Recent Opinions by Justice John S. Anderson in Civil Appeals Also see ---> 2008 Civil Appellate Opinions by Justice Anderson Peredo v. Grupo Cuadro, S.A. De C.V. (Tex.App.- Houston [14th Dist.] Mar 2. 2010)(Anderson) (denial of special appearance was error, severance and dismissal for want of in personal jurisdiction ordered) A Mexican corporation brought suit in Harris County against a vendor and two of the vendors’ Texas employees. The vendor counterclaimed against the Mexican corporation’s president, who resides in California, and the trial court denied the nonresident counterdefendant’s special appearance. Because the evidence does not support the trial court’s exercise of personal jurisdiction over the nonresident, we reverse and remand. REVERSED AND REMANDED: Opinion by Justice Anderson Before Justices Anderson and Brown 14-08-01032-CV Miguel Peredo v. Grupo Cuadro, S.A. de C.V. Appeal from 234th District Court of Harris County Trial Court Judge: Reese Rondon Hernandez v. Labella (Tex.App.- Houston [14th Dist.] Feb. 9, 2010)(Anderson) (breach of settlement agreement in attorney malpractice case, settlement agreement enforced)(fee forfeiture for breach of fiduciary duty by lawyer to client, election of remedies in breach of contract case, repudiation of settlement agreement, anticipatory repudiation, rescission of contract) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-08-00327-CV Salomon Juan Hernandez v. Joseph J. Labella and LaBella Dennis & Associates, P. L.L.C. Appeal from 284th District Court of Montgomery County (name of trial court judge not shown on docket) In re Bishop (Tex.App. - Houston [14th Dist.] Feb. 4, 2010)(Anderson) (habeas corpus, child support comtempt order, revocation of suspension, void orders) Because both the contempt order and revocation orders are void, we grant relator’s petition for writ of habeas corpus, order relator released from the bond set by this court on November 24, 2009, and order relator discharged from custody. MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00990-CV In Re Jason Paul Bishop Appeal from 306th District Court of Galveston County Trial Court Judge: Janis Louise Yarbrough In re Cooper Tire & Rubber Co. (Tex.App. - Houston [14th Dist.] Feb. 2, 2010)(Anderson) (discovery mandamus granted to protect trade secrets in product liability litigation) (trade secret privilege-relevant factors) MOTION OR WRIT GRANTED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Boyce 14-09-00906-CV In Re Cooper Tire & Rubber Company Appeal from 127th District Court of Harris County Trial Court Judge: R.K. Sandill 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 Also see ---> 2009 Opinions by Justice John Anderson in Civil Appeals 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 Opinions by Justice John Anderson in Civil Appeals Also see ---> 2007 Civil Appellate Opinions by Justice John Anderson |
| Appellate Opinions by Justice John Anderson (Tex.App.- Houston [14th Dist.] 2010) Houston Opinions |
