Boyce)
(temporary injunction appeal, elements requirements for temporary injunction, noncompete
agreements)
We conclude that the trial court abused its discretion when it denied EMS’s application for a temporary injunction
without hearing testimony regarding whether the non-compete covenant was (1) “ancillary to or part of” the personal
services contract; and (2) a reasonable restraint.
REVERSED AND REMANDED: Opinion by Justice Bill Boyce
Before Justices Frost, Boyce and Sullivan
14-09-00543-CV EMS USA, Inc v. Robert Shary
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Laine v. Farmers Ins. Exchange (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Bland) (JNOV judgment
notwithstanding the verdict) (insurance law, insurance coverage litigation, punitive damages, UM
policy, drunk driver, exemplary damages)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Hon. Wilson, Justices Bland and Massengale
01-08-01010-CV Sandra Gervais Laine v. Farmers Insurance Exchange
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Shanley v. First Horizon Home Loan Corp. (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)
(Sullivan) (misrepresentation, reliance element)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-07-01023-CV Michael E. Shanley and Veronica R. Shanley v. First Horizon Home Loan Corp
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Shanley v. Digital Draw Network (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Sullivan)
(Motion for Leave to Amend, Expert Witness Affidavit, Motion for Continuance)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00060-CV Michael E. Shanley and Veronica R. Shanley v. Digital Draw Network
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Hintz v. Lally, MD (pdf) (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce) (TTCA, dismissal of
employee) Election of Remedies Under the Tort Claims Act Dismissal Under Section 101.106(f)
Section 101.106(a)
AFFIRMED: Opinion by Justice Bill Boyce
Before Chief Justice Hedges, Justices Anderson and Boyce
14-08-00635-CV Sheryl Hintz, as next of friend for Donald Hintz, Jr. v. Kevin Lally, M.D.
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Plaza At 610 Commons Inc v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Higley)
(ad valorem property tax appeal, plea to the jurisdiction, no substitution of different owner under Rule
28 governing dba-s, suit in common names) (property tax protest, appeal administrative remedies and
judicial review suit, plea to the jurisdiction, no substitution of different entity as owner under Rule 28
governing dbas, common names, actual property owner did not bring protest and suit within the filing
deadline, attempted amendment to add owner untimely)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Jennings, Higley and Sharp
01-08-00690-CV Plaza At 610 Commons Inc. v. Harris County Appraisal District
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)(Boyce)
(choice of law when not agreed to in contract, statute of repose, products liability, defective folding
table used in schools, amputation of finger caught between panels)
AFFIRMED: Opinion by Justice Boyce
Before Justices Anderson, Guzman and Boyce
14-08-00158-CV Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John
Willis
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
MasTec North America, Inc. v. El Paso Field Services, LP (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)
(Higley) (oil and gas business, pipeline replacement, breach of contract, due diligence lacking, JNOV
reversed, entry of judgment on jury verdict ordered)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Higley
Before Justices Jennings, Keyes and Higley
01-07-00319-CV MasTec North America, Inc. and Mastec, Inc. v. El Paso Field Services, L.P. and
Gulfterra South Texas, L.P. f/n/a El Paso South Texas, L.P.
Appeal from 334th District Court of Harris County
Dissenting Opinion by Justice Jennings
In re Weeks Marine, Inc. (Tex.App.- Houston [1st Dist.] Jul. 15, 2009)(per curiam)
(mandamus relief re: independent medical examination denied)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Hanks and Bland
01-09-00603-CV In re Weeks Marine, Inc.
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Gaskey v. One Source Security and Found (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By
Brown) (motor vehicle collision, school bus rear-ender accident, negligence action, negligent
entrustment, denial of motion for new trial after jury verdict affirmed, factual sufficiency, legal
sufficiency review on appeal)
AFFIRMED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00850-CV Jed Gaskey, Individually and as Next Friend of Cassandara Gaskey and Cassandra
Gaskey v. One Source Security and Found a/k/a One Source Security and Sound and Steven Green
Smith
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Lovall v. University of Houston (Tex.App.- Houston [1st Dist.] Mar. 27, 2009)(per curiam)
(attempted IFP appeal dismissed for nonpayment of fees, indigency affidavit contested)
DISMISS APPEAL: Per Curiam
Before Justices Jennings, Keyes and Higley
01-06-00775-CV Lizzie J. Lovall v. The University of Houston, The College of Liberal Arts and Social
Sciences, The Board of Regents, John Antel and Jay Gogue
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
In re Fort Bend County (Tex.App.- Houston [14th Dist.] Feb 3, 2009)(Brown)
(venue mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00912-CV In Re Fort Bend County
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Concurring Opinion by Justice Guzman
Environmental Procedures, Inc. v. Guidry (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(subst. op. by
Guzman) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice 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 Frost
Sinegaure v. Bally Total Fitness Corp,. (Tex.App.- Houston [1st Dist.] Dec. 18, 2008)(Taft)
(liability for death, emergency medical service, gym, admission of evidence microfiled contract)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Keyes and Alcala
01-05-01070-CV Vanessa Sinegaure, Individually and as Representative of the Estate of Darnell Sinegaure,
Deceased; Virginia Sineguare, Darnell Jones and Harold Moore v. Bally Total Fitness Corporation, et al.
Appeal from 334th District Court of Harris County
Trial Court Judge: Hon Sharon McCally
Kelly v. American Interstate Insurance Co. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown)
(venue, MTV, adequacy of notice of hearing, exhaustion of administrative remedies, workers comp, compensable
injury, plea juris)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00083-CV Jimmy J. Kelly v. American Interstate Insurance Co., Hammerman & Gainer, Inc., and Sheryl
Butman--Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Boyce)
(PI, one-vehicle accident, truck driver, admission of evidence, witness credibility, impeachment)
AFFIRMED: Opinion by Justice Boyce
Before Justices Brock Yates, Seymore and Boyce
14-07-00566-CV Marcus Barber v. Bison Building Materials, Ltd.
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
RSM Production Corporation v. Vintage Petroleum, Inc. (Tex.App.- Houston [14th Dist.] Oct. 23, 2008)(Seymore)
(contract formation, enforceability, effect of missing signature of third party)
REVERSED AND REMANDED: Opinion by Justice Seymore
Before Justices Brock Yates, Seymore and Boyce
14-07-00563-CV RSM Production Corporation, A Texas Corporation v. Vintage Petroleum, Inc., A Delaware
Corporation, and Devon Energy Corporation, A Delaware Corporation, Successor to Santa Fe Energy Resources, Inc.--
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Reardon, MD v. Nelson (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Brown)
(interlocutory appeal from the trial court's denial of his motion to dismiss a medical malpractice lawsuit, sufficiency of
expert reports)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00263-CV Michael J. Reardon, M.D. v. Royce Nelson
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce)
(legal malpractice, breach of fiduciary duty, BoFD, motion for continuance)
AFFIRMED: Opinion by Justice Boyce
Before Chief Justice Hedges, Justices Hudson and Boyce
14-07-00619-CV Scott Duerr and Kimberly Duerr v. Ron Brown, Aaron Dickey, Brown & Crouppen, P.C., George
Fleming, Andres Pereira, and Fleming & Associates, L.L.P.
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Co. (Tex.App.- Houston [14th Dist.] June 24,
2008) (Guzman) (insurance law, excess insurer coverage, third appeal)
AFFIRMED: Opinion by Justice Guzman
Before Price, Justices Brock Yates and Guzman
14-06-00978-CV Spring Creek Village Apartments Phase V, Inc. v. General Star Indemnity Company
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
URI Cohen v. Hawkins (Tex.App. - Houston [14th Dist.] Apr. 15, 2008)(Hedges)
(real estate transaction, setting aside deed, clean hands, bona fide purchaser)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00043-CV URI Cohen v. Delores Hawkins
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Shekhani Enterprises, Inc. v. A/M Mechanical Services (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Nuchia)
(employee check fraud, company check endorsement)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Hanks and Bland
01-06-00629-CV Shekhani Enterprises, Inc. v. A/W Mechanical Services, L.P.
Appeal from 334th District Court of Harris County (Hon. Sharon McCally)
Loewe v. Trammell Crow Co. (Tex.App.- Houston [14th Dist.] Nov. 15, 2007)(Edelman)
(commercial lease, DTPA, fraud)
AFFIRMED: Opinion by Justice Edelman
Before Justices Brock Yates, Edelman and Seymore
14-06-00971-CV Jeanenne Loewe, Individually, and d/b/a The Elite Salon of 1960 v. Trammell Crow Company and
Trammell Crow Houston, Ltd.
Appeal from 334th District Court of Harris County (Judge Sharon McCally)
Ataya v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Yates)
(post-answer default, motion for new trial, MNT)
AFFIRMED: Opinion by Justice Brock Yates
Before A, Justices Brock Yates and Seymore
14-05-01264-CV Wafic Tawfic Ataya, Sawssan Ataya a/k/a Sawssan Mohamad Elehikh-Issa and Victory
Wholesale, Inc. v. The State of Texas
Appeal from 334th District Court of Harris County (Judge Sharon McCally)
City of Houston v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.] Jul. 31, 2007)(Guzman)(breach of
contract, sovereign immunity) (sovereign immunity plea again rejected on remand)
AFFIRMED: Opinion by Justice Guzman
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00084-CV The City of Houston, Texas v. Clear Channel Outdoor, Inc.
Appeal from 334th District Court of Harris County (Honorable Sharon McCally)
Potcinske v. McDonald Property Investments, Ltd. (Tex.App.- Houston [1st Dist.] Jun 15, 2007)(Higley)(real estate law,
breach of contract, BoC, real estate case law, contract for sale of real property, breach of contract, BoC, specific
performance]
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Judge Wilson, Justices Keyes and Higley
01-06-00718-CV Jon A. Potcinske v. McDonald Property Investments, LTD
Appeal from 334th District Court of Harris County (Judge Sharon McCally)
El-Khoury v. Kheir (Tex.App.- Houston [1st Dist.] Jun 14, 2007)(Radack)(defamation)
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER
PROCEEDINGS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Keyes and Higley
01-06-00088-CV John El-Khoury v. Benjamine Kheir
Appeal from 334th District Court of Harris County (Hon Sharon McCally)
Concurring and Dissenting Opinion by Justice Keyes
Sheth v. Dearen (Tex.App.- Houston [14th Dist.] May 24, 2007)(Hedges)(TTCA, HCLC)
[Texas Tort Claims Act and government immunity, motion to dismiss employee of governmental entity]
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Guzman
14-07-00004-CV Dhiren S. Sheth v. Donald C. Dearen
Appeal from 334th District Court of Harris County (Judge Sharon McCally)
McCray v. Harris County (Tex.App.- Houston [14th Dist.] Feb. 22, 2007)(per curiam dismissal)
(no final judgment) DISMISSED: Per Curiam
Before Justices Brock Yates, Anderson and Hudson
14-06-00533-CV Donald Ray McCray v. Harris County, Texas, Et Al
Appeal from 334th District Court of Harris County (Hon. Sharon McCalley)
Ataya v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Yates)
(post-answer default, motion for new trial, MNT)
AFFIRMED: Opinion by Justice Brock Yates
Before A, Justices Brock Yates and Seymore
14-05-01264-CV Wafic Tawfic Ataya, Sawssan Ataya a/k/a Sawssan Mohamad Elehikh-Issa and Victory
Wholesale, Inc. v. The State of Texas
Appeal from 334th District Court of Harris County (Judge Sharon McCally)
.
| Hon. Sharon McCally [Former] Judge of the 334th District Court in Harris County, Texas Houston Opinions |
| Houston Courts and Cases Harris County Civil Courts and Judges (Non-family) |
2008 ELECTION OUTCOME: REP Sharon McCally 563,517 Votes: 51.43%
DEM Ashish Mahendru 532,135 Votes: 48.57% See all Harris County Election Results
DEM Ashish Mahendru 532,135 Votes: 48.57% See all Harris County Election Results