RECENT APPEALS FROM CASES IN JUDGE RAY'S COURT Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex. App.- Houston [1st Dist.] Aug. 21, 2008) (Higley) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Vance, Hanks and Higley 01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In Re Lawson (Tex.App.- Houston [14th Dist.] July 31, 2008)(Fowler) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00429-CV In Re: Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray INTERLOCUTORY APPEAL in same case DISMISSED: Opinion by Justice Fowler Before Justices Fowler, Frost and Seymore 14-07-00324-CV Donald Lawson, Individually and d/b/a V.I.P. Home Inspections and Mark Guillerman v. Larry Archer and Wife Susan Archer--Appeal from 165th District Court of Harris County Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) AFFIRMED: Opinion by Justice Jeffrey Brown Before Justices Brock Yates, Anderson and Brown 14-07-00314-CV Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds Insurance Company Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray In re General Agents Ins. Co. (Tex.App.- Houston [14th Dist.] May 15, 2008)(Substitute opinion by Hedges) (severance, mandamus granted, TRCP 41, motion to abate) MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges 14-07-00771-CV In Re: General Agents Insurance Company of America Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Aspen Technology, Inc. v. Shasha (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (interlocutory appeals dismissed, arbitration mandamus granted) DISMISSED: Opinion by Justice Frost 14-07-00303-CV Aspen Technology, Inc. v. Abe Shasha Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Aspen Technology, Inc. (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Frost) (arbitration mandamus granted) MOTION OR WRIT GRANTED: Opinion by Justice Frost 14-07-00469-CV In Re Aspen Technology, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Graybar Electric Co., Inc. v. Lem & Associates, LLC (Tex.App.- Houston [14th Dist.] Mar. 6, 2008) (Frost) (commercial law, breach of contract, counterclaim, attorney's fees) REVERSED AND REMANDED: Opinion by Justice Frost Before Justices Anderson, Frost and Mirabal 14-06-00714-CV Graybar Electric Co., Inc. v. Lem & Associates, L.L.C Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring and Dissenting Opinion by Justice Mirabal in Graybar In re Shoreline Partners LLC (Tex.App.- Houston [1st Dist.] Fab. 28. 2008)(Keyes) (plenary jurisdiction, reinstatement order void) GRANT PETITION FOR WRIT OF MANDAMUS: Before Justices Taft, Keyes and Alcala 01-08-00013-CV In re Shoreline Partners, LLC, Prenits B. Tomlinson, Jr., Individually and Thomas E. Hardisty, Individually--Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) City of Houston v. Hildebrandt (Tex.App.- Houston [1st Dist.] Feb. 28, 2008)(Hanks) (firefighter litigation, UDJA, declaratory judgment, statutory penalty) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00936-CV City of Houston v. Alan Hildebrandt Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) In Re Horizon Wirless (Tex.App.- Houston [14th Dist.] Feb. 19, 2008) (per curiam denial of discovery mandamus) MOTION OR WRIT DENIED: Per Curiam Before Justices Fowler, Frost and Seymore 14-08-00070-CV In Re Horizon Wireless and Shabih "Alex" Aslam Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) ("Relators ask this court to compel the Honorable Elizabeth Ray, presiding judge of the 165th District Court of Harris County, to rule on their motion to compel, and direct real parties in interest to respond to discovery.") Tennessee Gas Pipeline Co. v. Technip USA Corp. (Tex.App.- Houston [1st Dist.] Dec. 20, 2007) (Higley) (breach of contract, counterclaim) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND RENDER JUDGMENT: Opinion by Justice Higley Before Justices Taft, Hanks and Higley 01-06-00535-CV Tennessee Gas Pipeline Company v. Technip USA Corporation and Technip Appeal from 165th District Court of Harris County (Honorable Elizabeth Ray) Midland Funding NCC-2 Corp. v. Azubogu (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Radack) (DWOP is without prejudice, sanctions complaint not preserved for appellate review) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Alcala and Bland 01-06-00801-CV Midland Funding NCC-2 Corp. v. Josiah Azubogu Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Polk v. Kroger Co. (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(per curiam)(failure to file brief) DISMISS APPEAL: Per Curiam Before Justices Nuchia, Jennings and Keyes 01-07-00007-CV Linda Polk v. The Kroger Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Markette v. X-ray X-Press (Tex.App. - Houston [14th Dist.] Oct. 18, 2007)(Yates)(Substitute opinion on rehearing)(special appearance, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P. v. X-Ray X-Press CorporationAppeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Markette v. X-Ray (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Yates)(first, superseded opinion) (special appearance sustained on appeal, no personal jurisdiction) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-07-00146-CV Robert P. Markette, Jr. and Gilliland & Caudill, L.L.P v. X-Ray X-Press Corporation-- Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Hill v. Consolidated Concepts (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler) (workplace safety, fall from roof, negligence, gross negligence, admission of evidence, collateral source doctrine, improper jury argument) AFFIRMED: Opinion by Justice Fowler Before Justices Hudson, Fowler and Frost) 14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor Children by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr., v. Consolidated Concepts Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Lone Star Heating Treating Co., Ltd. v. Liberty Mutual Fire Ins. Co. (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(insurance law, coverage dispute, exclusion, BoC, attorney's fees) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00028-CV Lone Star Heating Treating Co., LTD v. Liberty Mutual Fire Insurance Company Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Harris County v. Gerber (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(TTCA, premises defect) REVERSED AND DISMISSED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Guzman 14-06-01096-CV Harris County v. Hollie Gerber Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) City of Houston v. Swinerton Builders, Inc (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-06-00870-CV The City of Houston v. Swinerton Builders, Inc. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) GE Capital Corp. v. ICO, Inc. (Tex.App.- Houston [14th Dist.] Jun. 12, 2007)(Fowler) [garnishment wages, findings of fact and conclusions of law, FoF & CoL, attorney's fees] AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-01095-CV General Electric Capital Corporation and Morris Tabak v. ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber P.C. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Concurring Opinion by Justice Frost Before Justices Fowler, Edelman and Frost 14-05-01095-CV General Electric Capital Corporation and Morris Tabak v. ICO, Inc., Timothy J. Gollin and Weycer Kaplan Pulanski & Ziber P.C. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Mark McCoy v. Rogers (Tex.App.- Houston [1st Dist.] May 31, 2007)(Radack) [real estate transaction law, suit to set aside constable sale deed, notice issue] AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00240-CV Mark McCoy v. Renee Rogers and Timothy Rogers Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) In Re General Agents Ins. Co. of America, Inc. (Tex.App.- Houston [14th Dist.] May 15, 2007)(Hedges) (discovery mandamus) GRANTED IN PART AND DENIED IN PART: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-00930-CV In Re: General Agents Insurance Company of America, Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Cerbone v. Farb (Tex.App.- Houston [14th Dist.] May 8, 2007)(Seymore)(special appearance) REVERSED AND RENDERED: Opinion by Justice Seymore Before Justices Brock Yates, Seymore and Guzman 14-06-00666-CV Joseph A. Cerbone v. Carolyn Farb Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Approx. $13,0022.99 v. State of Texas (Tex.App.- Houston [14th Dist.] Feb. 1, 2007)(per curiam dismissal)(restricted appeal, untimely restricted appeal, DWOJ) DISMISSED: Per Curiam (Before Justices Frost, Seymore and Guzman) 14-06-01050-CV Approximately $13,022.99 v. The State of Texas Appeal from 165th District Court of Harris County (Judge Elizabeth Ray) Judge Elizabeth Ray' Court Policies & Procedures Procedures for the 165th Civil District Court form official web page, copied 12/16/2007 District Court – Civil Court: 165th Judge’s Name: Elizabeth Ray Year Elected/Appointed: Appointed, then Elected, 1992 Information about the Judge: Law clerk, U.S. Magistrate Alex McGlinchey, 1978-1980; sole practitioner, 1980-1983; Associate Attorney, Hirtz & McDonough, 1983-1985; Associate Attorney Calvin, Dylewski, Gibbs, Maddox, Russell & Verner, 1985-1987; Partner, Dillard & Ray, 1987-1992. Area of practice: civil litigation. 1. Who should I contact if there is an emergency? Contact the clerk at 713/368-6270 or Deb Grun, Trial Coordinator, at 713/368-6282. 2. Status of things: You can now look up the status of a docket, or the rulings on submission dockets by clicking on the web page under the "Check Docket Setting" inquiry. MOTIONS 3. Motions: ALWAYS SUBMIT A PROPOSED JUDGMENT or ORDER. a. Discovery motions: Talk to each other before you try to get me to resolve your problems. It is relatively easy to figure out who’s zoomin’ who. (Aretha Franklin). We all know of the appellate cases which uses a broad brush in permitting most kinds of discovery, so don’t resist discovery for the sake of resistance. Discovery motions can be set for submission or oral hearing. For an oral hearing, call the clerk to obtain a date and time. You must then file your motion, proposed order and notice of oral hearing. The court must receive the hard copy of the notice before motion is actually set on the docket. To set a motion on the submission docket, you need not call the clerk. Submission dates are Mondays, at 9:00 a.m. If the Monday falls on a holiday, it is Tuesday at 9:00 a.m. Again, file your motion, proposed order and notice of submission. If the motion is time sensitive, call the clerk to obtain an emergency hearing date. All motions must include a valid certificate of conference. b. Motions for summary judgment: Summary Judgments are done by submission only. Submission dates are Mondays at 10:30. After a response has been filed, the judge will consider written requests for an oral hearing on the submission date. All summary judgments and responses should include a proposed judgment and/or order. I won’t grant a summary judgment if the affidavits are faulty. Don’t set out the boilerplate requirements for a summary judgment. Been there, seen it. c. Motions to dismiss/nonsuit (D.W.O.P.): Any agreed motion to dismiss/nonsuit should be submitted to the court with the proper order signed by all parties attached. These do not require a hearing. The court sets two kinds of D.W.O.P. dockets. 1. Failure to reasonably prosecute your case, if you are a plaintiff. I decide this based on either one or a combination of several factors, e.g. failing to show up on the day of trial, or no response after we send out a notice telling you that you are in danger of being DWOP’d., and 2) Failing to provide a judgment within a reasonable period of time after your case has settled, (usually 30 days, unless you tell me you need more time). d. Other motions (special exceptions, sanctions, severance/consolidation, default judgment, etc.): Follow the procedure outline in 4 (a). I do not grant sanctions except in egregious cases. Defaults do not always require a hearing, but they may depending on whether they pass my “smell test” when I look at the paperwork. Caveat: It is much more difficult to get a default here if the defendant was served through a Rule 106 motion. 4. How do I get notice of a ruling? You can now retrieve this information on the web page under the "Check Docket Setting" inquiry. Post cards are always sent out by the District Court’s office whenever an order is signed. On occasion, parties are called with rulings, especially in the case of summary judgments. Parties can always call the clerk to check on the status of any pending matter. DOCKETS 5. Submission vs.oral hearing: Submission date for summary judgments is Mondays at 10:30 a.m. Submission date for all other motions is Mondays at 9:00 a.m. Oral hearings are on Mondays. Oral hearings are limited to 15 minutes unless the court agrees to an extension. Oral hearings can be requested on any motion, but are not always granted. If you need more than 15 minutes you must tell the clerk when you set the hearing the amount of time required for all sides to be heard. 6. Dismissal docket and motions to retain: Motions to retain can be filed with the proposed order and set for submission on the date set out by the dismissal order. Second Motions to Retain may be set for oral hearing by the court. Third motions are generally used to light the cigars of the attorneys in the courtroom. 7. Telephone Conferences: Telephone conferences are encouraged and can be set up by calling the clerk. See 4(a) above. TRIAL 8. Level 3 cases: If the parties have not submitted an agreed Docket Control Order within 6 months of an answer being filed, the Court will set the case for trial within 18 months of the date petition was filed. The Court will follow the time limitations set out in TRCP. If the parties cannot agree on a scheduling order, they should call the court and set up a status conference with the judge or trial coordinator. 9. Settings and re-settings: Parties can always file a written request for a specific trial setting. After a case is on file 6 months, and if an answer is on file, the court will set the case for trial. Cases with no service or no answer are put on a D.W.O.P. docket at this time. Cases not reached on a trial docket are automatically reset by the court to the next available docket. 10. Preferential trial settings? Hardly ever. 11. Pre-trial orders? We do not use pre-trial orders unless it is a complicated case. I allow them to be filed and will use them when the attorneys for both sides think they will be of value. 12. Assignment to trial: Parties are sent a Docket Control Order or Order Resetting Trial. Docket positions are assigned via telephone conference with the trial coordinator, Deb Grun, one (1) to two (2) weeks prior to the trial date. 13. Jury voir dire: Plan on 30 minutes to 1 hour per side which is usually plenty for most cases. After voir dire is concluded, I will visit with the attorneys to see if there are any jurors with which we need to speak. (There are usually not many!) DO NOT TELL THE PANEL THAT THEY CAN VISIT WITH THE JUDGE! 14. When do you want proposed jury questions? First day of trial. 15. Equipment available: All Harris County Civil Courts now have available in the courtroom overhead projectors, document cameras, cd player, vhs player and cassett player. Parties can also hook-up their personal laptops at the counsel tables. 16. Continuances: Requests for continuance should be filed as soon as it appears a continuance will be needed. First time continuances are generally granted, but even agreed second and third continuances may require an oral hearing or telephone conference with the judge. Unopposed or agreed continuances do not require an oral hearing or submission date but should be filed with the court with the appropriate order attached. If the Judge requires a hearing or telephone conference, the Court will contact all parties and set it up. Opposed continuances should be set for submission with a proposed order attached. Valid certificates of conference must be included in the motion. ALTERNATE DISPUTE RESOLUTION 17. ADR/Mediation: All cases must have mediated prior to trial unless an objection has been properly filed and ruled on by the court. If an objection is filed, an order must be attached for the Judge to either sustain or deny the objection. Parties should agree on a mediator whenever possible . GENERAL 18. What's New???: We are updating information. How about including you e-mail address in your signature line. 19. Guaranteed Courtroom Explosions: Interrupting me(!!) and interrupting opposing counsel is forbidden. Hyper technical discovery supplementation objections are frowned on and should not be made unless you and all of your future clients are willing to have the same standards applied to you. Don’t shade the truth. Follow Rule 1 of the Rules of Civil Procedure. 20.. Play nice. |
| Hon. Elizabeth Ray Judge of the 165th District Court in Harris County, Texas Nota bene: Include your email address in your signature block and "Play Nice!" Houston Opinions |
| Houston Courts and Cases Harris County Civil Courts and Judges (Non-family) |
| THE INCUMBENT IN HER OWN WORDS |
THE CHALLENGER IN HER OWN WORDS |
| Elizabeth Ray, Republican Education: Texas Tech; Baylor Law School; law clerk, U.S. Magistrate. Well-qualified: Civil District Judge since 1992; 14 years private practice; Board Certified, civil trial law; certified mediator; specialist in commercial litigation, business law. Honors: Trial Judge of the Year; twice elected Chief Administrative Judge; Top 10 Texas Women on the /// |
Josefina Muniz Rendon, Democrat Municipal Judge since 1983; Attorney since 1977, Mediator since 1993. Presided over hundreds of trials. Mediated hundreds of legal disputes. Published dozens of legal articles. Editorial Board Member: TEXAS BAR JOURNAL, TEXAS MEDIATOR and HOUSTON LAWYER. Past President: Texas Association of Mediators. Mediator/Trainer for U.S. Air Force, Army, Navy. www.Rendonforjudge.com |
| WHEN SHOULD A JUDGE RECUSE? |
WHEN SHOULD A JUDGE RECUSE? |
| In addition to the statutory standards, a judge must recuse when she does not believe she can rule fairly or impartially. She must also recuse when there is an appearance of impropriety. Whether there is an appearance of impropriety must be considered from the position of the litigants, not that of the judgE |
A judge should withdraw from a case anytime there is a reasonable question about his/her impartiality; there’s an appearance or reality of personal bias or prejudice concerning the case; if a family member is involved in the case; or for any other reason as specified in Rule 18b of Texas Rules of Civil Procedure. |
| 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 |
