Opinions by Other Justices of the FIrst Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft Justice Jim Sharp Justice Sam Nuchia (former) Justice Terry Jennings Justice Evelyn Keyes Justice Elsa Alcala Justice George C. Hanks, Jr. Justice Laura Carter Higley Justice Jane Bland |
Justice Elsa Alcala (see official bio and photo) was appointed to the First Court of Appeals in 2002 and won voter approval in the general election later that year. She did not draw a Democratic opponent in the 2006 general election and was reelected. Justice Alcala is a former prosecutor in the Harris County District Attorney's Office and a former district court judge. Justice Alcala's JD is from the University of Texas School of Law. She earned her bachelor's degree from Texas A&M Kingsville. In FY 2006 Justice Alcala wrote 74 signed opinions and 57 per curiam opinions. Justice Alcala rarely disagrees openly with her colleagues and wrote only one dissenting opinion. Haden v. Sacks (Tex.App.- Houston [1st Dist.] Mar 8, 2007, pet. granted) (Separate opinion by Justice Elsa Alcala) The Supreme Court reversed; see David J. Sacks, PC v. McIntre Haden, No. 07-0472 (Tex. July 11, 2008)(per curiam) (attorney's fee collection suit, hourly fee contract enforced as written, parol evidence rule bars testimony of oral agreement to cap fees which was not part of written letter agreement) Find more info at the Houston-Opinions Home Page |
| Opinions by Houston Appeals Court Justice Elsa Alcala |
2007 Opinions by Justice Elsa Alcala in Civil Cases Also see --> 2008 Opinions by Justice Alcala in Civil Appeals | 2009 Alcala Opinions Spencer v. Prime Site, Inc. (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Alcala)(towed car, SJ, evidence) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00738-CV Donald E. Spencer v. Prime Site, Inc. Appeal from County Court at Law No 4 of Harris County (Hon. Roberta Lloyd) Erroneously issued mandate recalled in case heard by Judge Wainwright, now Justice Wainwright N.N. a/n/f/ A.B. v. Institute for Rehab and Research (Tex.App.- Houston [1st Dist.] Dec. 5, 2007)(Alcala) (mandate recalled, joint motion to dismiss appeal granted, substitute judgment issues) DISMISS APPEAL: Opinion by Justice Alcala (Before Justices Nuchia, Jennings and Alcala) 01-02-01101-CV N.N., Individually and a/n/f of A.B. v. The Institute for Rehabilitation and Research Appeal from 334th District Court of Harris County (Hon. J. Dale Wainwright) Justice Alcala examines evidence on best-interest factors and affirms termination of drug-using mother's parental rights on jury's findings Strange v. DFPS (Tex.App.- Houston [14th Dist.] Nov. 20, 2007)(Alcala)(termination, drugs, jury findings) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-07-00267-CV Amanda Strange v. Department of Family and Protective Services Appeal from 306th District Court of Galveston County (Hon. Janis L. Yarbrough) Justice Alcala issues mandamus against Family Court Judge Dempster, finding that requirements of retroactive order could not be performed In re Barner (Tex.App.- Houston [1st Dist.] Nov. 15, 2007)(Alcala)(impossible to comply) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-07-00603-CV In re Celious Barner, III Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) Justice Alcala orders Susan Criss, a district court judge and supreme court candidate, to vacate order barring jury members from speaking to the press In re Hearst Newspapers Partnership LP (Tex.App.- Houston [1st Dist.] Oct. 30, 2007)(Alcala) (con law cases, civil liberties, first amendment, free speech and press, gag order prohibiting jurors from speaking about case set aside) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Higley 01-07-00866-CV In re Hearst Newspapers Partnership, L.P. and Galveston County Daily News Appeal from 212th District Court of Galveston County (Hon. Susan Elizabeth Criss) Smith v. DFPS (Tex.App.- Houston [1st Dist.] Nov. 8, 2007)(Alcala)(termination of parental rights of jailbird father affirmed on Anders brief, appointed counsel allowed to withdraw, appeal found frivolous) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00625-CV Shuemon Manuel Smith v. Department of Family and Protective Services Appeal from 315th District Court of Harris County (Hon. Earl Kent Ellis) Cole v. Cassel (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Alcala)(DTPA, real estate, earnest money) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00304-CV Curtis S. Cole v. Craig Cassel, Brenda Cassel, Marcia Clark, Preston Jullian Appeal from 281st District Court of Harris County (Hon. David J. Bernal) Blitz Holding Corp v. Grant Thornton (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Jennings and Alcala 01-04-00627-CV Blitz Holdings Corp., and GMC Corporation, Ltd v. Grant Thornton, LLP, Deloitte & Touche, LLP, Chamberlain, Hrdlicka, White, Williams & Martin, LLP and C. Thomas Scott Appeal from 208th [280th] District Court of Harris County (Hon. Tony Lindsay) Daimler Chrysler Ins. Co. v. Apple (Tex.App.- Houston [1st Dist.] Oct. 25, 2007)(Alcala)(insurance coverage dispute, breach of contract) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-01115-CV Diamler Chrysler Insurance Company f/k/a Chrysler Insurance Company v. Jack Apple, Jr. and Greenspoint of Dodge of Houston, Inc. Appeal from 295th District Court of Harris County (Hon. Tracy Christopher) Falling trash-can sequel: Yet another appellate opinion issued in Urista v. Bed, Bath & Beyond Urista v. Bed, Bath & Beyond (Tex.App.- Houston [1st Dist.] Oct. 18. 2007)(Alcala) (opinion on rehearing post-remand from Texas Supreme Court) (PI, personal injury, premises liability, jury issues) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-02-00150-CV Urista, Rafael v. Bed, Bath & Beyond, Inc. Appeal from 234th District Court of Harris County (Hon. Reece Rondon) Sanchez v. Davenport (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Alcala)(post-answer default, appearance, notice of trial setting, civil assault claim) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00160-CV Narcisco Sanchez v. Lisa Davenport Appeal from 149th District Court of Brazoria County (Hon. Robert E. May) 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) Justice Alcala affirms limitation of attorney fee recovery in FLSA case Vernon v. CAC Distributors, Inc. (Tex.App.- Houston [1st Dist.] Aug. 9, 2007)(Alcala)(FLSA attorneys fees) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Judge Price, Justices Alcala and Hanks Appeal from 234th District Court of Harris County (Hon. Reece Rondon) New opinion issued in appeal reversing 1.6 million jury verdict Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(op. on rehear'g by Alcala)(PI injury, marketing defect, 1.6 mil jury award reversed, take-nothing judgment rendered) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00128-CV Ranger Conveying & Supply Company v. Daryl Davis Appeal from 61st District Court of Harris County (Hon. John Donovan) City Immune from Quantum Meruit Claim, Interlocutory Appeal Stays Suit City of Houston v. Swinerton Builders, Inc (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-06-00870-CV The City of Houston v. Swinerton Builders, Inc. Appeal from 165th District Court of Harris County (Hon. Elizabeth Ray) Disabled Passenger Who Sued Cruise Line Wins Partial Victory on Appeal Peters v. Norwegian Cruise Line Lim. (Tex.App.-Houston [1st. Dist.] Jun. 7, 2007)(Alcala) [disabled passenger, DTPA, disability law, accommodations] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00906-CV Rodger Peters v. Norwegian Cruise Line Limited d/b/a Norwegian Cruise Line Appeal from 270th District Court of Harris County (Hon. Brent Gamble) New Opinion issued in HIV workers compensation case Christus Health/St. Joseph Hospital v. Price (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala)(opinion on rehearing) (workers comp, HIV, non-compensable injury) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00210-CV Christus Health/St. Joseph Hospital v. Angela Price Appeal from 268th District Court of Fort Bend County (Judge Hon. Brady G. Elliott) Recusal Motion was filed with wrong clerk, and was thus not pending when judge ruled Harris v. Winston (Tex.App.- Houston [1st Dist.] May 24, 2007)(Alcala) [life insurance proceeds, interpleader, motion to recuse filed with wrong clerk] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00962-CV William Francis Harris v. Antionette Richardson Winston Appeal from Probate Court of Galveston County (Judge Hon. Gladys B. Burwell) Ex-wife prevails in suit for 50% of retirement funds omitted from divorce decree Ezirike v. Ezirike (Tex.App.- Houston [1st Dist.] May 17, 2007)(Alcala)(family law, retirement plan) [divorce property division, retirement funds, 401K, post-divorce division of community property, Rule 11 agreement] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00090-CV Robert O. Ezirike v. Eucharia Ezirike Appeal from 328th District Court of Fort Bend County (Hon. Judge Ronald Pope) Plaintiff prevails in malicious prosecution suit based on false accusations of theft Musselwhite v. Howard (Tex.App.- Houston [1st Dist.] May 10, 2007)(Alcala)(malicious prosecution, defamation) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00839-CV Mike Musselwhite, Mike's Pools and Spas, Pat Stalsby and Amanda Watson v. John Howard and Terry Watson Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Hardy v. Mann Frankfort Stein & Lipp (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala) [attorneys fees] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-01080-CV Darlene L. Plumly, David Hardy, Brendan J. Fielding v. Mann Frankfort Stein & Lipp Advisors, Inc., and MFSL GP, LLC and MFSL Employment Investments, Ltd. Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison) Jury verdict in favor of injured worker reversed Ranger Conveying & Supply Co. v. Davis (Tex.App.- Houston [1st Dist.] May 3, 2007)(Alcala)(first superseded opinion, workplace injury, liability, no duty, take nothing] REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00128-CV Ranger Conveying & Supply Company v. Daryl Davis Appeal from 61st District Court of Harris County (Judge John Donovan) Third Bite at the (Appellate) Apple Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. (Tex.App. - Houston [1st Dist.] Apr. 13, 2007)(Alcala) ("We conclude that the trial court's judgment disposed of all parties and all claims, and that we have jurisdiction over this appeal. We also conclude that the trial court properly rendered summary judgment on the grounds of limitations as to both the trespass to try title and conversion claims. We do not reach appellants' remaining issues. We affirm.") Choice Personnel No. Four, Inc. v. 1715 Johanna Square Ltd. (Tex.App. - Houston [1st Dist.] Apr. 13, 2007)(Alcala) (third appeal, real estate law, foreclosure, title, limitations, res judicata) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00830-CV Choice Personnel No. Four, Inc., and Choice Acquisitions No. Three, Inc. v. 1715 Johanna Square Ltd., J&B Richmore Management, L.L.C., J&B Gilmore Management L.L.C. Appeal from 125th District Court of Harris County (Judge John Coselli) Probate Court Had Jurisdiction to Determine Title to Property and Right of Possession York v. Samuel (Tex.App. - Houston [1st Dist.] Apr. 5, 2007)(Alcala) [probate dispute over real estate, eviction, forcible entry and detainer, FED, forcible detainer, FD, defective title, constructive trust] Another Instalment in pro-se saga Monk v. Pomberg (Tex.App. - Houston [1st. Dist.] Mar. 29, 2007)(Alcala)(subst. opinion on motion for rehearing) (UDJA, divorce, SAPCR, family law, divorce, SAPCR, jurisdiction, inconvenient forum] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-05-00429-CV Joseph Daniel Monk v. Lisa Jo Pomberg Appeal from 245th District Court of Harris County (Hon. Annette Galik) Substitute teacher rejected too many assignments Kelley v. Humble Independent School District (Tex.App.- Houston [1st Dist.] Mar. 29, 2007, pet. denied)(Alcala) (school law, teacher discrimination suit) Failure to File Expert Report Proves Fatal to Malpractice Claim, Motion For Continuance Must Be in Writing Devereaux v. Harris County Hospital District (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Alcala) (health care liability claim dismissed with prejudice, deadline to file expert report missed; parties argued over characterization claims as HCLC; motion for continuance, absence of counsel] Whaley v. Central Church of Christ of Pearland (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Justice Elsa Alcala)(real estate law, dispute, easement) A&L Motor Sales v. Autonation (Tex.App.- Houston [1st Dist.] Mar. 1, 2007)(Justice Elsa Alcala) MEMC Electronic Materials v. Ablemarle Corp (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Alcala) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Alcala and Hanks) 01-05-00420-CV MEMC Electronic Materials, Inc., and MEMC Pasadena, Inc. v. Ablemarle Corporation, Lexington Insurance Company, and Travelers Property Casualty Group Appeal from 55th District Court of Harris County Hagberg v. City of Pasadena (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Alcala) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala (Before Justices Taft, Alcala and Hanks) 01-05-00466-CV John D. Hagberg v. City of Pasadena, A Self-Insured Governmental Entity Under the Texas Labor Code--Appeal from 234th District Court of Harris County Smith v. Warden Edwards (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Alcala) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Alcala (Before Justices Taft, Alcala and Hanks) 01-05-00491-CV Larry Dale Smith v. Warden Edwards, et al--Appeal from 12th District Court of Walker County Westfield Development v. Rubashkin (Tex.App.- Houston [1st Dist.] Feb. 15, 2007)(Alcala) AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Justices Taft, Alcala and Hanks) 01-05-00526-CV Westfield Development, Inc. v. Boris Rubashkin and Larisa Rubashkin Appeal from 234th District Court of Harris County Monk v. Pomberg (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Justice Elsa Alcala)(superseded opinion) Christus Health/St. Joseph Hospital v. Price (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Elsa Alcala)(withdrawn and superseded by opinion issued May 24, 2007) AFFIRM TC JUDGMENT: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-00210-CV Christus Health/St. Joseph Hospital v. Angela Price--Appeal from 268th District Court of Fort Bend County Davis v. Houston Community College System (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Alcala) (public employment, employment law, public employment, race discrimination) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-04-01160-CV Patricia Davis v. Houston Community College System (HCCS) Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) City of La Marque v. Toyya Braskey d/b/a The Momma Cat (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(Alcala)(no jurisdiction over challenge to criminal law, animal law, city ordinance, animal shelter, criminal prosecution) VACATE TC JUDGMENT AND DISMISS CASE: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Alcala and Bland) 01-04-01224-CV The City of La Marque v. Toyya Braskey d/b/a The Momma Cat Appeal from 212th District Court of Galveston County (Hon. Susan Criss) 2007 Separate Opinions by Justice Elsa Alcala Haden v. Sacks (Tex.App.- Houston [1st Dist.] Mar 8, 2007, pet. granted)(Radack) See --> Tex. 2008 (BoC, attorney fees agreement dispute) Justice Alcala wrote separately in Haden v. Sacks (Tex.App.- Houston [1st Dist.] Mar 8, 2007)(Separate opinion by Justice Elsa Alcala)(parol evidence rule) Also see --> Most Recent Alcala Opinions in Civil Cases Also see --> 2009 Elsa Alcala Opinions in Civil Cases Also see --> 2008 Opinions by Justice Alcala in Civil Appeals |