Recent Appeals from cases in Judge Ken Wise's 152nd District Court Fite, MD v. Emtel, Inc. (Tex.App.- Houston [1st Dist.] Oct. 2, 2008)(op. on motion for rehearing by Hanks)(corporate receivership)(corporate receivership, bond) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-07-00273-CV Diana Fite, M.D. and Intervenor Patrick J. Woods, M.D. v. Emtel, Inc., Joseph Degioanni, M.D., Individually and on behalf of BEPA Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Choice Auto Brokers, Inc. v. Dawson (Tex.App.- Houston [1st Dist.] Sep. 25, 2008)(Nuchia) (Internet sales of vehicles and personal jurisdiction, accelerated, interlocutory appeal challenging the trial court's order denying of special appearance; case dismissed for lack of personal jurisdiction) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Sam Nuchia Before Chief Justice Radack, Justices Nuchia and Higley 01-07-01035-CV Choice Auto Brokers, Inc. v. Carl Dawson Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Garrett v. Harris County Hospital District (Tex.App.- Houston [1st Dist.] Aug. 14, 2008)(Bland) (TTCA, HCLC, discovery rule does not appy to notice requirement under Texas Tort Claims Act) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Jennings and Bland 01-07-00836-CV Autrey Garrett, Individually and as next Friend of Jasmine, Devin and Shanae Garrett, Minor Children v. Harris County Hospital District Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Green v. Alford (Tex.App.- Houston [14th Dist.] July 15, 2008)(Opinion on en banc rehearing by Guzman) (personal injury PI liability for fire truck collision, accident, official immunity defense rejected) AFFIRMED: Opinion by Justice Guzman Before Chief Justice Hedges, Justices Brock Yates, Anderson, Hudson, Fowler, Frost, Seymore, Guzman, Brown and Boyce 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Concurring Opinion by Justice Frost Dissenting Opinion by Justice Hudson Awoniyi v. Mcwilliams, MD (Tex.App.- Houston [14th Dist.] June 10, 2008)(Brown) HCLC, untimely expert report, attorney's fees award remanded, failure to segregate recoverable an unrecoverable) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown Before Justices Brock Yates, Guzman and Brown 14-07-00071-CV Oluwakemi Awoniyi & Quadri Ige v. Robert Barton McWilliams., M.D. and the Womans Hospital of Texas Appeal from 152nd District Court of Harris County Trial Court Judge: Kenneth Price Wise Piper v. Storage Trust Realty (Tex.App.- Houston [14th Dist.] Apr. 10, 2008)(per curiam) (no brief filed) DISMISSED: Per Curiam 14-07-00334-CV David Piper and Wife Sharon Piper v. Storage Trust Realty, Inc. and Public Storage, Inc. | Appeal from 152nd District Court of Harris County | Trial Court Judge: Kenneth Price Wise Poland v. Dr. James Willerson (Tex.App.- Houston [1st Dist.] Mar. 13, 2008)(Taft) (HCLC, expert report, TTCA, election of individual defendant or governmental unit) AFFIRM TC JUDGMENT: Opinion by Justice Taft 01-07-00198-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. James Willerson Appeal from 152nd District Court of Harris County (Judge Ken Wise) In Re Next Financial Group, Inc. (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(per curiam denial) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00005-CV In Re Next Financial Group, Inc. Appeal from 152nd District Court of Harris County (Judge Ken Wise) St. Luke's Episcopal Hospital and Texas Heart Institute v. Poland (Tex.App.- Houston [1st Dist.] Feb. 14, 2008)(Taft) (HCLC, medical malpractice, timeliness of expert report) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Taft (Before Justices Taft, Keyes and Alcala) 01-06-01038-CV St. Luke's Episcopal Hospital and Texas Heart Institute v. Raymon Poland, individually and as independent administrator of the estate of Jesse Poland, Robert Martin, and Frank Martin Appeal from 152nd District Court of Harris County (Honorable Ken Wise) General Star Indemnity Co. v. Gulf Coast Marine Ass'n (Tex. App. - Houston [14th Dist.] Feb. 14, 2008)(Guzman) (insurance law, duty to defend, indemnify) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00662-CV General Star Indemnity Co. v. Gulf Coast Marine Associates, Inc. Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Dissenting Opinion by Justice Brock Yates Austin v. Countywide Home Loans (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Hanks) (suit on promissory note) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-06-00547-CV Albert O. Austin v. Countrywide Home Loans, Rex L. Kessler, Thomas E. Redder and Keith Morris Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Poland v. Grigore (Tex.App.- Houston [1st Dist.] Feb. 1, 2008)(Taft) (HCLA, Med Mal, expert report) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00197-CV Raymon Poland, individually and as independent administrator of the estate of Jesse Pland, Robert Martin, and Frank Martin v. Dr. Alina Grigore and Dr. Arthur S. Keats & Associates Appeal from 152nd District Court of Harris County (Judge Ken Wise) Poland v. Ott (Tex.App. - Houston [14th Dist.] Jan 31, 2008)(Taft) (HCLC, med mal suit, health care liabiity claim, timely delivery of expert report by proper method) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Keyes and Alcala 01-07-00199-CV Raymon Poland, Individually and as Independent Administrator of the Estate of Jessie Poland, Robert Martin, and Frank Martin v. Dr. David Ott Appeal from 152nd District Court of Harris County (Judge Ken WIse) Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th Dist.] Jan. 22, 2007)(Anderson) (HCLC, medical malpractice, limitations) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Guzman 14-07-00001-CV Mirna Acosta, Individually and as next of friends, Natural Parent, and Legal Guardian of Denis Acosta v. Memorial Hermann Hospital System, Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, Dinsdale W. Ford, M.D., and Greater Houston Anesthesiology, P.A--Appeal from 152nd District Court of Harris County (Judge not identified, presumably Hon. Ken Wise) Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)(public employment, breach of contract, defamation, intentional infliction of emotional distress, IIED, Whistleblower Act claim, WBA) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Hudson and Frost 14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie, Diana Castillo, and Reynaldo Garay Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise) Mustang Security and Investigations, Inc. v. Alpha & Omega Services, Inc. (Tex.App.- Houston - Houston [1st Dist.] Nov. 15, 2007)(Taft)(at will employment) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00093-CV Mustang Security and Investigations, Inc., Marilyn Wachel v. Alpha & Omega Services, Inc. | Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Tellez v. Allstate Texas Lloyds (Tex.App.- Houston [14th Dist.] Oct. 30, 207)(Edelman) (insurance law, coverage dispute, contractual and extra-contractual claims) AFFIRMED AS MODIFIED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-06-00305-CV Lucy Tellez v. Allstate Texas Lloyds Appeal from 152nd District Court of Harris County (Hon. Ken Price Wise) Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges) (employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson) (breach of contract damages affirmed, attorney's fees reversed) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) Lalila v. Parker Drilliing Co. (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Alcala) (personal jurisdiction, special appearance, minimum contacts) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-06-00844-CV Mosammat Lalila and Sajeda, et al v. Parker Drilling Company and Niko Resources, Ltd. --Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Fleming v. Astroworld (Tex.App.- Houston [1st Dist.] Aug. 30, 2007)(Wilson)(premises liability suit) AFFIRM TC JUDGMENT: Opinion by Judge Wilson Before Judge Wilson, Justices Alcala and Hanks 01-06-00094-CV Sabrina Fleming a/n/f of Gregory Lawson and Gregory Lawson v. Astroworld, GP LLC--Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Boston Medical Group v. Ellis (Tex.App.- Houston [14th Dist.] Aug. 30, 2007)(Frost)(special appearance, medical malpractice, failed penis repair) AFFIRMED: Opinion by Justice Frost Before Justices Frost, Seymore and Guzman 14-06-00801-CV Boston Medical Group v. Mark Ellis Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Soto v. International Medical Group, Inc (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Anderson) [medical insurance coverage denial, rescission of policy based on nondisclosure] AFFIRMED: Opinion by Justice Anderson (Before Justices Brock Yates, Anderson and Hudson) 14-05-00956-CV Iris Reyes-Soto v. International Medical Group, Inc. and Sirius International Insurance Corporation Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) Volunteer Firefighter Entitled to Official Immunity in Collision, Take-Nothing Judgment Rendered on Appeal Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Dissent by Guzman) (PI, personal injury, firefighter liability, official immunity, good faith) Green v. Alford (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Hudson) REVERSED AND RENDERED: Opinion by Justice Hudson Before Justices Anderson, Hudson and Guzman 14-05-00407-CV Christopher Green v. Dwainia Alford, Individually and as Next Friend of Aaron Alford and Ronald Alford Appeal from 152nd District Court of Harris County (Judge Kenneth Price Wise) |
| Hon. Kenneth Price Wise Incumbent 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 District Court Race Republican Incumbent Hon. Kenneth Price Wise vs. Democratic Challenger Robert Schaffer |
