Opinions by Other Justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft (resigned 2009) 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. Find more info at the Houston-Opinions Home Page |
| 2009 Civil Case Opinions by Houston Appeals Court Justice Elsa Alcala |
Recent Opinions by Justice Alcala in Civil Appeals 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 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 TC 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 TC 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 TC 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. Quiroz v. DFPS (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Alcala)(involuntary termination of parental rights) AFFIRM TC 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 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 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 TC 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 TC 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 TC 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 TC 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 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 Skloss v. Perez (Tex.App.- Houston [1st Dist.] Jan. 8, 2009)(Higley) (prof. counseling malpractice, HCLC) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Before Chief Justice Radack, Justices Nuchia and Higley 01-08-00484-CV Belinda K. Skloss v. Sandar J. Perez, et al., Appeal from 122nd District Court of Galveston County Trial Court Judge: Hon. John Ellisor |