For contact Information including telephone numbers and address for this court and a photo of Judge
Reece Rondon, go to ---> official web page for the 234th District Court of Harris County
also see --> Hon. Bruce Oakley, former presiding judge of the 234th District Court, Houston, TX
Decisions in Recent Appeals from the 234th District Court (Judge
Rondon)
Peredo v. Grupo Cuadro, S.A. De C.V. (Tex.App.- Houston [14th Dist.] Mar 2. 2010)(Anderson)
(denial of special appearance was error, severance and dismissal for want of in personal jurisdiction
ordered)
A Mexican corporation brought suit in Harris County against a vendor and two of the vendors’ Texas employees. The
vendor counterclaimed against the Mexican corporation’s president, who resides in California, and the trial court
denied the nonresident counterdefendant’s special appearance. Because the evidence does not support the trial
court’s exercise of personal jurisdiction over the nonresident, we reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson and Brown
14-08-01032-CV Miguel Peredo v. Grupo Cuadro, S.A. de C.V.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Silas v. St. Lukes' Episcopal Properties Corp. (Tex.App.- Houston [14th Dist.] Jan. 28, 2010)(Seymore)
(summary judgment against res ipsa loquitur premises liability claim affirmed, no proof that defendant
knew of dangerous defect on premises)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Seymore and Sullivan
14-08-00353-CV Kimberly Silas v. St. Luke's Episcopal Properties Corporation and The Women's
Specialist of Houston, PLLC
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Malatesta v. Dove Meadows HOA (Tex.App.- Houston [1st Dist.] Dec. 22, 2009)(Bland)
(HOA litigation, deed restrictions, conclusory affidavit)
Bryan D. Malatesta and Willie Voncille Malatesta, record owners of a parcel on Meadowhill Drive in the Dove Meadows
subdivision (the Meadowhill Drive property), appeal the trial court’s summary judgment granting Dove Meadows’s
request for injunctive relief for deed restriction violations and attorney’s fees. The Malatestas contend that the trial
court erred in failing to consider their appearance and response in opposition to Dove Meadows’s motion for
summary judgment. They also challenge the affidavits Dove Meadows submitted with its motion, contending that they
cannot support the summary judgment. Finding no error, we affirm.
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-08-00772-CV Bryan D. Malatesta, Willie Voncille Malatesta v. Dove Meadows Homeowners
Association, Inc. Appeal from 234th District Court of Harris County
Trial Court Judge: The Honorable Reece Rondon
Sharp Dissent in Dyess v. Harris (corrected opinion) (Tex.App.- Houston [1st Dist.] Oct. 26, 2009)
(Sharp, Dissenting) ("I dissent. The trial court preemptively usurped the jury’s fact-finding role.")
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Sharp
Before Chief Justice Radack, Justices Taft and Sharp
01-08-00673-CV Carl D. Dyess a/n/f of Allison Veasey v. Leon Harris, Donna L. Harris and Spaulding
for Childrens
Appeal from 234th District Court of Harris County
Trial Court Judge: The Honorable Reece Rondon
Diaz v. DTC West Tidwell Corp. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Sullivan)
(deadly shooting at carwash, no premises liability, killing not forseeable)
AFFIRMED: Opinion by Justice Sullivan
Before Justices Seymore, Brown and Sullivan
14-08-00402-CV Pedro Santiago Diaz, Jerry Diaz, as surviving child of Pedro Santiago Diaz, Yvette
Mercado, as surviving child of Pedro Santiago Diaz, and as adminstrator of the Estate of Pedro Diaz
and MIchelle Diaz, as surviving child of Pedro Santiago Diaz v. DTC West Tidwell Corporation, DBA U.
S. Auto Wash
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Smith v. Harford Underwriters Ins. Co. (Tex.App.- Houston [14th Dist.] Oct. 6, 2009)(Frost)
(workers compensation appeal by both sides, compensable injury)
AFFIRMED: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00133-CV Janice Smith v. Hartford Underwriters Insurance Company
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
O'Conor v. The Frost National Bank (Tex.App.- Houston [1st Dist.] Oct. 8, 2009)(Keyes)
(invasion of privacy claim fails, disclosure of social security number)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Keyes, Alcala and Hanks
01-08-00229-CV Robert O'Conor, Jr. v. The Frost National Bank
Appeal from 234th District Court of Harris County
Trial Court Judge: The Honorable Reece Rondon
Sutton, MDS Ranch, LLC v. Horseshoe Hills, Ltd (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)
(Guzman) (agreed settlement reversal)
VACATED AND REMANDED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-07-00723-CV Mark B. Sutton, MDS Ranch, L.L.C. and Meridian Exchange Corporation, d/b/a Bee
Creek Realty v. Horseshoe Hills, Ltd., Horseshoe Holdings, L.C., and Don R. Riddle
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Elliot v. Newsom (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala)
(no deemed admissions as to legal conclusions)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00692-CV Roger L. Elliot and Tracy Dehmer v. John Paul Newsom and JPN Properties
Appeal from 234th District Court of Harris County
Trial Court Judge: Hon. Reece Rondon
Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical Medicine Center, LLC
(special appearance, foreign defendant, purposeful availment)
(Tex.App.- Houston [1st Dist.] July 24, 2008)(Nuchia)
AFFIRM TC JUDGMENT: Opinion by Justice Nuchia
Before Justices Nuchia, Alcala and Hanks
01-07-00849-CV Healix Infusion Therapy, Inc. v. South Florida Infectious Diseases & Tropical
Medicine Center, LLC
Appeal from 234th District Court of Harris County
Trial Court Judge: Hon. Reece Rondon
Wellington Underwriting Agencies Limited v. The Houston Exploration Co. (Tex.App.- Houston [1st
Dist.] July 17, 2008)(Hedges) (ILA certified, insurance coverage, oil production offshore)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Fowler and Boyce
14-07-00970-CV Wellington Underwriting Agencies Limited, Et Al v. The Houston Exploration
Company and Offshore Specialty Fabricators, Inc.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
City of Houston v. Proler (Tex.App.- Houston [14th Dist.] June 26, 2008)(per curiam)
(agreed dismissal, motion to split costs denied in absence of agreement)
DISMISSED: Per Curiam
Before Justices Brock Yates, Anderson and Brown
14-08-00110-CV City of Houston v. Shayn A. Proler
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Biosilk Spa, LP v. HG Shopping Centers, LP (Tex.App.- Houston [14th Dist.] May 8, 2008)(Yates)
(fraud, fraudulent inducement, negligent misrepresentation, and promissory estoppel, no reasonable
reliance)
AFFIRMED: Opinion by Justice Brock Yates
Before Price, Justices Brock Yates and Guzman
14-06-00986-CV Biosilk Spa, L.P., f.k.a. One Marengo, L.P. v. HG Shopping Centers, L.P.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
Haaksman v. Diamond Offshore (Bermuda), Ltd. (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)
(Anderson) (domestication of foreign money judgment, personal jurisdiction over debtor)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-00477-CV Suzanne Elisabeth Haaksman (as beneficiary of Robert Duncan Burn Quinn) and
Thomas Joseph McCartney v. Diamond Offshore (Bermuda), LTD.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon
American Heritage, Inc. v. Nevada Gold & Casionos, Inc. (Tex.App.- Houston [1st Dist.] Feb. 7 2008)
(Bland) (standing, alter ego)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Bland
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00057-CV American Heritage, Inc., d/b/a The Gillmann Group v. Nevada Gold & Casinos, Inc.
Appeal from 234th District Court of Harris County (Hon. Reece Rondon)
In Re Crown Castle Int. Group (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Hedges)
(discovery mandamus, protective order, shareholder suit, corporate officials, breach of fiduciary duty)
MOTION OR WRIT GRANTED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Guzman and Boyce
14-07-00460-CV In Re: Crown Castle International Corp
Appeal from 234th District Court of Harris County (Honorable Reece Rondon)
In this original proceeding, relator, Crown Castle International Corp., seeks a writ of mandamus ordering the respondent, the Honorable
Reece Rondon, presiding judge of the 234th District Court, Harris County, to vacate its May 8, 2006 order to the extent that it denies
Crown Castle's motion for protective order and fails to stay discovery pending real parties' in interest, Edward Britt, Dwight Jones, Dina
Michelle, Kent Szabo, and Kritsy Lynch (the "shareholders"), having sufficiently pleaded that presuit demand on the corporation is
excused. We conditionally grant the writ.
* * *
We therefore conditionally grant Crown Castle's petition for a writ of mandamus and direct the trial court to vacate its May 8, 2007 order
to the extent that it denies Crown Castle's motion for protective order and fails to stay all discovery pending the shareholders= having
pleaded adequately that demand on the board of directors is excused. The writ will issue only if the trial court fails to act in
accordance with this opinion
Mendenhall v. The Estate Of Mendenhall (Tex.App.- Houston [14th Dist.] Jan. 29, 2008)(Price)
[probate law, res judicata, proceeding in another state]
AFFIRMED: Price
Before Price, Justices Brock Yates and Guzman
14-06-00965-CV Denia Mendenhall v. The Estate of James Mendenhall, Deceased
Appeal from 234th District Court of Harris County (Judge Reece Rondon)
Gordon v. Godsey (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Jennings)(trespass to try title)
AFFIRM TC JUDGMENT: Opinion by Justice Jennings
Before Justices Nuchia, Jennings and Keyes
01-07-00494-CV Ronald X. Gordon v. Flora Godsey
Appeal from 234th District Court of Harris County (Judge Reece Rondon)
Haaksman v. Diamond Offshore (Bermuda), Ltd (Tex.App.- Houston [14th Dist.] Dec. 20, 2007)
(Anderson) (foreign judgment, domestication, in personam jurisdiction)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-00477-CV Suzanne Elisabeth Haaksman (as beneficiary of Robert Duncan Burn Quinn) and
Thomas Joseph McCartney v. Diamond Offshore (Bermuda), LTD.
Appeal from 234th District Court of Harris County (Hon. Reese Rondon)
Clark v. Lowe's Home Centers, Inc. (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Keyes)(PI, store
premises liability)
AFFIRM TC JUDGMENT: Opinion by Justice Keyes
Before Justices Nuchia, Jennings and Keyes
01-06-00689-CV Billy Clark v. Lowe's Home Centers, Inc., d/b/a Lowe's of Tomball, TX, Store #1052
and Union Corrugating Company
Appeal from 234th District Court of Harris County (Hon. Reece Rondon)
Urista v. Bed, Bath & Beyond (Tex.App.- Houston [1st Dist.] Oct. 18. 2007)(Alcala)(opinion on
rehearing post-remand from Texas Supreme Court)
(PI, jury issues, customer's personal injury in store)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Jennings and Alcala
01-02-00150-CV Urista, Rafael v. Bed, Bath & Beyond, Inc.
Appeal from 234th District Court of Harris County (Hon. Reece Rondon)
In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist,] Oct. 18, 2007)
(Seymore)(substitute opinion)(discovery dispute in suit involving elections and local politics)
MOTION OR WRIT DENIED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc
Appeal from 234th District Court of Harris County (Hon. Reese Rondon)
Lee v. Palacios (Tex.App- Houston [14th Dist.] Oct. 11, 2007)(Seymore)
(auto PI, motion for new trial)
AFFIRMED: Opinion by Justice Seymore
Before Justices Brock Yates, Edelman and Seymore
14-06-00428-CV Wai-Ling Lee v. Rose Marie Palacios
Appeal from 234th District Court of Harris County (Hon. Reese Rondon)
In Re Citizens Supporting Metro Solutions, Inc. (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(first,
superseded opinion by Justice Seymore)(discovery mandamus denied)
MOTION OR WRIT DENIED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-07-00190-CV In Re: Citizens Supporting Metro Solutions, Inc
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
Newsome v. St. Lukes Hospital (Tex.App.- Houston [14th Dist.] May 31, 2007)(per curiam)
DISMISSED: Per Curiam [DWOP untimely notice of appeal]
Before Justices Brock Yates, Anderson and Frost
14-06-01149-CV Edward Roy Newsome v. St. Lukes Hospital, Director
Appeal from 234th District Court of Harris County
HCAD v. Blue Flash Express, LLC (Tex.App.- Houston [ 1st Dist.] May 10, 2007)(Taft)
[tax appeal, suit for judicial review, exhaustion of administrative remedies, due process, notice]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by
Justice Taft
Before Justices Taft, Alcala and Hanks
01-06-00783-CV The Harris County Appraisal District and the Harris County Appraisal Review Board
v. Blue Flash Express, LLC, City of La Porte and La Porte Independent School District, and San
Jacinto Community College District
Appeal from 234th District Court of Harris County (Judge Reece Rondon)
Ace American Ins. Co. v. Marez (Tex.App.- Houston [1st Dist.] Apr. 13, 2007)(Hudson)
[workers comp case; attorneys fees]
REVERSED AND RENDERED: Opinion by Justice Hudson
(Before Chief Justice Hedges, Justices Hudson and Edelman
14-06-00592-CV Ace American Insurance Company v. Erasmo Marez
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
("In this workers' compensation case, a jury found that Erasmo Marez was not injured in the course
and scope of his employment at Trinity Industries, Inc. The trial court, however, granted Marez's
motion for judgment notwithstanding the verdict ("JNOV") in Marez's favor and ordered Ace American
Insurance Company, Trinity Industries' worker's compensation insurance carrier and the plaintiff
below, to pay Marez's attorney's fees. On appeal, Ace contends the trial court erred in granting the
JNOV and awarding attorney's fees because more than a scintilla of evidence supports the jury's
verdict. In a cross-point, Marez contends that, if more than a scintilla of evidence supports the jury's
verdict, the verdict was against the great weight and preponderance of the evidence. We reverse
and render.")
Jackson v. TSU (Tex.App.- Houston [14th Dist.] Jun. 12, 2007)(Fowler)
AFFIRMED: Opinion by Justice Fowler
Before Chief Justice Hedges, Justices Fowler and Edelman
14-06-00295-CV Robert Jackson v. Texas Southern University-Thurgood Marshall School of Law, J.
Faith Jackson, Individually and as Employee and McKen Carrington, Individually and as Employee
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
In re David Rose (Tex.App.- Houston [14th Dist.] Feb. 20, 2007)(per curiam denial of mandamus
petition)
MOTION OR WRIT DENIED: Per Curiam
(Before Justices Brock Yates, Anderson and Hudson)
14-07-00062-CV In Re: David Rose and Dana Rose
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
Heggen v. Graybar Electric Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Yates)
[default judgment, sufficiency of service, defective service of citation)
AFFIRMED: Opinion by Justice Brock Yates
(Before Chief Justice Hedges, Justices Brock Yates and Seymore)
14-06-00058-CV Allen Heggen and Paula Heggen v. Graybar Electric Company, Inc.
Appeal from 234th District Court of Harris County (Judge Reese Rondon)
Lee v. Palacios (Tex.App- Houston [14th Dist.] Oct. 11, 2007)(Seymore)(auto PI, motion for new trial)
| Hon. Reece Rondon aka Mauricio Rondon Judge of the 234th District Court in Harris County, Texas Houston Opinions |
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