Republican Incumbent Sharon McCally v. Democratic Challenger Ashish Mahendru
Recent Appeals from cases in Judge McCally's Court
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
Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice, breach of fiduciary duty, BoFD, 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
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)(Radack) 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) [TTCA, 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)
[ Under Construction ]
Brooker Inc. v. Int. Commodity Carriers (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam) [dismissed at appellant's request] DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Fowler and Edelman 14-06-00868-CV Brooker Incorporated v. International Commodity Carriers, Inc. and Mike Ogashi d/b/a MC Transportation Appeal from 334th District Court of Harris County (Hon. Sharon McCally)
Charette v. Fitzgerald (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Frost) [lease law, landlord tenant dispute, wrongful eviction, award of attorney’s fees reversed for lack of evidence that it was reasonable] AFFIRMED AS MODIFIED: Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-00918-CV Mary Helen Charette and Gilfred Charette v. Kassie Fitzgerald and John Blake Fitzgerald Appeal from 334th District Court of Harris County (Hon. Sharon McCally)
Rappa v. CPS (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Nuchia) [family law, termination of parental rights] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Nuchia Before Justices Nuchia, Jennings and Higley 01-06-00253-CV Rick Walker and Jessica Rappa v. Department of Family and Protective Services Appeal from 344th District Court of Chambers County Concurring and Dissenting Opinion by Justice Jennings
City of Houston v. City of Webster (Tex.App.-Houston [14th Dist.] Nov. 14, 2006)(Anderson) [sovereign immunity law, ILA, appeal not authorized, motion for summary judgment vs. plea to the jurisdiction; only jurisdictional issues subject to interlocutory appeal, appeal DWOJ] DISMISSED: Justice Anderson Before Justices Anderson, Hudson and Guzman 14-06-00485-CV City of Houston v. City of Webster Appeal from 334th District Court of Harris County (Hon. Sharon McCally) Because Houston Filed a Summary Judgment Motion, It May not Take an Interlocutory Appeal
("Interlocutory appeals are provided for by statute. See Tex. Civ. Prac. & Rem. Code ' 51.014. Houston attempted to give this court jurisdiction over this interlocutory appeal by utilizing section 51.014(a)(8).[1] However, Houston did not file a plea to the jurisdiction. Instead it filed a summary judgment, though styled a plea to the jurisdiction.[2] See Phillips v. Dafonte, 187 S.W.3d 669, 675 (Tex. App.-Houston [14th Dist.] 2006, no pet.) (holding that, for purposes of section 51.014(a)(5), we determine if a party is entitled to an interlocutory appeal by examining the substance and topic of the pleading upon which the appeal is based, not the form or title of the pleading). The substance and topic of Houston's pleadings below were merits based and thus represented an attempt at summary judgment. They continue to be merits based in this court. Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statue explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998). Because there is no statutory basis for this court to review Houston's motions for summary judgment that the trial court denied, we dismiss this appeal.")
Hon. Sharon McCally Judge of the 334th District Court in Harris County, Texas Houston Opinions
