Justice John Anderson | Appellate Opinions in Civil Cases

Recent Opinions by Justice Anderson

Transcontinental Ins. Co. v. Crump (Tex.App.- Houston [1st Dist.] Aug. 26,
2008)(Anderson)(worker's compensation death benefits judicial review
proceeding, attorneys fees)
AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Brown
14-06-00905-CV        Transcontinental Insurance Company v. Joyce Crump
Appeal from 400th District Court of Fort Bend County
Trial Court Judge: Clifford J. Vacek

Mayo v. Suemaur Exploration & Production LLC (Tex.App.- Houston [1st
Dist.] Aug 26, 2008)(Anderson)
(auto collision with cattle, summary judgment affirmed, evidence not
authenticated, pro se litigants)
AFFIRMED AS MODIFIED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Brown)
14-07-00491-CV Samuel Mayo v. Suemaur Exploration & Production LLC,
and Wilfred L. Peltier
Appeal from County Court at Law # 4 and Probate Court of Brazoria County
Trial Court Judge: Lori Rickert
Concurring Opinion by Justice Brown

Public, Inc. v. County of Galveston (Tex.App.- Houston [14th Dist.] July 10,
2008)(Anderson) (taxing of non-profits)
AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Brown
14-07-00458-CV        Public, Inc. v. County of Galveston and City of
Galveston
Appeal from 212th District Court of Galveston County
Trial court Judge: Judge Susan Criss

In the Estate of G aines (Tex.App.- Houston [14th Dist.] July 1, 2008)
(Anderson) (probate matter estate, disqualification of independent executor
of estate proper, production of bank records, attorney's fee award to bank
not supported by pleadings and thus void, turnover order, no jurisdiction
over interlocutory rejection of claim )
AFFIRMED IN PART/REVERSED AND RENDERED: Opinion by Justice
Anderson
Before Justices Brock Yates, Anderson and Brown
14-07-00257-CV In the Estate of Margaret Lynn Gaines, Deceased
Appeal from County Court at Law No 1 & Probate Court of Brazoria County
Trial Court Judge: Jerry Lee Mills

Nguyen v. JP Morgan Chase Bank (Tex.App. Houston [14th Dist.] May 22,
2008)(Anderson) (personal guaranty for debt on business line of credit
enforced) AFFIRMED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Brown
14-07-00086-CV Thu Mong Nguyen v. JP Morgan Chase Bank
Appeal from County Civil Court at Law No 1 of Harris County
Trial Court Judge: R. Jack Cagle

Patterson v. Patterson (Tex.App. - Houston [14th Dist.] May 13, 2008)
(Anderson) (divorce, pro se, waiver of jury trial, local rules, attorney's fees)
AFFIRMED: Opinion by Justice Anderson
14-07-00487-CV Richard Steven Patterson v. Gwendolyn Elizabeth Patterson

Appeal from 247th District Court of Harris County
Trial Court Judge: Judge Bonnie Crane Hellums

SP Midtown Ltd. v. Urban Storage, LLC (Tex.App.- Houston [14th Dist.] May
8, 2008)(Anderson) (summary judgment, trade secrets, tortious interference)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-00717-CV SP Midtown Ltd. d/b/a Space Place Midtown v. Urban
Storage, L.P. d/b/a Midtown Mini Storage and d/b/a Midtown Mini Warehouse
and d/b/a Midtown Self Storage, Midtown Storage, L.L.C. and The Jenkins
Organization, Inc.
Appeal from 80th District Court of Harris County
Trial Court Judge: Lynn M. Bradshaw-Hull

Harris County v. Clear Channel Outdoor, Inc. (Tex.App.- Houston [14th Dist.]
Apr. 29, 2008)(Anderson)
(eminent domain law, condemnation of billboard, takings claim)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson and Boyce, Senior Justice Murphy
14-07-00226-CV Harris County, Texas v. Clear Channel Outdoor, Inc.
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge: Judge Gary Michael Block

Haaksman v. Diamond Offshore (Bermuda), Ltd. (Tex.App.- Houston [14th
Dist.] Apr. 24, 2008)(Anderson) (domestication of foreign money judgment,
personal jurisdiction over debtor)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Justices Anderson, Fowler and Frost
14-06-00477-CV Suzanne Elisabeth Haaksman (as beneficiary of Robert
Duncan Burn Quinn) and Thomas Joseph McCartney v. Diamond Offshore
(Bermuda), LTD.
Appeal from 234th District Court of Harris County
Trial Court Judge: Reese Rondon

Michael V. Kelly, II, MD v. Rendon (Tex.App. - Houston [1st Dist.] Mar. 27,
2008)(Anderson) (HCLC, medical malpractice suits)
AFFIRMED: Opinion by Justice Anderson
14-07-00622-CV Michael V. Kelly, II, M.D. and Michael V. Kelly, II, M.D., P.A.
d/b/a Aesthetic Surgery Center of Houston; Amit Annamaneni, M.D. and
Respiratory Center of North Houston, P.A.; Luis Enrique Castillo, M.D. and
North Houston Infectious Disease Associates Cor v. Isidro Rendon,
Individually and as Repersentative of the Estate of Yolanda Leal Rendon;
Julian Rendon and Lauren Rendon
Appeal from 80th District Court of Harris County
Trial Court Judge: Lynn M. Bradshaw-Hull

Grimes v. Reynolds (Tex.App.- Houston [ 1st Dist.] Mar. 13, 2008)
(Anderson) (dismissal of attorney malpractice suit reversed, proof of
damages in Title VII suit)
REVERSED AND REMANDED: Opinion by Justice Anderson
14-07-00196-CV Alice S. Grimes v. Ronald E. Reynolds, Individually, and
Brown, Brown & Reynolds, P.C.
Appeal from 113th District Court of Harris County
Trial court judge: Honorable Patricia Ann Hancock

Akinwamide v. Transportation Ins. Co. (Tex.App.- Houston [14th Dist.] Mar.
11, 2008)(Anderson) (bill of review fails, but vexatious litigant adjudication
and award of security reversed)
DISMISSED IN PART AND REVERSED AND RENDERED IN PART: Opinion
by Justice Anderson
14-06-01054-CV Patrick Olajide Akinwamide v. Transportation Insurance
Co., CNA Insurance Co. & Automatic Data Processing, Inc.
Appeal from 80th District Court of Harris County
Trial Court Judge: Lynn M. Bradshaw-Hull

Simplified Development Corp. v. Garfield (Tex.App. - Houston [14th Dist.]
Feb. 14, 2008)(subst. op. by Anderson) (breach of contract, jury trial,
admission of evidence, damages)
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.
Jon Garfield
Appeal from 295th District Court of Harris County (Judge Tracy Kee
Christopher)

Justice Anderson dissents in medical malpractice
appeals Dissenting Opinion by Justice Anderson
Escalante v. Rowan (Tex.App.- Houston [14th Dist.] Jan. 22, 2008)(Mirabal)
HCLC, medical malpractice, motion to dismiss)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Mirabal
Before Justices Anderson, Frost and Mirabal
14-05-00828-CV Dr. Carmelita Escalante, Dr. Edmund Kim, Dr. Edgardo
Rivera and Dr. Franklin Wong v. Donita Rowan and James Niese
Appeal from 164th District Court of Harris County (Judge Martha Hill Jamison)
Acosta v. Memorial Hermann Hospital System (Tex. App.- Houston [14th
Dist.] Jan. 22, 2007)(Anderson) (HCLC, limitations)
AFFIRMED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Guzman
14-07-00001-CV Mirna Acosta, Individually and as next of friends, Natural
Parent, and Legal Guardian of Denis Acosta v. Memorial Hermann Hospital
System, Memorial Hermann Hospital System d/b/a Memorial Hermann
Southwest Hospital, Dinsdale W. Ford, M.D., and Greater Houston
Anesthesiology, P.A
Appeal from 152nd District Court of Harris County (Judge not identified,
presumably Hon. Ken Wise)

World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)
(Anderson)(lis pendens)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Judge Sears, Justices Brock Yates and Anderson
14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt
Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd)

Gulliver v. Shafer No.14-07-00217-CV Tex.App.- Houston [14th Dist.] Jan.
15, 2008)(Anderson)(real estate sale, specific performance, rescission)
REVERSED AND REMANDED: Opinion by Justice Anderson
Before Chief Justice Hedges, Justice Anderson, Senior Justice Murphy
Joel Gulliver ET UX, Mary Ann Gulliver v. Lee Shafer ET UX, Pamela Shafer
Appeal from County Court at Law No 1 of Fort Bend County (Hon. Ben "Bud"
W. Childers)

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 Co Civil Ct 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 Co Civil Ct 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 (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, def a ult, restricted appeal, n o 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)(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)