Recent Appeals from cases in Judge Lamar McCorkle's Court

Supkis v. Madison Place Homeowners Ass'n (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack)
(
homeowner's law, rule against perpetuities not violated)  
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00573-CV James L. Supkis v. Madison Place Homeowners Association, Inc.
Appeal from 133rd District Court of Harris County
Trial Court
Judge: Hon. Lamar McCorkle  

Jackson v. Tx. Bd. of Pardons and Paroles (Tex. App. - Houston [ 1st Dist.] Apr. 3, 2008)(Keyes)
(expunction suit improperly dismissed, no hearing set)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Keyes
Before Justices Taft, Keyes and Alcala
01-03-00862-CV Donald C. Jackson v. Texas Board of Pardons and Paroles, et al.
Appeal from 133rd District Court of Harris County
Trial Court Judge: Hon. Lamar McCorkle  

Reece-Albert v. Contractor's Service Co. (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Hanks)
(indemnity, reformation remedy)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00700-CV Reece-Albert, Inc. v. Contractor's Service Company, Contractor's Service, Ltd., and
Contractor's Service, Ltd. f/k/a Contractor's Service Company
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Anglo-Dutch Petro Int. Inc. v. Smith (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Edelman)(breach
of contract, BoFD, fraud, exemplary damages, economic loss rule, double recovery)
AFFIRMED AS MODIFIED: Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00580-CV Anglo-Dutch Petroleum International, Inc., Anglo-Dutch (Tenge) LLC, and Scott Van
Dyke v. Forest Hunter Smith
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

In re Jackson (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Radack)(mandamus against clerk moot,
clerk's record since filed)
DISMISS PETITION FOR WRIT OF MANDAMUS: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00816-CV In re Donald C. Jackson
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Carpenter v. Exelon Corp. (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Edelman)(special
appearance)
AFFIRMED: Opinion by Justice Edelman
Before Justices Edelman, Frost and Seymore)
14-07-00149-CV Timothy J. Carpenter, Mervin G. Schaefer, James P. Maloney, Oldcosy Corporation,
Henry Jackson, David Reindi, Henry C. Hess, David Falldorf, and Jane P. Koth v. Exelon Corporation
and Exelon Enterprises Company, L.L.C
Appeal from
133rd District Court of Harris County (Hon. Putnam Reiter)

In re Rapid Stettlements, Ltd. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(per curiam)
(
arbitration mandamus denied)
MOTION OR WRIT DENIED: Per Curiam
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-07-00552-CV In Re: Rapid Settlements, Ltd.
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

Pelican State Physical Therapy, LP v. Bratton (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)
(superseding opinion by Taft) (special appearance, appellate
sanctions denied)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle, District Judge)

August 31, 2007 Opinion withdrawn and superseded by
Pelican State Physical Therapy, LP v. Bratton
(Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Taft)
Pelican State Physical Therapy v. Bratton (Tex.App.- [1st Dist.] Aug. 30, 2007)(withdrawn and
superseded opinion by Taft)(personal jurisdiction, special appearance, appellate sanctions denied,
findings of facts)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00199-CV Pelican State Physical Therapy, L.P. v. Marc Bratton
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)

In Re Rapid Settlements (n Re Rapid Settlements, Ltd. (Tex.App.- Houston [14th Dist.] Apr. 12, 2007)
(per curiam)
[mandamus, arbitration, temporary injunction enjoining arbitration]
MOTION OR WRIT DENIED: Per Curiam
Before Justices Anderson, Hudson and Guzman
14-06-00758-CV        In Re Rapid Settlements Ltd.-
Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)   

BACM-2001 San Felipe Road  LP v. Trafalgar Holdings I Ltd (Tex.App.- Houston [14th Dist.] Jan. 11,
2007)(Opinion by Justice Guzman)
[commercial loan, breach of contract, statute of fraud)
REVERSED AND RENDERED: Opinion by Justice Guzman
(Before Justices Anderson, Hudson and Guzman)
14-05-00476-CV        BACM-2001 San Felipe Road Limited Partnership Et Al v. Trafalgar Holdings I
Ltd Et Al--Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)    


2006 Appeals court decisions in cases originating from this court [ Under Construction ]

Ranger Ins. Co. v. Nuevo Energy Co.  (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(per curiam)
[joint motion to vacate and dismiss with prejudice pursuant to settlement]
VACATED AND DISMISSED: Per Curiam
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00616-CV Ranger Insurance Company v. Nuevo Energy Company n/k/a Plains Exploration &
Production Company--Appeal from 133rd District Court of Harris County (Judge Lamar McCorkle)

Truck Insurance v. Chalfant (Tex.App.–Houston [1st Dist.] April 13, 2006)
[automobile insurance coverage dispute, no auto insurance coverage for company president
because insured was the corporation and claimant was not a family member of the corporation, nor
an individual designated by name as covered]
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice George Hanks
Before Justices Nuchia, Keyes and Hanks
01-05-00546-CV Truck Insurance Exchange v. Steven Chalfant
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)
(“Where only a corporation is named as an insured and no name is provided as a designated
person in the UM/UIM endorsement, the policy has a certain and definite legal meaning which did
not include coverage for occupants of a vehicle which was not owned or leased by the
corporation.”)

McKnight v. Brown (Tex.App.–Houston [1st Dist.] April 13, 2006)
[Abuse of process, false imprisonment, Section 1983 claim, proof of damages, no evidence,
insufficient, conclusory affidavit)(prior successful habeas proceeding in 14thCoA, imprisonment for
failure to pay attorneys fees, imprisonment for debt]
AFFIRM TC JUDGMENT: Opinion by Justice Laura Higley
Before Justices Taft, Higley and Bland
01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr.
Appeal from 133rd District Court of Harris County (Hon. Lamar McCorkle)
Hon. Lamar McCorkle
Judge of the 133rd District Court in Harris County, Texas
Houston Opinions
Harris County Civil Courts and
Judges (Non-family)

11         Judge Mark Davidson  
55         
Judge Jeff Shadwick (new)
55         Judge Jeff Brown (formerly)
61         Judge John Donovan
80         Judge Lynn Bradshaw-Hull
113         Judge Patricia Hancock
125         Judge John Coselli
127         Judge Sharolyn Wood
129         Judge Grant Dorfman
133         Judge Lamar McCorkle
151         Judge Caroline E. Baker
152         Judge Kenneth Wise
157         Judge Randall Wilson
164         Judge Martha Hill Jamison
165         Judge Elizabeth Ray
189         Judge Bill Burke
190         Hon. Jennifer W. Elrod (formerly)
190         
Judge Patricia Kerrigan
215         Judge Levi Benton
234         Judge Reece Rondon
269         Judge John T. Wooldridge
270         Judge Brent Gamble
280         Judge Tony Lindsay
281         Judge David J. Bernal
295         Judge Tracy E. Christopher
333         Judge Joseph James Halbach Jr.
334         Judge Sharon McCally
Harris County Civil Courthouse - Houston TX 77002
For contact Information including telephone numbers and address for this court and judge,
go to --->
official web page for the 133rd District Court of Harris County (Judge Lamar McCorkle)   

2008 General Election Contest for the 133rd District Court Bench

Republican Incumbent Lamar McCorkle (campaign website)

vs.

Democratic contender for this bench in 2008 elections:
Jaclanel McFarland

THE HOUSTON CHRONICLE HAS ENDORSED DEMOCRAT McFARLAND ("Jaclanel McFarland for
133rd Judicial District:
McFarland has practiced law in Houston for more than three decades. A
Democrat, she promises to keep politics out of her rulings.")
THE INCUMBENT IN HIS OWN WORDS
THE CHALLENGER IN HER OWN WORDS
Lamar McCorkle, Republican
Elected judge in 1986. Former civil attorney.
Attorney for Appeals Court Chief Justice.
Certified: Civil Jurisprudence. Past Chairman,
Texas Center for Legal Ethics &
Professionalism.
Dean, Texas College for Judicial Studies.
Appointed by Texas Supreme Court to address
court efficiency; ethics; technology. Recipient of
numerous honors for improving courts.
www.judgelamarmccorkle.com
Jaclanel Moore McFarland, Democrat
I received my undergraduate and law degrees
from Baylor University. I did graduate work at the
University of Oxford. For 31 years I have been an
accomplished litigator, a successful mediator,
and have taught law courses on the collegiate
level in Harris County. I am a former Baylor
University Regent.
WHEN SHOULD A JUDGE RECUSE?
WHEN SHOULD A JUDGE RECUSE?
Our legal system is founded on the premise
that fair, independent and competent judges will
interpret and apply the laws that govern us.
Judges should recuse themselves in any
proceeding in which their impartiality might
reasonably be questioned or under
circumstances creating even the appearance of
impropriety undermining the rule of law and the
public’s confidence in our judicial system.
She should recuse herself in any proceeding in
which her impartiality might reasonably be
questioned by the public or when there is a
possible bias or prejudice concerning the subject
matter or a party, or personal knowledge of
disputed evidentiary fact concerning the
proceeding
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
2008 ELECTION OUTCOME: REP Lamar McCorkle 535,710 Votes: 48.80%
DEM Jaclanel McFarland 561,954 Votes: 51.20%
See all Harris County Election Results