Opinions by Other Houston Justices Fourteenth Court of Appeals Chief Justice Adele Hedges Justice John Anderson Justice Richard Edelman Justice Bill Boyce Justice Wanda Fowler Justice Eva M. Guzman Justice J. Harvey Hudson Justice Jeff Brown Justice Charles W. Seymore Justice Kem Thompson Frost Justice Leslie Brock Yates First Court of Appeals 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 |
2007 Opinions by Justice Anderson in Civil Appeals Also see ---> 2008 and 2009 Civil Appellate Opinions by Justice Anderson Saturn Capital Corp. v. City of Houston (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Anderson) (sovereign immunity, grant of plea to the jurisdiction reversed, illegal fee, invalid lien) REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00379-CV Saturn Capital Corporation v. The City of Houston Appeal from County Civil Court at Law No 2 of Harris County (Hon. Lucci-Smith) Cain v. Cain (Tex.App - Houston [14th Dist.] Nov. 29, 2007)(Anderson)(divorce, SAPCR alcohol) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00115-CV Carla Ruth Cain v. Anthony Wilfred Cain Appeal from 25th District Court of Colorado County (Hon. Dwight E. Peschel) Lively v. Henderson (Tex.App.- Houston [14th Dist.] Nov. 13, 2007)(Anderson) (breach of contract, BoC, BoFD, fiduciary duty, standing, release) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-01229-CV Bruce R. Lively v. J. Randle Henderson, Individually and as a Partner in Henderson & Hammon, L.L.P. Appeal from 151st District Court of Harris County (judge's name not shown) Justice John Anderson affirms award of permanent alimony to wife who admitted three extra-marital affairs and asserted she was incapacitated although she worked 30 hours a week in a store. Dunaway v. Dunaway (Tex.App.- Houston [14th Dist.] Nov. 13, 2007)(Anderson) (divorce law, indefinite spousal maintenance) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-01042-CV Mavis Clifton Dunaway v. Susan Dawn Dunaway Appeal from 308th District Court of Harris County (The Honorable Bob Newey) Casarez v. Alltec Construction Co., Inc. (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson) (construction law, breach of contract, prior breach by plaintiff, excuse, DTPA) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00068-CV Rueben and Nicole Casarez v. Alltec Construction Co., Inc. Appeal from 55th District Court of Harris County (Hon. Jeff Brown) Simplified Development Corp. v. Garfield (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson) (employment law, breach of contract) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. John Garfield Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher Hardee v. Kellogg Brown & Root, Inc. (Tex.App.- Houston [14th Dist.] Oct. 16, 2007)(Anderson) (workplace law, negligence, pre-injury waiver bars recovery by job applicant in the course of pre- employment testing) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-06-01048-CV Robert Hardee v. Kellogg Brown & Root, Inc. Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Anglo-Dutch Petro Int., Inc. v. Littlemill Ltd. (Tex.App.- [14th Dist.] Oct. 2, 2007)(Anderson)(BoC, fees) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited Appeal from 152nd District Court of Harris County (Hon. Kenneth Price Wise) Concurring Opinion by Justice Fowler (disagreement on attorney's fee issue) Before Justices Anderson, Hudson and Fowler 14-06-00921-CV Anglo - Dutch Petroleum International, Inc. and Anglo - Dutch (Tenge) LLC v. Littlemill Limited--Appeal from 152nd District Court of Harris County (Judge Kenneth P. Wise) Canada v. Telen's Marine & Fuel, Inc. (Tex.App.- Houston [14th Dist.] Sep. 27, 2007)(Anderson) (special appearance, PI-auto) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Fowler and Frost 14-06-01143-CV Milyn Canada, Individually and on behalf of her minor child, S.C v. Talen's Marine & Fuel, Inc. and Barry Miller Appeal from 61st District Court of Harris County (Hon. John J. Donovan) Bank Repossessed Car Co. v. Who's Calling, Inc. (Tex.App.- Houston [14th Dist.] Sep. 4, 2007) (Anderson)(restricted appeal, default, service of process on Secretary of State) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Fowler and Seymore 14-05-01251-CV Bank Repossessed Car Co. d/b/a Thirty Car Sales v. Who's Calling, Inc. Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block) Green v. Quality Dialysis One LP (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Anderson) (employment law, contract, discovery prior to summary judgment) AFFIRMED: Opinion by Justice Anderson (Before Justices Brock Yates, Anderson and Hudson) 14-05-01247-CV Shawn D. Green v. Quality Dialysis One LP, d/b/a Quality Dialysis, QDI Management, LLC Appeal from 240th District Court of Fort Bend County Lentino MD v. Frost National Bank (Tex.App.- Houston [14th Dist.] Aug. 2, 2007)(Anderson) (bill of review) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Fowler and Edelman 14-05-01179-CV Eduardo P. Lentino M.D., Individually, Eduardo P. Lentino, M.D. Assignee of Jorge A. Lentino, M.D. and Marta A. Lentino v. Frost National Bank , F/K/A/ Cullen Center Bank and Trust--Appeal from 281st District Court of Harris County (Judge David J. Bernal) In Interest of HBNS, (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-00410-CV In The Interest of H.B.N.S., A Child Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) consolidated with: Bolton v. Schultz (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-06-00102-CV Dwight Bolton and Paula Bolton v. David Schultz and Deborah Schultz Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Cantu v. Transocean Enterprises Inc. (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson) (summary judgment affidavit stricken) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-01178-CV Richard Cantu v. Transocean Enterprises Inc. d/b/a Todco Management Service, Inc. and Transocean Development Co. and Transocean, Sedco, Forex Appeal from 189th District Court of Harris County (Judge William R. Burke JR) Memorial Hermann Healthcare Systems v. Burrell (Tex.App.- Houston [14th Dist.] Jun. 28, 2007) (Anderson)(HCLC, ILA) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-01028-CV Memorial Hermann Healthcare Systems d/b/a Memorial Hermann Southwest Hospital, and Dr. Dominic Sreshta v. Vincent Burrell a/n/f Kathie Whitfield Appeal from 11th District Court of Harris County (Judge: Hon LEVI JAMES BENTON) Cox v. Centerpoint Energy (Tex.App.- Houston [14th Dist.] May 17, 2007)(Anderson)(PI) [jury allocation of liability, personal injury damages, auto truck accident] AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-01130-CV John Cox v. Centerpoint Energy, Inc. D/B/A Reliant Energy HL&P, Kenneth Raymond Dubois Appeal from 280th District Court of Harris County (Judge Tony Lindsay) TMI, Inc v. Brooks 225 S.W.3d 783 (Tex.App.- Houston [14th Dist.] May 10, 2007)(Anderson) (arbitration) REVERSED AND REMANDED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00604-CV TMI, Inc. d/b/a Trendmaker Homes v. John A. Brooks, Kimberly M. Brooks, Miklyn M. Provenzano, Aston B. Griffiths and Bernice M. Griffiths Appeal from 234th District Court of Harris County (Hon. Tony Lindsay) Court Rejects Ex-Post Facto Challenge to Tougher DWI Statute Enacted in 2005; Reverses the trial court's grant of Defendant's motion to quash the indictment State v. Pieper (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Anderson) (constitutional law) REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-06-00368-CR The State of Texas v. James Roger Pieper Appeal from 248th District Court of Harris County Court Issues New Opinion in Asbestos Liability Case Exxon Mobil Corp. v. Altimore (Tex.App. - Houston [14th Dist.] Apr. 19, 2007)(Anderson)(judgment in favor of plaintiff on jury verdict reversed, no duty) REVERSED AND RENDERED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Seymore 14-04-01133-CV Exxon Mobil Corporation v. Louise Altimore Appeal from 405TH District Court of Galveston County This case presents the issue of whether appellant, Exxon Mobil Corporation ("Exxon"), owes a duty to an employee's wife injured by exposure to asbestos brought home on her husband's work clothing, at a time when such an injury was considered a medical curiosity. Exxon appeals a judgment on a jury verdict in favor of appellee, Louise Altimore, for damages sustained from contracting mesothelioma by allegedly breathing asbestos dust brought home on her husband's work clothes. Because, under the facts of this case, we hold Exxon did not owe appellee a duty, we reverse the judgment of the trial court and render judgment that appellee take nothing on her claims against Exxon. Justice Seymore wrote a concurring opinion in Exxon v. Altimore Judgment for Medical Insurer in Claim Denial Case Affirmed; Nondisclosure of Pre-existing Condition on Insurance Application; Plaintiff was uninsurable Soto v. International Medical Group, Inc. (Tex.App.- Houston [14th Dist.] Apr. 3, 2007)(Anderson) (medical insurance contract was properly rescinded) (insurance law, coverage dispute, rescission, accord and satisfaction) Nova Info Systems v. Nidhi (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson)[claims relating to convenience store credit card processing system, special appearance, MNT, motion to compel arbitration, breach of contract, prior breach, measure of damages) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-00845-CV Nova Information Systems Inc., Et Al v. Nidhi and Roneil Inc. d/b/a PIC N PAC Appeal from County Court at Law No 3 & Probate Court of Brazoria County Denial of Bill of Review Affirmed-Lack of Meritorious Grounds to Challenge Judgment Nitsche v. Teams of Texas (Tex.App.- Houston [14th Dist.] Mar. 29, 2007)(Anderson) (bill of review denied, water damage mold claim, no third party beneficiary claim, no valid basis for appeal) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-00876-CV Cynthia Nitzsche and Stephen Nitzsche v. Teams of Texas Appeal from 164th District Court of Harris County Lewis v. Marina Bay Trucks (Tex.App.- Houston [14th Dist.] Mar. 27, 2007)(Anderson) (summary judgment) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-02-00053-CV Lewis, Charles and Crowder, Ruth v. Marina Bay Trucks, Inc and Sterling Financial Group, LLC Appeal from 113th District Court of Harris County (Hon. Patricia Ann Hancock) Gilbane Building Co. v. Two Turner’s Electric Co. (Tex.App.- Houston [14th Dist.] Feb. 27, 2007) (Anderson)(construction law, subcontractor, breach of contract, proof of damages, costs, defense of waiver) AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Hudson and Guzman 14-05-00908-CV Gilbane Building Company v. Two Turner's Electric Co. dba Turner Electric Co. Appeal from 151st District Court of Harris County (Hon. Katie Kennedy) Barker v. Lescroart (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(Anderson)(ILA, special appearance) Whitaker v. Rose (Tex.App.- Houston [14th Dist.] Feb. 6, 2007)(Anderson)(auto PI, default, restricted appeal, no answer default judgment) AFFIRMED AS MODIFIED IN PART AND REVERSED AND RENDERED IN PART: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-04-01178-CV Marcus Dunte Whitaker v. Lois Rose, John Rose Jr., and John Rose III Appeal from Co Civil Ct at Law No 1 of Harris County (Judge R.Jack Cagle) In the Interest of HGH (Tex.App.- Houston [14th Dist.] Jan. 25, 2007)(Anderson) (termination of parental rights) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-06-00137-CV In the Interest of H.G.H., a Minor Child Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) TMI, Inc. v. Brooks (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Orig. superseded op. by Justice Anderson) TMI, Inc. v. Brooks (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(concurring opinion by Justice Yates) 14-05-00604-CV TMI, Inc. d/b/a Trendmaker Homes v. John A. Brooks, Kimberly M. Brooks, Miklyn M. Provenzano, Aston B. Griffiths and Bernice M. Griffiths Appeal from 234th District Court of Harris County (Judge Tony Lindsay) Also see ---> 2008 and 2009 Opinions by Justice John Anderson in Civil Appeals |
| Appellate Opinions by Justice John Anderson (Tex.App.- Houston [14th Dist.] 2007) Houston Opinions |