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 |
| 2010 Civil Case Opinions by Houston Appeals Court Justice Elsa Alcala |
Recent Opinions by Justice Elsa Alcala in Civil Appeals Also see --> 2009 Alcala Opinions in Civil Cases | 2008 Alcala Opinions Brannan v. State of Texas (Tex.App.- Houston [1st Dist.] Feb. 4, 2010)(Opinion on rehearing by Alcala) (Open Beaches Act, effect of moving line of vegetation on existing houses on beach, takings claim) This appeal concerns the application of the Open Beaches Act at Pedestrian Beach in the Village of Surfside Beach on the Gulf Coast of Texas. (1) Appellants, Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, deceased, Brooks and Mary Porter, Russell and Judy Clinton, Russell Clinton as Independent Executor of the Estate of Elizabeth Clinton, deceased, Reg and Beaver Aplin, Partners d/b/a Benchmark Developing, Louise Bullard, Diane Loggins Clark, Joseph Cornell Dewitt, Lisa Marie Dewitt Fuka, Macario Ramirez, Chrissie Dickerson, Jeffrey Dyment, the Marvin Jacobson Family Holding Company, Charles T., Cathy, James, and Patricia Meek, Mark Palmer, James C. and Patricia Pursley, Kenneth C. and Andrea Reutzel, S & S Holdings, LLC, and Rogers Thompson, Executor of the Estate of P.E. Kintz, deceased, (collectively, "the Owners"), have filed a motion for rehearing and for en banc reconsideration of our opinion issued on August 28, 2009. We deny the rehearing, but we withdraw our opinion and judgment of August 28, 2009 and substitute this opinion and judgment in their place. Because we issue a new opinion in connection with the denial of rehearing, the Owners' motion for en banc reconsideration of our prior opinion is moot. Richardson-Eagle, Inc. v. William M. Mercer, Inc., 213 S.W.3d 469, 472 (Tex. App.--Houston [1 Dist.] 2006, pet. denied). AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Hanks 01-08-00179-CV Angela Mae Brannan, Individually and as Independent Executrix of the Estate of Bob Albert Brannan, Deceased, et al v. The State of Texas, et al Appeal from 239th District Court of Brazoria County Trial Court Judge: Hon. Patrick Edward Sebesta 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 TC 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. (pdf)(Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(Alcala) We conclude Wright did not plead the statute of limitations and Wright's 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. We affirm. AFFIRM TC 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 TC 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 Also see --> 2009 Alcala Opinions in Civil Appeals 2008 Opinions in Civil Cases by Justice Elsa Alcala 2007 Civil Appellate Opinions by Justice Alcala . |