Decisions in Recent Appeals from the 234th District Court (Judge 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
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
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
