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 |
JUDGE PROFILE - Justice Jane Nenninger Bland previously served as presiding judge of the 281st District Court in Harris County, a bench subsequently held by Judge David Bernal. and most recently by Judge Sylvia A. Matthews. All three became presiding judge of this district court by virtue of gubernatorial appointment. Judge Bland was later appointed by the Governor to fill a vacancy on the First Court of Appeals created by the promotion of Justice Adele Hedges to Chief Justice of the Fourteenth Court of Appeals. Hedges was appointed to that position following Chief Justice Brister's elevation to the Texas Supreme Court. Justice Bland won voter approval in the 2006 general election. Prior to becoming a judge, Attorney Jane Nenninger Bland worked for Baker Botts LLC in civil litigation and appeals. In Fiscal Year 2006, Justice Bland wrote 76 signed opinions, 47 per curiam opinions, and no dissenting or concurring opinions (but broke with that pattern in September 2007 in a family law case). In addition to participating in panel conferences and authoring panel opinions on the First Court of Appeals, Justice Bland also wrote one Texas Supreme Court opinion in 2006, in a case in which she took the place of a recused member of that court. Find more info on Houston courts at the Houston-Opinions Home Page |
| 2007 Opinions by Houston Appeals Court Justice Jane N. Bland |
2007 Opinions Authored by Justice Bland in Civil Appeals Also see ---> 2008 Civil Appellate Opinions Written by Justice Jane Bland 2009 Opinions authored by Houston Court of Appeals Judge Jane Bland Villegas v. Harris County (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland) (termination of public employment, Title VII, Section 1983 due process denial) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00031-CV David Villegas v. Harris County and Ron Hickman, Harris County Constable, Precinct 4 Appeal from 80th District Court of Harris County (Judge Kent Sullivan) Anaheim Industries, Inc. v. GM Corp (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Bland)(commercial law, UCC, breach of contract, breach of contract, extra-contractual claims, estoppel, misrepresentation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00440-CV Anaheim Industries, Inc., Frank Gilchrist, Inc., d/b/a Texas Stagecoach of Houston v. General Motors Corporation Appeal from 55th District Court of Harris County (Judge Jeff Brown) Bradley v. Peters (Tex.App.- Houston [1st Dist.] Dec. 6, 2007)(Bland)(real estate law, easement, appellate jurisdiction, timeliness of notice of appeal, NoA, deadline extension) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-07-00081-CV Paul D. Bradley v. Milton Peters, Rodney Rice and Laura Rice Appeal from 21st District Court of Washington County (Hon. Terrill L. Flenniken) Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, life insurance beneficiary) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00940-CV Patsy Chapman v. Rachel K. Abbot, Treva J. Burks, Rebecca A. Sheehan Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) In Interest of J.A.G. (Tex.App.- Houston [1st Dist.] Oct. 11, 2007)(Bland)(juvenile sex crime) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00717-CV In the Interest of J.A.G, Jr. v. The State of Texas Appeal from County Court at Law of Waller County (Judge June Jackson) Whitmire v. Greenridge Place Apartments (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland) (lease law, forcible detainer) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00963-CV Michael Whitmire v. Greenridge Place Apartments Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta A. Lloyd) TDCJ v. Raymond (Tex.App.- Houston [1st Dist.] Oct. 4, 2007)(Bland)(TTCA, sovereign immunity, interlocutory appeal) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00364-CV Texas Department of Criminal Justice v. Raymond Lockett Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Madison v. Williamson (Tex.App.- Houston [1st Dist.] Sep. 27, 2007)(Bland) (sexual assault liability, negligence, damages cap) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-05-00678-CV Saskia Madison, a/n/f of M.M., A Minor v. Waren Reid Williamson, et al. Appeal from 215th District Court of Harris County (Hon. Levi J. Benton, District Court Judge) Hon. Jane Bland writes rare dissent on behalf of mother denied all visitation by Harris County family court judge O'Connor v. O'Connor, (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Dissenting Opinion on motion for rehearing by Justice Bland)(SAPCR, denial of all visitation) Before Justices Nuchia, Hanks and Bland 01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor Appeal from 310th District Court of Harris County (Hon. Lisa Millard, family district court judge) Justice Bland Grants Habeas Relief to Free Mother in Visitation Denial Case In re Kristin Parks, No. 01-07-00469-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2007)(Opinion by Justice Bland )(habeas corpus relief granted in family court contempt case)(Before Justices Taft, Hanks and Bland) Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) Justice Bland overturns jury award to sick worker in asbestos case, holding expert evidence to prove causation was not sufficient Georgia-Pacific Corp. v. Stephens (Tex.App.- Houston [1st Dist.] Jul. 26, 2007)(Bland)(workplace injury, proof of causation, expert testimony, jury award reversed, take-nothing judgment rendered) REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland (Before Justices Alcala, Hanks and Bland) 01-05-00132-CV Georgia-Pacific Corporation v. Fred Stephens and Betty Stephens Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Bloodworth, III v. Aden (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-05-00796-CV William Bloodworth, III v. Kristi Aden Appeal from 278th District Court of Walker County (Trial court judge: Hon. Kenneth Keeling) Franklin v. Robert C. Banks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Bland)(breach of contract, warranty) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00818-CV Cleveland Franklin v. Robert C. Banks Appeal from Co Civil Ct at Law No 4 of Harris County (Trial court judge: Honorable Roberta A. Lloyd) LMC Complete Automotive, Inc. v. Burke (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Bland)(workplace safety, negligence, nonsubscriber, amount of supersedeas bond) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00694-CV LMC Complete Automotive, Inc. v. Ronald Burke Appeal from 127th District Court of Harris County (Hon. Sharolyn P. Wood) Berger v. Howard R. King & Hill, Angel & King, L.L.P (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Bland)(restricted appeal, malpractice, sanctions) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00871-CV Larry Berger v. Howard R. King & Hill, Angel & King, L.L.P., and Sam Lee, II, et a Appeal from 23rd District Court of Brazoria County (Hon. Ben Hardin) Iglesia Hispana Nueva Vida Houston, Inc. v. Rosin (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland) (no-evidence summary judgment, NE-MSJ, collateral estoppel) [summary judgment, collateral estoppel] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00048-CV Iglesia Hispana Nueva Vida Houston, Inc. v. Adolfo Rosin Appeal from 151st District Court of Harris County (Judge Hon. Caroline E. Baker) Edison v. Houston Police Department (HPD) (Tex.App.- Houston [1st Dist.] Jun. 7, 2007)(Bland)(pro se DWOP)(prisoner suit, pro se, DWOP, diligence in securing service of citation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00552-CV Cedric Christopher Edison v. Houston Police Department, et al Appeal from 157th District Court of Harris County (Judge Randy Wilson) Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(BoC, breach of contract, quantum meruit, sworn account) [breach of contract, quantum meruit, sworn account suit) AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-06-00638-CV Pat K. Speck v. First Evangelical Lutheran Church of Houston, and Dry Bones Coffee House--Appeal from Co Civil Ct at Law No 2 of Harris County (Hon. Gary Michael Block) Beistel v. Allen (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland) [family law, child support, termination of wage withholding] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland bBefore Chief Justice Radack, Justices Jennings and Bland 01-06-00246-CV Elizabeth Beistel v. Robert Theodore Allen, Jr. Appeal from 246th District Court of Harris County (Judge Jim York) Hickman v. Dudensing (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland)(DTPA, construction defect) [homeowner law, construction defect, DTPA, statute of limitations] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00458-CV David C. Hickman v. Royce Dudensing Appeal from 155th District Court of Austin County (Hon. Dan R. Beck) Atchison v. Spawnmaxwell Co, LP (Tex.App.- Houston [1st Dist.] May 24, 2007)(Bland) [breach of contract, defamation, summary judgment affirmed] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Jennings and Bland 01-06-00488-CV Burl Atchison v. Spawmaxwell Company, L.P., Steve Keffeler and Fred Maxwell Appeal from 269th District Court of Harris County (Judge: The Honorable John T. Wooldridge) Justice Bland Grants Partial Relief Granted in Restricted Appeal of Paternity Judgment That Imposed $24,000 in Retroactive Child Support and Denied the Biological Father All Visitation Miles v. Peacock and OAG (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland)(paternity, retroactive support, SAPCR, restricted appeal, limitations) Court reverses current child support, retroactive child support, and access elements of order because there was no evidence on father's income and other child support factors, and no evidence to support deviation from standard possession order, which is presumed to be in the child's best interest. In family law suits, including paternity suits, proof of facts is required for rendition of default judgment. Court also holds that bio dad could not rely on statute of limitations defense to defend paternity suit of child born during mother's marriage to another man because he had failed to plead it in the court below. Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) [employment law, wrongful termination claim] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C.--Appeal from 10th District Court of Galveston County (Judge David E. Garner) Aleman v. Ben E. Keith Co. (Tex.App.- Houston [1st Dist.] Apr. 5, 2007)(Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00345-CV Miguel Aleman v. Ben E. Keith Company Appeal from 133rd District Court of Harris County Court Dismisses Appeal Because Judgment Was Not Final; Unadjudicated Claims Remained Pending in the Trial Court, and Had Not Been Abandoned Maryland Casualty Co. v. American Home Assurance Co. (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Bland)(finality of judgment, ILA DWOJ) Indian Beach Property Owners' Association, Inc. v. Mary C. Linden (Tex.App.- Houston [1st. Dist.] Mar. 22, 2007)(Justice Bland)(UDJA, declaratory judgment, deed restriction re: fence) Monroe v. Alternatives in Motion (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-01187-CV James Monroe, Jr., James Monroe, Sr., and Shana Monroe v. Alternatives in Motion--Appeal from 328th District Court of Fort Bend County Yuen v. Fleishman (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(Justice Bland) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00010-CV Xenos Yuen v. Fleishman & Fisher and Barry A. Fisher Appeal from 333rd District Court of Harris County Moser v. Junell (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Justice Jane Bland) Fabio v. Ertel (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Justice Bland) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-05-01106-CV Thea M. Fabio and Richard L. Merrill, Practicing Law Under the Firm Name of Fabio & Merrill v. Allen E. Ertel--Appeal from Co Civil Ct at Law No 4 of Harris County Moser v. Junell (Tex.App.- Houston [1st Dist.] Feb. 1, 2007)(Bland)(legal malpractice, limitations, equitable tolling) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Alcala and Bland) 01-04-00078-CV Moser, Independent Administrator for Estate of Whitsett v. Junell, Jr. and Andrews & Kurth L.L.P.--Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Bland) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Bland (Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County 2007 Separate Opinions by Justice Jane Bland Justice Bland wrote concurring opinion in McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Justice Jane Bland) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(majority opinion by Justice Higley) McKnight v. Brown, Jr. (Tex.App.- Houston [1st Dist.] Jan. 11, 2007)(Concurrence by Bland) OPINION CONCURRING WITH THIS COURT'S JUDGMENT: Concurring Opinion by Justice Bland (Before Justices Taft, Higley and Bland) 01-05-00689-CV John Frank McKnight v. Marshall Davis Brown, Jr. Appeal from 133rd District Court of Harris County |