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 |
| 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 |
