For contact info incl. phone number see ---> Official web page of 309th District Court (Hon. Frank Rynd)
RECENT APPEALS FROM CASES IN JUDGE RYND'S COURT
Elbar Investments, Inc. v. Johnston (Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(Massengale)
(dispute over attorney's fees awarded in connection with filing and cancellation of lis pendens, complaint
not preserved for appellate review)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Massengale
Before Justices Keyes, Sharp and Massengale
01-09-00757-CV Elbar Investments, Inc. v. Cheryle R. Johnston
Appeal from 309th District Court of Harris County
Trial Court Judge: Hon. Frank B. Rynd
Sheshtawy v. Sheshtawy, (Tex.App.- Houston [14th Dist.] Nov. 18, 2008)(Hudson) (divorce, property,
motion for new trial based on claim of new evidence fails, diligence, cumulative evidence)
AFFIRMED: Opinion by Justice Hudson
Before Chief Justice Hedges, Justices Hudson and Brown
14-07-00227-CV Amal Sheshtawy v. Adel Sheshtawy, Drill Bit Industries, Inc. and Tri-Max Industries, Inc.
--Appeal from 309th District Court of Harris County
Trial Court Judge: Judge Frank Barlow Rynd
McLane v. McLane (Tex. App.- Houston [1st Dist.] May 1, 2008)(Opinion on motion for rehearing by
Hanks)(motion to modify, child support decrease granted in part, intentional underemployment found,
guideline deviation, retroactive application of change in court-ordered monthly child support denied)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00634-CV Michael McLane v. Sandra Helene McLane
Appeal from 309th District Court of Harris County
Trial Court Judge: Hon. Frank B. Rynd
World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)
(marital property, assets, fraudulent transfer claim, real estate, title, lis pendens)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Judge Sears, Justices Brock Yates and Anderson
14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)
McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(superseded opinion by Hanks)
(SAPCR, motion to modify prior child support order)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Taft, Hanks and Higley
01-06-00634-CV Michael McLane v. Sandra Helene McLane
Appeal from 309th District Court of Harris County (Judge Frank Rynd)
In Re Mohammed Malekzadeh (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson)(mandamus)
MOTION OR WRIT DENIED: Opinion by Justice Hudson
Before Justices Brock Yates, Anderson and Hudson
14-06-00341-CV In Re Mohammed Malekzadeh
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)
In Re James Prince (Tex.App.- Houston [14th Dist.] Dec. 12, 2006)(per curiam)
[discovery procedure, deposition, motion for sanctions, nonparty witness]
MOTION OR WRIT GRANTED: Per Curiam
Before Justices Fowler, Edelman and Frost)
14-06-00895-CV In Re: James Prince, Jr.
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)
Award of Attorney's Fees as Additional Child Support Reversed
Duruji v. Duruji (Tex.App.- Houston [14th Dist.] Feb. 27, 2007)(Fowler)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler
Before Justices Fowler, Edelman and Frost
14-05-01185-CV In the Matter of the Marriage of Obinna Duruji and Esther Oby Duruji
Appeal from 309th District Court of Harris County
In his eighth issue, Obinna contends the trial court erred when it ordered him to pay a portion of Esther's
attorney's fees as child support. We review an award of attorney's fees in the nature of child support for
abuse of discretion. See London v. London, 94 S.W.3d 139, 146 (Tex. App.- Houston [14th Dist.] 2002,
no pet.).
The divorce decree reflects that an attorney's fee of $1,000 was awarded "as child support" to Esther's
trial attorney. The record does not reflect that the award was incurred in a child support enforcement
proceeding or some other proceeding in which attorney's fees as child support may be awarded. See
Roosth v. Daggett, 869 S.W.2d 634, 637 (Tex. App.- Houston [14th Dist.] 1994, no writ) (holding that
attorney's fees incurred in divorce proceeding creating child support obligation and specifically
designated as costs were a debt and were not enforceable through contempt as child support).
At oral argument, Esther's attorney conceded the award was defective as written, but suggested we
merely reform the judgment to strike the erroneous language. However, because we are reversing and
remanding for a new trial on child support, we consider the better solution to be for the trial court to
correct any errors in the attorney's fee award at that time.
We therefore sustain Obinna's eighth issue.
Late Notice of Appeal in Convoluted Case Defeats Jurisdiction and Dooms Appeal
Gantt v. Gantt (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Edelman)(subst. opinion)
(family law, divorce, appellate procedure, bankruptcy stay, untimely notice of appeal, DWOJ, law of the
case) DISMISSED: Opinion by Justice Edelman
Before Chief Justice Hedges, Justices Edelman and Seymore)
14-03-00969-CV Jerry Gantt and Lisa Foster Gantt v. Carol B. Gantt
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)
(“We overrule appellee’s motion for rehearing, withdraw our opinion issued in this case on April 13, 2006,
and issue this substitute opinion in its place. In this divorce case, the parties appeal and cross-appeal a
2003 divorce decree and final judgment (the “2003 judgment”) on numerous grounds. We dismiss for
lack of subject matter jurisdiction.“)
Child Support Amount Above Guidelines as Discovery Sanction Reversed and Lowered
Glash v. Glash (Tex.App.- Houston [14th Dist.] Oct. 10, 2006)(Seymore)
(family law, child support, sanctions reversed, child support reduced to guideline amount)
AFFIRMED AS MODIFIED: Opinion by Justice Seymore
Before Justices Hudson, Fowler and Seymore
14-05-00846-CV Randall Gene Glash v. Arlene Sue Glash
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)
| Hon. Frank Barlow Rynd Family District Court Judge in Harris County, Texas Houston Opinions |
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