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 |
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)
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| 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
DEM Robert Schaffer 561,864 Votes: 51.10% See all Harris County Election Results
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