Opinions by Other Justices
of the First Court of Appeals,  
sitting in Houston, Texas

Chief Justice Sherry Radack
Justice Tim Taft (resigned 2009)
Justice Michael Massengale
Justice Jim Sharp (elected 2008)
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 2008 Justice Alcala wrote 78 signed deciding opinions on the
merits and 46 per curiam opinions. Justice Alcala rarely disagrees
openly with her colleagues and wrote only two dissenting opinion
over the course of the year. Her most recent (Aug 2009), rather
strongly-worded, disargreements with Justice Jennings thus come as
something of a  surprise. Jennings, though, has a more colorful
history as a dissenter, and may have precipitated the heated
exchange with his criticism of a panel opinion written by Alcala
in a case involving employment dispute.
Find more info at the Houston-Opinions Home Page
2009 Civil Case Opinions by Houston Appeals Court Justice
Elsa Alcala

2009 Opinions by Justice Elsa Alcala in Civil Appeals
Also see --> 2010 Alcala Opinions in Civil Cases | 2008 Alcala Opinions

Forward v. Texas Board of Pardons and Parole (pdf) (Tex.App.- Houston [1st Dist.] Dec. 17, 2009)(Alcala)
Appellant, John Patrick Forward, appeals the trial court's order that dismissed for want of prosecution his petition for
expunction of records. In two issues, Forward contends the court abused its discretion in dismissing his expunction petition
for want of prosecution because the trial court did not give Forward adequate notice that his petition would be dismissed for
failure to prosecute his case, and he proved each of the requirements for having his record expunged. We conclude the trial
court did not give adequate notice to Forward of its intent to dismiss the case. We, therefore, reverse and remand the case to
the trial court.
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER
PROCEEDINGS: Opinion by Justice Elsa Alcala    
Before Justices Keyes, Alcala and Hanks   
01-07-00914-CV  John Patrick Forward v. Texas Board of Pardons and Parole   
Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Lynn Bradshaw-Hull

Simien v. Unifund CCR Partners (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala)
(credit card debt suit)(judgment for debt buyer affirmed)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala    
Before Justices Keyes, Alcala and Hanks   
01-08-00593-CV  Michelle D. Simien v. Unifund CCR Partners   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd   

Wright v. Atlantic Credit and Finance, Inc. (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala)
(failure to plead
statute of limitations)(deemed admissions and Atlantic's uncontroverted summary judgment
evidence conclusively establish Atlantic's entitlement to recover on breach of contract and its entitlement to
attorney's fees)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala    
Before Justices Keyes, Alcala and Hanks   
01-09-00135-CV  Darryl G. Wright v. Atlantic Credit and Finance, Inc.   
Appeal from County Civil Court at Law No 4 of Harris County
Trial Court Judge:
Hon. Roberta A. Lloyd

Imkie v. The Methodist Hospital (pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(effect of failure to respond
to
no-evidence motion for summary judgment, denial of motion for new trial affirmed)
AFFIRM TRIAL COURT'S JUDGMENT: Opinion by Justice Alcala    
Before Justices Keyes, Alcala and Hanks   
01-08-00831-CV  Marwa Imkie v. The Methodist Hospital   
Appeal from 133rd District Court of Harris County
Trial Court Judge:
Hon. Lamar McCorkle

Mensa-Wilmot v. Smith International, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala) (breach of
contract, option contract, untimely amendment of pleadings prior to summary judgment hearing, finality)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala     
Before Justices Keyes, Alcala and Hanks   
01-08-00481-CV  Graham Mensa-Wilmot v. Smith International, Inc.   
Appeal from 165th District Court of Harris County
Trial Court Judge: Hon.
Elizabeth Ray

Marin v. IESI TX Corporation (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Alcala)
The judgment was rendered in accordance with the jury's findings that Marin committed
forgery,
misapplication of fiduciary property, fraud, and conversion. In nine issues, Marin challenges the trial court's
admission of evidence, the legal and factual sufficiency of the evidence, and the award of exemplary
damages. We conclude that the trial court did not err in the admission of the evidence, that the evidence is
legally and factually sufficient, and that the trial court properly awarded exemplary damages. We affirm.
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala   
Before Justices Keyes, Alcala and Hanks    
01-08-00539-CV  Janell S. Marin v. IESI TX Corporation    
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: Hon. W. Edwin Denman

Marin v. IESI TX Corporation (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Alcala)
(The judgment was rendered in accordance with the jury's findings that Marin committed
forgery,
misapplication of fiduciary property, fraud, and conversion, the evidence is legally and factually sufficient,  
trial court properly awarded exemplary damages)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala   
Before Justices Keyes, Alcala and Hanks    
01-08-00539-CV  Janell S. Marin v. IESI TX Corporation    
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: Hon. W. Edwin Denman

In Re Wilhite (Tex.App.- Houston [1st Dist.] Sep. 25, 2009)(en banc opinion by Alcala) (mandamus to remove
judge as disqualified on account of law firm ties denied)(judicial disqualification)(asbestos litigation)
DENY PETITION FOR WRIT OF MANDAMUS: Opinion by
Justice Alcala     
Before Justices Jennings, Alcala and Higley   
01-09-00387-CV    In Re Edward and Margie Wilhite   
Appeal from 11th District Court of Harris County  
Trial Court Judge:  Judge Mark D. Davidson
Dissenting Opinion by Justice Jennings re disqualification of judge from asbestos case    

Roy v. McMaster (Tex.App.- Houston [1st Dist.] Sep. 17, 2009)(Alcala) (contractual wills)
REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Elsa Alcala    
Before Judge Wilson, Justices Alcala and Hanks  
01-08-00214-CV  Mary Rochene Ray v. Ronald Lee McMaster  
Appeal from Probate Court No 4 of Harris County
Trial Court Judge: Hon. William McCulloch

Peden v. South Texas Surveying Assoc., Inc. (Tex.App.- Houston [1st  Dist] Sep. 10, 2009)(Alcala)
(
defamation, substantial truth defense, estoppel, judicial estoppel, quasi-estoppel)  
AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR
FURTHER PROCEEDINGS: Opinion by Justice Alcala   
Before Justices Jennings, Alcala and Higley  
01-08-00373-CV Tom and Paula Peden v. South Texas Surveying Associates, Inc., and Fred W. Lawton,
Stephen Pohl   Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Lynn Bradshaw-Hull

Jones v. City of Houston (Tex.App.- Houston [1st Dist.] Aug. 27, 2009)(Jennings)
(
TTCA, drowning death of child, culvert without safety bars) ("we hold that the City's summary judgment
evidence established as a matter of law that the Jones siblings could not recover as bystanders for any
mental anguish and emotional trauma caused by their brother's drowning. ) (
TTCA, drowning death of child,
uncovered culvert, siblings' bystander claim for wrongful death of brother rejected, drowning deaths)
AFFIRM TC JUDGMENT: Opinion by
Justice Jennings    
Before Justices Jennings, Alcala and Higley  
01-08-00905-CV        Landon Jones and Loren Jones v. City of Houston  
Appeal from 215th District Court of Harris County
Trial Court Judge:
Hon. Levi J. Benton
Dissenting Opinion by Justice Alcala in Jones v. City of Houston     
("Courts have uniformly held that a loved one need not actually see the deceased take his last breath if
there is an "experiential perception" of it. ...  Because the reasonable inference of the evidence in a light
favorable to the non-movant shows that the siblings were present when Logan drowned, I respectfully
dissent to the majority's affirmance of the trial court's summary judgment, which precluded a jury trial in this
case.")

Alacala stands her ground in defense of panel opinion she authored and responds to
Jenning's dissent on motion for en banc rehearing, which he would grant because of error
by the panel
Acala's Concurrence in Denial of En Banc Review in Macy v. Waste Management, Inc. (Tex.App.- Houston
[1st Dist.] Aug. 28, 2009) (
Concurrence with denial of en banc reconsideration by Justice Alcala)
proper designation of opinions issues by the court)
OPINION CONCURRING WITH THIS COURT'S JUDGMENT:
Concurring Opinion by Justice Alcala    
Before Chief Justice Radack, Justices Alcala and Hanks  
01-07-00276-CV    Griffin Macy v. Waste Management, Inc.   
Appeal from 157th District Court of Harris County
Trial Court Judge: The
Honorable Randall Wilson

Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Aug. 28, 2009)(Dissent by Jennings)
OPINION DISSENTING TO THIS COURT'S JUDGMENT: Dissenting Opinion by Justice Jennings    
Before Chief Justice Radack, Justices Alcala and Hanks  
01-07-00276-CV   Griffin Macy v. Waste Management, Inc.   
Appeal from
157th District Court of Harris County

Harris County v. Hinojosa (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)
(
worker's comp appeal, whether auto accident occurred in course and scope of officer's employment)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Elsa Alcala     
Before Justices Jennings, Alcala and Higley   
01-08-00439-CV  Harris County v. Eluid Hinojosa   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Hon. Jeffrey A. Shadwick      

In the Matter of CJ, III (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Alcala)  
(
juvenile law: disposition adjudication, evidentiary sufficiency)     
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala     
Before Justices Jennings, Alcala and Higley   
01-08-00771-CV  In the Matter of C.J. III   
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips   

Cobbs v. Stern, Miller & Higdon (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Alcala)
(
denial of special appearance reversed in interlocutory appeal, attorney-client disputes and litigation,
void or voidable contracts, solicitation of clients contingency fee agreement as against public policy, affidavit
testimony by interested witness, interlocutory appeal-special appearance)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by
Justice Alcala     
Before Justices Jennings, Alcala and Higley   
01-09-00112-CV  John L. Cobbs v. Stern, Miller & Higdon   
Appeal from 151st District Court of Harris County
Trial Court Judge:
Hon. Michael Engelhart   

Rapid Settlements, Ltd v. Green (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Alcala) (transfer of
structured settlement rights, grounds for vacature of arbitration award entered under the Federal Arbitration
Act (FAA), applicability of FAA, does the FAA preempt the TAA?, nonexistence of arbitration agreement
between the parties, when are nonsignatories bound to by arbitration agreement? nonparties to the
agreement, nonsignatories)(arbitrator exceeded his authority in issuing the award. See 9 U.S.C.S. § 10(a)(4).
AFFIRM TC JUDGMENT DENYING CONFIRMATION OF ARB AWARD: Opinion by
Justice Alcala    
Before Justices Jennings, Alcala and Higley  
01-08-00109-CV Rapid Settlements, Ltd. v. Jerry M. Green    
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Hon. Linda Storey  

Fogal v. Stature Construction, Inc. (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Subst Op. by Alcala)
(
improper modification of arbitration award, adding of post-judgment interest, interest deleted, otherwise
confirmation of arb award was proper)
MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by
Justice Alcala    
Before Justices Taft, Keyes and Alcala  
01-07-00456-CV  Mary Fogal and Robert Fogal v. Stature Construction, Inc., Jorge Casimiro, Tom
Thibodeau and Bernie Kane    Appeal from 80th District Court of Harris County
Trial Court Judge:
Hon. Lynn Bradshaw-Hull

Ray v. McMaster (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Alcala)
(
PROBATE LAW: contractual will finding rejected, judgment reversed)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala    
Before Judge Wilson, Justices Alcala and Hanks  
01-08-00214-CV Mary Rochene Ray v. Ronald Lee McMaster    
Appeal from Probate Court No 4 of Harris County
Trial Court Judge:  Hon. William McCulloch

City of Inkster Policeman and FIreman Retirement System v. Kinder (Tex.App.- Houston [1st Dist.] Jun. 4,
2009)(Alcala)(
shareholder derivative action, standing issue after buyout)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala  
Before Justices Jennings, Alcala and Higley
01-08-00308-CV City of Inkster Policeman and Fireman Retirement System, derivatively on behalf of Kinder
Morgan, Inc. v. Richard D. Kinder, Michael C. Morgan, William V. Morgan, Fayez Sarofm, Edward H. Austin,
Jr., William J. Hybl, Ted A. Gardner, Charles W. Battey, H.A. True, III, James M. Stanford, Stewart A. Bliss,
Edward Randall, III, Douglas W.G. Whitehead, Et Al
Appeal from 270th District Court of Harris County
Trial Court
Judge: Hon. Brent Gamble  

Tonkin v. Amador (Tex.App- Houston [1st Dist.] May 21, 2009)(Alcala)
(attorney fee litigation, promissory note, material terms of note, evidence of reasonableness of attorney's
fees
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala  
Before Judge Wilson, Justices Alcala and Hanks
01-07-00496-CV Ronald H. Tonkin v. Lee Roy Amador
Appeal from County Civil Court at Law No 3 of Harris County
Trial court judges:
Linda Storey; Visiting Judge Ed Landry

Hays v. Butler (Tex.App.- Houston [1st Dist.] May 21, 2009)(Alcala)
(
property tax litigation, validity of tax judgment void judgment, foreclosure, real estate litigation, title dispute)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00197-CV Lloyd Hays and Shelia Manus v. J. Dude Butler and Karen B. Butler
Appeal from 405th District Court of Galveston County
Trial Court Judge: Hon Wayne Mallia  

Jay Petroleum, LLC v. EOG Resources, Inc. (Tex.App.- Houston [1st Dist.] May 7, 2009)(Alcala)
(
scope of remand, implications of relief requested or not prayed for in court of appeals, remand of
counterclaims, attorney's fees, fact issue as to
reasonableness of attorney's fees, inflated number of hours
claimed, controverting countervailing fee affidavit by attorney)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks  
01-08-00541-CV
Jay Petroleum, L.L.C. v. EOG Resources, Inc., f/k/a Enron Oil & Gas Company  
Appeal from 189th District Court of Harris County
Trial Court Judge:
Hon. William R. Burke. Jr.  

Mitchell v. Verizon (Tex.App.- Houston [1st Dist.] Apr. 23, 2009)(Alcala)
(
employment disputes, appeal from administrative decision by Workforce Commission, common-law claim for
wages,
res judicata)
We conclude Mitchell's earlier claim is res judicata of his instant suit and he waived his claim concerning procedural due
process by failing to raise it in opposition to Verizon's summary judgment in the trial court. We therefore affirm.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala     
Before Chief Justice Radack, Justices Alcala and Hanks   
01-08-00132-CV    Dustin A. Mitchell v. Verizon Business Network Services, Inc. and Verizon Business
Purchasing, L.L.C., fka MCI, Inc.   
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Hon. Linda Storey  

Quiroz v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Alcala)(involuntary termination of parental rights)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala  
Before Justice Alcala
01-08-00548-CV Alejandra Quiroz v. Department of Family and Protective Services
Appeal from 314th District Court of Harris County
Trial Court Judge: Hon. John Phillips  

Safeco Surety v. J.P. Southwest Concrete, Inc. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Alcala)
(
effect of failure to disclose evidence, failure to plead properly, trial by consent, release as affirmative
defense, lost profit damages)  
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO
COURT BELOW FOR FURTHER PROCEEDINGS: Opinion by
Justice Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00904-CV Safeco Surety and C.A. Walker, Inc. v. J.P. Southwest Concrete, Inc.
Appeal from 189th District Court of Harris County
Trial Court
Judge: Hon. William R. Burke. Jr.  

Alsheikh v. Arabian National Sipping Corp. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Alcala)
(
res judicata affirmative defense, attorney's fees fee factors reasonableness)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00007-CV Jawad Alsheikh v. Arabian National Shipping Corporation  
Appeal from 269th District Court of Harris County
Trial Court
Judge: Hon. John Thomas Wooldridge

Nashville Texas, Inc. v. City of Burleson (Tex.App.- Houston [1st dist.] Mar. 12, 2009)(Alcala)
(untimely appeal,
finality, prayer for attorney's fee not a counterclaim)
DISMISS APPEAL: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00274-CV Nashville Texas, Inc. v. City of Burleson, Texas, Rovin, Inc., Paradigms for Success, Inc.  
Appeal from COUNTY COURT AT LAW of Callahan County
Trial Court Judge: Hon. William C. Bosworth Jr.  

Macy v. Waste Management, Inc. (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Alcala)
(
employment contract dispute, attorney's fees)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00276-CV Griffin Macy v. Waste Management, Inc.  
Appeal from 157th District Court of Harris County
Trial Court
Judge: The Honorable Randall Wilson  

Lalila v. Parker Drilling Co. (Tex.App.- Houston [1st Dist.] Mar. 12, 2009)(Alcala)
(
forum non conveniens)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00281-CV Mosammat Lalila and Sajeda, et al. v. Parker Drilling Company and Niko Resources, Ltd.  
Appeal from 152nd District Court of Harris County
Trial Court
Judge: Hon. Kenneth P. Wise

Estate of Poppe (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Alcala)(probate will)
REVERSE TRIAL COURT JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00021-CV Estate of Lee Earl Poppe, Sr., Deceased  
Appeal from County Court of Colorado County
Trial Court Judge: Hon. A.G. Jamison  

The Kroger Co. v. Shaw (Tex.App.- Houston [1st Dist.] Jan 30, 2009)(Alcala)
(
premises liability lawsuit, JNOV, actual or constructive knowledge)
REVERSE TRIAL COURT JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00030-CV   The Kroger Company v. Betty Shaw and Robert Shaw
Appeal from 149th District Court of Brazoria County
Trial Court Judge:  Hon. Robert E. May

Fairchild v. Barron (Tex.App.- Houston [1st Dist] Jan. 30, 2009)(Alcala)
(
summary judgment, tortious interference, motion to compel, estoppel)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00534-CV        James W. Fairchild, Individually and in the name and right of Exeter Energy Services,
L.P., and Fairchild & Wells, Inc. v. Thomas F. Barron, Tetra Prime, Inc., and John Wells, Individually
Appeal from 129th District Court of Harris County
Trial Court Judge:
Hon. Grant Dorfman

Woodard v. OAG (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Alcala)
(
SAPCR, child support, appeal from master improperly denied)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice
Alcala   
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00954-CV Victor Jerry Woodard v. Office of the Attorney General   
Appeal from 308th District Court of Harris County
Trial Court
Judge: Hon. Georgia Dempster  

CMA-CGM America, Inc. Empire Truck Lines, Inc. (Tex. App. - Houston [1st Dist.] Mar. 5, 2009)(Suppl.
opinion by Alcala) (new argument on rehearing)
DENY MOTION: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00187-CV CMA-CGM America Inc. v. Empire Truck Lines, Inc.  
Appeal from 280th District Court of Harris County
Trial Court
Judge: The Honorable Tony Lindsay  

Fogal v. Stature Construction (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala)
(
confirmation of arbitration award, no waiver, challenges to arb award overruled, award confirmed, open
courts,
motion to modify arbitration award under FAA)
AFFIRM TRIAL COURT'S JUDGMENT: Opinion by Justice Alcala
Before Justices Taft, Keyes and Alcala
01-07-00456-CV Mary Fogal and Robert Fogal v. Stature Construction, Inc., Jorge Casimiro, Tom
Thibodeau and Bernie Kane
Appeal from 80th District Court of Harris County
Trial Court
Judge: Hon. Lynn Bradshaw-Hull  

Elliot v. Newsom (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Alcala)
(no
deemed admissions as to legal conclusions)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00692-CV Roger L. Elliot and Tracy Dehmer v. John Paul Newsom and JPN Properties
Appeal from 234th District Court of Harris County
Trial Court
Judge: Hon. Reece Rondon  

Fontenot v. Little (Tex.App.- Houston [1st Dist.] Jan. 22, 2009)(Alcala)
(sanctions,
must attack all grounds for judgment on appeal)
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-07-00328-CV Michael Fontenot v. Mark Edward Little and Comco Direct Company
Appeal from 11th District Court of Harris County
Trial Court
Judge: Hon. Mark Davidson

Navasota v. NationStar Mortgage, LLC (Tex.App.- Houston [1st Dist.] Jan. 9, 2009)(Alcala)
(
temporary injunction void; no trial date included in order)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Chief Justice Radack, Justices Alcala and Hanks
01-08-00915-CV  City of Navasota v. NationStar Mortgage, LL
Appeal from 506th District Court of Grimes County

Goodson Pontiac GMC, LLC v. Autonation USA Corp. (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Alcala)
(liability of flooded car lot, summary judgment, SJ)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-07-00104-CV  Goodson Pontiac GMC, L.L.C., Goodson North, L.L.C., Goodson Honda, Inc., Automotive
Group Realty, L.L.C., United Auto Group, Inc, and Motors Insurance Company v. Autonation USA
Corporation n/k/a An Dealership Holding Corp., Autonation, Inc., and Turner, Collie & Braden, Inc.
Appeal from 129th District Court of Harris County
Trial Court
Judge: Hon. Grant Dorfman

Chu v. Fields (Tex.App.-Houston [1st Dist.] Jan. 8, 2009)(Alcala)
(
HCLC, inadequate health care liability expert report, dismissed on appeal)
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Alcala  
Before Justices Taft, Keyes and Alcala
01-08-00417-CV  Ching-Chiang Chu, M.D.; Thomas Jackson Cartwright, M.D.; and K.S.F. Orthopaedic
Center, P.A. v. Jerry Robert Fields, Myrna Fields, Individually and a/n/f of Brittain Taylor Fields and Emily
Brooks Fields--Appeal from 215th District Court of Harris County
Trial Court
Judge: Hon. Levi J. Benton


Also see --> 2010 Elsa Alcala Opinions in Civil Cases
Also see --> 2008 Alcala Opinions in Civil Cases
Also see --> 2007 Opinions by Justice Alcala in Civil Appeals

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HOUSTON JUSTICES
1st and 14th Court of Appeals
Links to 2009 Opinions

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy (2010)
Justice Edelman, Richard (2008)
Justice Fowler, Wanda (2008)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft,Timothy (Tim)
Justice Yates, Leslie Brock

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