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 |
2008 Opinions by Justice Alcala in Civil Appeals Also see ---> 2007 Alcala Opinions | 2009 Civil Case Opinions by Alcala Lowry v. Liberty Lloyds of Texas Ins. Co. (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala) (Tex.App.- Houston [1st Dist.] Dec. 11, 2008)(Alcala) (appeal from summary judgment; one ground for sj not challenged) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Alcala and Hanks 01-07-00796-CV David Lowry v. Liberty Lloyds of Texas Insurance Company Appeal from County Civil Court at Law No 3 of Harris County Trial Court Judge: Hon. Linda Storey Sullivan DDS v. UTHSC at Houston Dental Branch (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala) (Tex.App. - Houston [1st Dist.] Dec. 11, 2008)(Alcala)(governmental immunity, public employment, ADEA claim, no property interest to support constitutional due process claim) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00327-CV Cornelius C. Sullivan, D.D.S. v. University of Texas Health Science Center at Houston Dental Branch, Peter T. Triolo, Jr., D.D.S., Catherine M. Flaitz, D.D.S., and James T. Willerson, M.D. Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Lynn Bradshaw-Hull Donaho v. Bennet (Tex.App.- Houston [1st Dist.] Nov. 20, 2008)(Alcala)(temporary injunction appeal, TI not void)(breach of fiduciary duty, fraud, tortious interference with current and prospective business relations, and conversion) MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-08-00492-CV Mark Donaho v. King Wade Bennett Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray In re Texas Best Staff Leasing, Inc. (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Alcala) (interlocutory appeal and petition for writ of mandamus, motion to compel arbitration) DENY PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-08-00296-CV In re Texas Best Staff Leasing , Inc. d/b/a Alt-Source Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Bank of Texas, NA v. V R Electric (Tex.App.- Houston [1st Dist.] Sep, 4, 2008)(Alcala) (liability for payment of forged check, breach of contract, damages, contributory negligence of bank customer, apportionment of damages, reasonableness of amount of attorney's fees, Business and Commercial Code) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-07-00308-CV Bank of Texas, NA v. V R Electric Appeal from County Court at Law No 1 of Fort Bend County Trial Court Judge: The Honorable David Hunter Luccia v. Ross (Tex.App.- Houston [1st Dist.] Sep. 4, 2008)(Alcala) (lease law, real estate sale purchase option for property, specific performance) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00080-CV Paul Luccia, Individually and d/b/a Cabot & Rowe v. Kathryn L. Ross Appeal from 80th District Court of Harris County Trial Court Judge: Hon. Kent C. Sullivan Harris County Municipal District No. 156 v. United Somerset Corp. (Tex.App.- Houston [1st Dist.] Sep. 4, 2008) (Alcala) (plea to the jurisdiction, immunity, appellate jurisdiction, ripeness doctrine, local government unit, suit dismissed for want of jurisdiction) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-07-00220-CV Harris County Municipal District Number 156 v. United Somerset Corporation Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Justice Alcala dissents in appeal from Professor's whistleblower suit against UH, in which jury awarded $285,000. From Alcala's Dissenting Opinion: Barth did ultimately report the purported violations to the University Police Department, but that report came too late because it did not occur until after the retaliatory acts of which he complains occurred. The University is correct that the report to the University Police did not occur until June 23, 2000, which is after the complained of retaliatory acts, because the last retaliatory act occurred on May 8, 2000, when Barth received the evaluation for the 1999–2000 school year. Because the report to the University police about Stutts’s conduct did not occur until after the complained-of acts against Barth by Stutts occurred, the evidence is legally insufficient to meet the causation element of the Act. Further, the evidence is legally insufficient because no evidence establishes any of the challenged elements of the Act. More specifically and as explained above, no evidence shows that Barth made a report to an appropriate law enforcement authority or that he acted in good faith in making the report to a person he believed was an appropriate law enforcement authority. I would reverse the judgment of the trial court and render judgment in favor of the University. The University of Houston v. Stephen Barth (Tex.App. - Houston [1st Dist.] July 3, 2008) (jury award in suit brought against state university under the Whistle Blower Act reversed, public employment disputes WBA) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Laura Carter Higley Before Justices Nuchia, Alcala and Higley 01-06-00490-CV The University of Houston v. Stephen Barth Appeal from 113th District Court of Harris County Trial Court Judge: Hon. Patricia Hancock Dissenting Opinion by Justice Alcala Guillot v. Guillot (Tex.App.- Houston [1st Dist.] June 26, 2008)(Alcala) (child custody appeal, supervised visitation, spousal support) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-06-01039-CV Stuart Guillot v. Debra Guillot Appeal from 387th District Court of Fort Bend County Trial Court Judge: Hon. Robert J. Kern Marcum v. Marcum (Tex.App.- Houston [1st Dist.] June 12, 2008)(Alcala) (divorce case, property division, alter ego, piercing corporate veil, jury selection, peremptory challenges) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-04-01062-CV Kenneth Ray Marcum v. Darlene J. Marcum Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Galik Brown v. Xie (Tex.App.- Houston [1st Dist.] May 29, 2008 )(Alcala) (TTCA, defamation, dismissal of government employee in suit against governmental entity, unit) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-05-00137-CV Barbara Brown, Dan Fontaine, Dr. James Abbruzzese and U.T.M.D. Anderson Cancer Center v. Ke-Ping Xie, M.D., Ph.D. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton In re Jindal Saw Limited (Tex.App.- Houston [1st Dist.] May 22, 2008)(Alcala) (workplace safety, occupational injury, worker's comp, nonsubscriber, arbitration, wrongful death, survival action) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-01068-CV In re Jindal Saw Limited, Jindal Enterprises LLC, and Saw Pipes USA Appeal from Probate Court No 1 of Harris County Trial Court Judge: Hon. Russell Austin Attorneys: Levi G McCathern II, Jeffrey Christopher Wright | Attorney Kurt B. Arnold, Marvin B. Peterson, Micajah Daniel Boatright Tanguy v. Laux (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(temporary injunction, UFTA) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-07-00765-CV Phillipe Tanguy v. David Laux Appeal from 165th District Court of Harris County Trial Court Judge: Hon. Elizabeth Ray Thompson v. Winkelmann (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala) (real estate law, access to cemetery) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala | Before Justices Taft, Keyes and Alcala 01-06-00457-CV Sampson Thompson, Jr. and Earline Thompson, Gordon Ray Johnson v. Sam A. Winkelmann, Jr. et al. Appeal from County Court at Law No 3 & Probate Court of Brazoria County Trial Court Judge: The Honorable James A. Blac... RDI Mechanical v. WPVA LP (Tex. App.- Houston [1st Dist.] Apr. 3, 2008)(Alcala)(foreclosure) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00962-CV RDI Mechanical v. WPVA LP, et al Appeal from County Civil Court at Law No 1 of Harris County Trial Court Judge: Hon. Jack Cagle Huepers. v. Thompson (Tex.App.- Houston [1st Dist.] Mar. 27, 2008)(Alcala) (termination of parent's rights) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Keyes and Alcala 01-06-00817-CV Marjorie Huepers v. Amy Michelle Thompson Appeal from 300th District Court of Brazoria County Trial Court Judge: The Honorable W. Edwin Denman Justice Alcala finds no breach of contract on finding that employment was at will despite employment contract McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston, March 6, 2008)(Alcala) (employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton City of Galveston, Texas, and BP v. Saint-Paul, No. 01-06-00580-CV (Tex.App.- Houston [1st Dist.] Feb. 14, 2008)(Alcala) (Open Meetings Act, standing, attorney's fees) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala (Before Chief Justice Radack, Justices Jennings and Alcala) The City of Galveston, Texas; BP Energy Company, Intervenor; Board of Trustees of the Galveston Wharves v. Nancy Saint-Paul--Appeal from 122nd District Court of Galveston County (Judge Hon. John Ellisor) National Family Life Ins. Co. (Tex.App.- Houston [1st Dist.] Feb. 7, 2008)(Alcala) (insurance law, timeliness of notice) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00245-CV National Family Care Life Insurance Company v. Lelia E. Vann Appeal from 239th District Court of Brazoria County (Judge Patrick Edward Sebesta) Judgment affirmed on res judicata grounds The Cadle Co. v. Bray, No. 01-06-00899-CV (Tex.App.- Houston [1st Dist.] Jan. 24, 2008)(Alcala) (jurisdiction, default judgment, dormant judgment, res judicata) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland The Cadle Company v. Roy H. Bray Appeal from County Civil Court at Law No 1 of Harris County (Judge Jack Cagle) Yeh v. MacOugall (Tex.App.- Houston [1st Dist.] Jan. 17, 2008)(Alcala) (breach of contract, counterclaim attorneys fees, attorney's fees, attorney's fees to prevailing party but only as affirmative relief, no award to prevailing defendant for merely defeating plaintiff's contract claim) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-06-00509-CV Peter J. Yeh v. David J. MacDougall, D.O., P.A. d/b/a Neurosurgical Association of Houston Appeal from 333rd District Court of Harris County (Hon. Joseph Halbach) Also see --> Most Recent Alcala Opinions in Civil Cases Also see --> 2009 Elsa Alcala Opinions in Civil Cases Also see --> 2007 Opinions by Justice Alcala in Civil Appeals |