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

Chief Justice Sherry Radack
Justice Tim Taft
Justice Sam Nuchia
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

August | October 2008 Opinions by Justice Alcala in Civil Cases

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
employee)
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  

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,
attorney's fees, prevailing party)
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)

2007 Opinions in Civil Appeals Authored by Justice Elsa Alcala

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)