Recent Appeals from cases in Judge Robert Schaffer's 152nd District Court

In re Certain Underwriters at Lloyd's London (pdf) (Tex.App.- Houston [1st Dist.] Jan. 15, 2009)(Bland)
(
plenary power of trial court expired, void order, mandamus granted)(unless motion extending plenary
power is filed, plenary power expires thirty days after final judgment is signed)
By a petition for writ of mandamus, Certain Underwriters at Lloyd’s of London, Subscribing to Policy No. FRW14151
(“Lloyds”) challenge the trial court’s September 21, 2009 order vacating an earlier summary judgment and declaring that
Lloyds has a duty to defend real party in interest, Keith E. Parker, in a separate lawsuit. Lloyds contends that the trial court’
s order is void because its plenary power had expired before it signed the order. We agree that the trial court lacked
plenary power; thus, the September 2009 order is void. Accordingly, we conditionally grant mandamus relief.
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland  
Before Chief Justice Radack, Justices Bland and Massengale   
01-09-00851-CV    In Re Certain Underwriters at Lloyd's London   
Appeal from 152nd District Court of Harris County
Trial Court Judge:
Hon. Robert Schaffer     

In re Osornia (
Tex.App.- Houston [1st Dist.] Nov. 20, 2009)(per curiam)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Keyes, Alcala and Hanks
01-09-00535-CV        In Re Fernando Osornia
Appeal from 152nd District Court of Harris County
Trial Court Judge:  Hon. Robert Schaffer  
By petition for writ of mandamus, relator, Fernando Osornia, sought relief compelling the trial court to
vacate its order compelling his deposition. On November 9, 2009, Fernando moved to dismiss the
petition for writ of mandamus. No objection has been filed, and no opinion has issued. Accordingly, the
motion is granted, and the petition for writ of mandamus is dismissed. Tex. R. App. P. 42.1(a)(1).

In Re Thompson (Tex.App.- Houston [14th Dist.] Jul. 23, 2009)(mandamus petition re: forwarding of
notice of appeal mooted by docketing of appeal)
DISMISSED: Per Curiam   
Before Justices Anderson, Guzman and Boyce  
14-09-00604-CV In re Lawrence Edward Thompson   
Appeal from 152nd District Court of Harris County
Trial Court Judge: Hon. Robert Schaffer

M E M O R A N D U M   O P I N I O N

On June 6, 2009, relator, Lawrence Edward Thompson, filed a petition for writ of mandamus in this court.  See Tex. Gov't
Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator seeks to compel the respondents,
the Honorable Robert Schaffer, presiding judge of the 152nd District Court of Harris County, and the Harris County District
Clerk to forward his notice of appeal to the court of appeals.
Relator's notice of appeal has been filed in this court and his appeal is pending in this court in cause no. 14-09-00596-
CV, styled Lawrence Edward Thompson v. Aldine Independent School District.  Therefore, relator's claim for relief has
been rendered moot.
Accordingly, we dismiss relator's petition for writ of mandamus.


Recent Appeals from cases in Judge Ken Wise's 152nd District Court
[click link and then page down]
Hon. Robert Schaffer
New Presiding Judge of the 152nd District Court
in Harris County, Texas
Harris County Civil Courts
and Judges
Houston Opinions Home Page
Harris County Civil Courthouse - Frontal View
Judicial Campaign Yard Sign of Robert Schaffer, Democratic Candidate for 152th District Court Bench in Harris County, Houston, TX




Also see ---> Official web site for the 152nd District Court (Hon. Schaffer)
(Hon. Robert Schaffer, presiding judge)
Judge Kenneth Price Wise, better known as Ken Wise
sought reelection as the Republican candidate for this bench (See -->
Ken Wise Campaign Website). A majority of Harris County voters
however, opted for Wise's Democratic opponent in the 2008 general
election,
Robert K. "Bob" Schaffer. Attorney David Melasky
was Schaffer's opponent in the Democratic primary. See photos of these
candidates on the
Harris County Democratic Party  web site. Also see
entire slate of
Democratic Judicial Candidates running against
Republican civil district court incumbents in Harris County   | Incumbent
Harris County GOP Judges seeking reelection
THE HOUSTON CHRONICLE ENDORSED THE DEMOCRATIC
CANDIDATE: Robert Schaffer for 152nd Judicial District: "Democrat
Schaffer has practiced law for nearly a quarter-century in Houston and
has served as the president of the Houston Trial Lawyers Association."
Also see Candidate interview with Robert Schaffer (Off the Kuff)
THE INCUMBENT IN HIS OWN WORDS
THE CHALLENGER IN HIS OWN WORDS
Ken Wise, Republican
I have been Judge of the 152nd District Court
over 6 years. I am Civil Administrative Judge for
2008. I chaired the completion of the new Civil
Courthouse, designed technologically advanced
courtrooms, and pioneered a paperless filing and
docketing system. I graduated from Texas A&M
and the University of Houston.
Robert K. Schaffer, Democrat
Sole Practitioner, Certified Mediator; South Texas
College of Law, 1984; University of Arizona, 1974;
licensed in Texas, 1984; President, Houston Trial
Lawyers Association, Houston Trial Lawyers
Foundation and South Texas College of Law Alumni
Association; Chair, State Bar Grievance Committee;
Member, SW Regional Board of Anti-Defamation
League; AV rating.
WHEN SHOULD A JUDGE RECUSE?
WHEN SHOULD A JUDGE RECUSE?
Judicial canons, statutory law and an individual
Judge’s discretion are all involved when a motion
to recuse is filed. Unfortunately, sometimes
parties will use such motions as a delay tactic. A
Judge should always recuse when appropriate
but should not countenance the tactical use of a
motion to recuse to cause delay or for an
otherwise improper purpose.
A judge must recuse himself/herself in any case in
which his/her impartiality might be questioned.
Examples include having a bias or prejudice
concerning the case, personal knowledge
of disputed facts in the case, being a witness in the
case, having a financial interest in the subject matter
of the case or being a party or a lawyer in the case.
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
152nd Judicial District
Robert Schaffer Defeats Republican Incumbent
Ken Wise in 2008 Judicial Election
2008 ELECTION OUTCOME: REP Ken Wise 537,730 Votes: 48.90%
DEM
Robert Schaffer 561,864 Votes: 51.10% See all Harris County Election Results
Photo of Judge Robert Schaffer New Judge of the 152nd District court Harris County Texas Houston

Harris County District Court Judges

11th  Judge Mike Miller (2009)
11th  Judge Mark Davidson (former)  
55th  
Judge Dion Ramos (elected 2008)
55th  Judge Jeff Shadwick (former)
55th  Judge Jeff Brown (former)
61st  Judge Al Bennet (2009)
61st  Judge John Donovan (former)
80th  Judge Larry Weiman (2009)
80th  Judge Lynn Bradshaw-Hull (former)
113th  Judge Patricia Hancock
125th  Judge Kyle Carter (2009)
125th  Judge John Coselli (former)
127th  Judge R. K. Sandill (2009)
127th  Judge Sharolyn Wood (former)
129th  Judge Michael Gomez (2009)
129th  Judge Grant Dorfman (former)
133th  Judge Jaclanel McFarland (2009)
133th  Judge Lamar McCorkle (former)
151st   Judge Mike Engelhart (2009)
151st   Judge Caroline E. Baker (former)
152nd  Judge Robert Schaffer (2009)
152nd  Judge Kenneth Wise (former)
157th   Judge Randall Wilson
164th   Judge Alexandra Smoots-Hogan (2009)
164th   Judge Martha Hill Jamison (former)
165th   Judge Josefina Muniz Rendon (2009)
165th   Judge Elizabeth Ray (former)
189th   Judge Bill Burke
190th   Judge Patricia Kerrigan (reelected '08)
190th   Hon. Jennifer W. Elrod (now on 5th Cir)
215th   
Judge Steven E. Kirkland (2009)
215th   Judge Levi Benton (former)
234th   Judge Reece Rondon
269th   Judge Dan Hinde (appointed 2008)
269th   John T. Wooldridge (resigned 2008)
270th   Judge Brent Gamble
280th   Judge Tony Lindsay
281st   Judge Sylvia Matthews (appt'd 2008)
281st   Judge David J. Bernal (resigned 2008)
295th   Judge Tracy E. Christopher
333rd  Judge Joseph James "Tad" Halbach Jr.
334th  Judge Sharon McCally (reelected 2008)
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