2009 Opinions by Justice Anderson in Civil Appeals Also see ---> 2010 Civil Appellate Opinions by Justice Anderson LJ Charter, LLC v. Air America Jet Charter, Inc. (pdf)(Tex.App.- Houston [14th Dist.] Dec. 15, 2009) (Anderson)(one satisfaction rule double recovery for a single injury, application of settlement credits) (unjust enrichment) We affirm the trial court’s judgment in favor of Air America on Air America’s breach of contract cause of action based on the Agreement. Having sustained part of appellants’ first issue on appeal and Air America’s second and third cross-points on appeal, we modify the judgment as follows: (1) Air America’s recovery for breach of joint venture fiduciary duty is deleted as a violation of the One Satisfaction Rule; (2) Air America shall recover $5,980.00 from Charles N. “Trey” Schwarz, III for breach of the oral agreement to pay for air charter services; and (3) LJ Charter, L.L.C., Charles N. “Buzzy” Schwarz, Jr., and Charles N. “Trey” Schwarz, III, shall be jointly and severally liable for Air America’s common law fraud damages. Having modified the judgment, we affirm the judgment as modified. AFFIRMED AS MODIFIED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00534-CV LJ Charter, LLC C.N. Schwarz, III, R & S Aircraft Investments, LLC, CNS Ventures, LLC, and Starflite Management Group, Inc. v. Air America Jet Charter, Inc. Appeal from 165th District Court of Harris County Trial Court Judge: Elizabeth Ray 2900 Smith, Ltd v. Constellation Newenergy, Inc. (Tex.App.- Houston [14th Dist.] Nov. 5, 2009)(Anderson) (sworn account suit, electricity service, dispute over amount due, findings of facts not filed before judge left bench, abatement for successor judge to make findings) AFFIRMED IN PART DISMISSED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00061-CV 2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker In Re Guilbot (Tex.App.- Houston [14th Dist.] Nov. 3, 2009)(Anderson)(motion to recuse trial judge) (Judge Wood did not have the option of denying the motion to recuse as untimely). MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00595-CV In Re Miguel Angel Gonzales Guilbot Appeal from Probate Court No 2 of Harris County Trial Court Judge: Michael James Wood City of Houston v. Tones (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson) (no basis for city's appeal from independent hearing examiner's decision in disciplinary proceeding) VACATED AND DISMISSED: Opinion by Justice Anderson Before Justices Anderson, Seymore and Boyce 14-08-00209-CV City of Houston v. Thelma J. Tones Appeal from 55th District Court of Harris County Trial Court Judge: Jeff Brown In Re Weeks Marine, Inc. (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Anderson) (ratification of agreement to arbitrate by acceptance of benefits)(arbitration compelled by mandamus) (other arbitration law cases from the Houston courts of appeals, confirmation of arbitration awards) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-09-00580-CV In Re: Weeks Marine, Inc Appeal from 215th District Court of Harris County Trial Court Judge: Steven Kirkland Samson v. Manley (Tex.App.- Houston [14th Dist.] Oct. 6, 2009)(Anderson) (client' suit against his lawyers and opposing counsel, summary judgment on multiple causes of actions affirmed, underlying suit: workers compensation suit) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-07-01085-CV Fred Samson v. James Manley and Don Jackson Appeal from 125th District Court of Harris County Trial Court Judge: John A. Coselli Godfrey v. BP Products North America (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (refinery explosion, siblings cannot recover under wrongful death act, no recovery as bystanders either as they did not witness the calamity, negligent infliction of emotional distress generally not actionable, IIED cause of action) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Frost and Guzman 14-08-00857-CV Leah Godfrey and Cheri Merritt v. BP Products North America Appeal from 212th District Court of Galveston County Trial Court Judge: Susan Elizabeth Criss Forte v. Forte (Tex.App.- Houston [14th Dist.] Aug. 18, 2009)(Anderson) (sanctions order reversed for lack of particularity regarding (mis)conduct deserving of sanctions) REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00179-CV Barbara Jean Forte v. Joseph Wesley Forte Appeal from 328th District Court of Fort Bend County Trial Court Judge: Ronald R. Pope Office Buildings of Houston, Inc. v. Newman (Tex.App.- Houston [14th Dist.] Aug. 4, 2009)(Frost) (dispute over the amount of commission owed as a result of a real estate transaction, contract construction) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00173-CV Office Buildings of Houston, Inc v. Carlton B. Newman Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON In Interest of XCB (Tex.App.- Houston [14th Dist.] July 30, 2009)(Subst. op. by Anderson) (termination of parental rights, intervenor, effect of paternity testing, Holley v. Adams best interest factors), appointment of DFPS as sole managing conservator) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00851-CV In Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W. Appeal from 315th District Court of Harris County Trial Court Judge: MICHAEL H. SCHNEIDER Mid-Continent Casualty Co. v. Global Enercom Management, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson)(insurance law, coverage dispute, construction of policy, applicability of exclusion, causality analysis, formation of contract without signature, performance by party) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-01006-CV Mid-Continent Casualty Company v. Global Enercom Management, Inc Appeal from 215th District Court of Harris County Trial Court Judge: LEVI JAMES BENTON CONCURRING/DISSENTING: Concurring and Dissenting Opinion by Justice Seymore 2900 Smith, Ltd. v. Constellation Newenergy, Inc. (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson) NOTE: A subsequent opinion in this case was issued 11/5/09) (sworn account, electricity service, notice of higher rate by new provider disputed, sufficiency review, findings of facts and conclusions of law, abatement for new judge to file findings) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00061-CV 2900 Smith, Limited and Katie Pham v. Constellation Newenergy, Inc. Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Financial Freedom Senior Funding Corp. v. Horrocks (Tex.App.- Houston [1st Dist.] Jul. 21, 2009)(Anderson) (real estate litigation, probate law, suit to quiet title, declaratory judgment, demand note, life estate, reverse mortgages, statute of limitations for foreclosure of lien in real property, deed of trust) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00109-CV Financial Freedom Senior Funding Corp v. Michael L. Horrocks, Administrator of Estate of Mary Edythe Mullane, Deceased Appeal from Probate Court No 4 of Harris County Trial Court Judge: WM CAMERON MCCULLOCH In Interest of XCB (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Anderson) (termination of parental rights, nonbiological father figure, not entitled to parental presumption after nonpaternity determination, common law marriage, best interest of the child factors, failure to preserve constitutional arguments for appeal) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-00851-CV In the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W. Appeal from 315th District Court of Harris County Gentry v. HPD (Tex.App.- Houston [14th Dist.] Jul. 16, 2009)(Anderson) (inmate litigation, pro se, IFP, dismissal of inmate suit without a hearing affirmed) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Guzman and Boyce 14-08-01094-CV Frankie R. Gentry v. Houston Police Department Appeal from 280th District Court of Harris County Trial Court Judge: Tony Lindsay Rivers v. Charlie Thomas Ford, Ltd (Tex.App.- Houston [14th Dist.] Jun. 4, 2009)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-08-00229-CV Deleaser L. Rivers v. Charlie Thomas Ford, LTD d/b/a Charlie Thomas Ford Appeal from 190th District Court of Harris County Trial Court Judge: Patricia J Kerrigan Harland v. Progressive County Mutual Ins. Co. (Tex.App.- Houston [14th Dist.] Apr. 23, 2009)(Anderson) (insurance coverage, failure to pay policy premium to renew coverage, contract formation AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00955-CV Charles Hartland v. Progressive County Mutual Insurance Company Appeal from 333rd District Court of Harris County Trial Court Judge: JOSEPH J. HALBACH Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson) (premises liability vs. health care liability suit, characterization of claim, frivolous suit / appeal sanctions) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v. The University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at Galveston d/b/a John Sealy Hospital Appeal from 405TH District Court of Galveston County Trial Court Judge: Wayne J. Mallia Cameron International Corp. v. Vetco Cray, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Anderson) (contract interpretation, confirmation of an arbitrator’s award, unambiguous contract) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Seymore 14-07-00656-CV Cameron International Corporation f/k/a Cooper Cameron Corporation v. Vetco Gray Inc. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Hernandez v. Brinker International, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown) (premises liability, actual knowledge of dangerous condition, contractor) REVERSED AND REMANDED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00341-CV David Hernandez v. Brinker International, Inc., Appeal from 333rd District Court of Harris County Trial Court Judge: Joseph J. Halbach Concurring Opinion by Justice Anderson Dissenting Opinion by Justice Brock Yates Ford v. Harbour (Tex.App.- Houston [14th Dist.] Mar. 17, 2009)(Anderson) (Family Code protective order) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00832-CV Michael Alan Ford v. Selma Gay Harbour Appeal from 311th District Court of Harris County In Re John W. Small (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(spousal support mandamus) MOTION OR WRIT DENIED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Boyce 14-08-01075-CV In Re John W. Small Appeal from County Court at Law No 1 of Galveston County Trial Court Judge: Mary Nell Crappitto Also see ---> 2010 Civil Appellate Opinions by Justice John Anderson OPINION OUTPUT: In FY 2008-09 Justice Anderson wrote 55 signed opinions on the merits, 69 per curiam opinions, and five other opinions, for a total of 129. Among the latter were two dissenting opinions. The 9- member Court as a whole handed down 1,199 opinions over the course of the 12-month period, 655 of which were released "for publication." Also see ---> 2008 Civil Appellate Opinions by Justice John Anderson Also see ---> 2007 Opinions by Justice John Anderson in Civil Appeals |
| Appellate Opinions by Justice John Anderson (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |