Opinions by other justices of the First Court of Appeals, sitting in Houston, Texas Chief Justice Sherry Radack Justice Tim Taft (resigned 2009) Justice Sam Nuchia (former) Justice Jim Sharp (elected 2008) 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, on which she was succeeded by Judge David Bernal. The judge of this court is now Silvia Maththews. All three judges were appointed to unexpired terms by the Governor. Judge Bland was 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 |
| 2009 Civil Appellate Opinions by Houston First Court of Appeals Justice Jane N. Bland |
2009 Opinions Authored by Justice Bland in Civil Appeals Also see --> 2010 Opinions by Justice Jane Bland | 2008 Jane Bland Opinions Said v. Maria Investment (pdf) (Tex.App.- Houston [1st Dist.] Dec. 10, 2009)(personal jurisdiction, special appearance) The Saids contend that the trial court abused its discretion in granting the special appearances. Holding that had no evidence properly before the trial court supports the special appearances, we reverse the trial court’s orders. REVERSE TC JUDGMENT AND RENDER JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00962-CV Asif Said and Asma Said v. Maria Investment Appeal from 151st District Court of Harris County Trial Court Judge: Hon. Caroline E. Baker Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Subst op. by Bland) (wrongful death, collision with dump truck, independent contractor, no right to control, no vicarious liability) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Speck v. First Evangelical Lutheran Church of Houston (Tex.App.- Houston [1st Dist.] Dec. 3, 2009)(Bland) (construction law, nonpayment claim for services, quantum meruit, unjust enrichment, sworn account, JNOV) (insufficient record for appeal) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00605-CV Pat K. Speck v. First Evangelical Luthern Church of Houston and Dry Bones Coffee House Inc. and Dry Bones Coffee House Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Jacqueline Lucci-Smith Offord v. West Houston Trees, LLP (pdf) (Tex.App.- Houston [1st Dist.] Nov. 12, 2009)(Bland) (bill of review, motion for summary judgment, mental legal competency issue) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Sharp 01-08-01027-CV Diana G. Offord, as Guardian of the Estate of Winter Gordon, Jr., a/k/a Winter Gordon Sr. v. West Houston Trees, L.L.P. Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott Lee-Way Prince Enterprises, LLC v. Qai Assurance, Inc. (Tex.App.- Houston [1st Dist.] Oct. 29, 2009)(Bland) (award of attorney’s fees on contract breach attorney's fees for promissory estoppel claim, breach of contract, breach of settlement agreement, common-law fraud) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-07-01004-CV Lee-Way Prince Enterprises, LLC v. Qai Assurance, Inc. and Arthur Kwok Appeal from 269th District Court of Harris County Trial Court Judge: Hon. John T. Wooldridge KM Timbercreek, LLC v. HCAD (Tex.App.- Houston [1st Dist.] Oct. 15, 2009)(Bland) (tax appraisal judicial review suit, exhaustion of administrative remedies, standing to bring action, Rule 28) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00689-CV KM Timbercreek, LLC v. Harris County Appraisal District Appeal from 334th District Court of Harris County Trial Court Judge: Hon Sharon McCally Perry v. UH-Downtown (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Bland) (public employment - retaliatory discharge claim; summary judgment for public university defendant in race discrimination retaliation case affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-08-00807-CV Jacqueline Perry v. University of Houston Downtown Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Thomas & Son's Inc. v. Seabrook Land Co. (Tex.App.- Houston [1st Dist.] Oct. 1, 2009)(Bland) (finality, interlocutory appeal from sanctions order not authorized and dismissed for want of jurisdiction) DISMISS APPEAL: Opinion by Justice Bland Before Chief Justice Radack, Justices Bland and Massengale 01-09-00420-CV Thomas & Son's Inc., United Seafood, Inc., and Gulf Coast Harvest, Inc. v. Seabrook Land Company Appeal from 125th District Court of Harris County Trial Court Judge: Hon. Kyle Carter OAG v. McBee (Tex.App.- Houston [1st Dist.] Sep. 17, 2009) (Bland) (child support arrearage, modification of amount disapproved, offset claim) REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00433-CV Office of the Attorney General v. Robert Sean McBee Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Bland) (work site injury, premises liability, direct negligence, right to control issue as predicate for liability for worker's injury, jury instructions) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-07-01106-CV Kenneth W. Moss and Michelle Moss v. Waste Management National Services, Inc. Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Dissent by Justice Jennings in Moss v. Waste Management National Services, Inc. (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(Jennings) Schuring v. Kingwood Horsemen's Association (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Bland) (no jurisdiction over further appeal from eviction appeal to county court from JP court involving nonresidential premises, here horse stall) DISMISS APPEAL: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00760-CV Thomas G. Schuring, Rose Schuring v. Kingwood Horsemen's Association Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith Johnson v. DFPS (Tex.App.- Houston [1st Dist.] Jul. 23, 2009)(Bland) (termination of parental rights, constructive abandonment) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00795-CV Dashonnon D. Johnson, Sr. v. Department of Family and Protective Services Appeal from 314th District Court of Harris County Trial Court Judge: Hon. John Phillips DBHL, Inc. v. Moen Inc. (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (product liability, no indemnity owed) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Bland Panel members: Justices Taft, Bland and Sharp 01-08-00046-CV DBHL, Inc. and Dearborn HL, S. de R.L. de C.V. v. Moen Incorporated and Moen Sonora S.A. de C.V. Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Solomon-Williams v. Desai (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (med mal suit, failure to timely file expert report, constitution challenges, due process, open courts) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane N. Bland Panel members: Justices Keyes, Hanks and Bland 01-08-00733-CV Donna Solomon-Williams v. Shetal Nicholas Desai, Individually, and d/b/a Foot Centers of America, Foot Centers of Texas, PLLC, and The Methodist Hospital Appeal from 268th District Court of Fort Bend County Martinez v. Melendez (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Original [superseded] Opinion by Bland) (wrongful death, dump truck wreck, negligent hiring, training, supervision, training, and negligence per se claims) (no imposition of vicarious liability through proof of an employer-employee relationship, right to control test for employee or independent contractor status) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Jane Nenninger Bland Panel members: Justices Taft, Bland and Sharp 01-08-00850-CV Luci Martinez, Individually and the Personal Representative of the Estate of Luis Martinez; and Jose Martinez and Maria Martinez v. Moises Melendez Appeal from 190th District Court of Harris County Trial Court Judge: Hon. Patricia J. Kerrigan Folicure, Inc. v Hair Club for Men, LLC (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (noncompete nonsolicitation agreement enforced, temporary injunction granted and affirmed on appeal) AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland Panel members: Justices Keyes, Hanks and Bland 01-09-00024-CV Folicure, Inc., Mallory York, Bennetta Reynolds, Hamilton Daniels, and ALNA Holdings, L.L.C., d/b/a Folicure v. Hair Club for Men, LLC d/b/a for Men and Women Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Martin v. Martin (Tex.App.- Houston [1st Dist.] Jun. 25, 2009)(Opinion by Bland) (untimely notice of appeal in SAPCR modification action, attempted appeal dismissed for lack of jurisdiction) DISMISS APPEAL: Opinion by Justice Bland Panel members: Justices Keyes, Hanks and Bland 01-09-00136-CV Mayuko Saeki Martin v. Timothy E. Martin Appeal from 328th District Court of Fort Bend County Tilotta v. Smith (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Bland) (untimely post-judgment motion in termination case, no appellate jurisdicition, DWOJ) DISMISS APPEAL: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00587-CV Michael S. Tilotta v. Dewana Jo Smith Appeal from 257th District Court of Harris County Trial Court Judge: Hon. Judy Warne McGlown v. Ashford Park (Tex.App.- Houston [1st Dist.] Jun. 11, 2009)(Bland) (home owners association not entitled to summary judgment; failure to prove damages and attorney's fees, missing summary judgment exhibit) attorney fee award in summary judgment proceeding not proper if amount disputed) REVERSE TC JUDGMENT AND REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00619-CV Willie McGlown Jr. v. Ashford Park, et al. Appeal from County Civil Court at Law No 2 of Harris County Trial Court Judge: Hon. Jacqueline Lucci Smith FCLT Loans Asset Corporation v. First City Fin. Corp. (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland) (demutualization dispute, conversion of entity) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-06-00798-CV FCLT Loans Asset Corporation and Timothy J. Blair, Class Representative v. FIRST CITY FINANCIAL CORPORATION, Appellee/Appellant; J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR TRUSTEE OF FIRST CITY BANCORPORATION EMPLOYEES RETIREMENT TRUST. Appeal from 152nd District Court of Harris County Trial Court Judge: Hon. Kenneth P. Wise Aquilar v. Texas La Fiesta Auto Sales LLC (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Bland) (IFP appeal, finality of challenged order, no appealable final order judgment) DISMISS APPEAL: Opinion by Justice Bland Before Justices Keyes, Hanks and Bland 01-08-00653-CV Timothy Aguilar v. Texas La Fiesta Auto Sales LLC & Patrick J. Miller and Harris CountyAppeal from 61st District Court of Harris County Trial Court Judge: Hon. John Donovan Singh v. Singh (Tex.App.- Houston [1st Dist.] Apr. 9, 2009)(Bland) (divorce with children, conservatorship SAPCR, division of marital property, denial of motion for continuance and motion for new trial) AFFIRM TC JUDGMENT: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00198-CV Ritu Singh v. Rajiv Singh Appeal from 312th District Court Court of Harris County Trial Court Judge: Hon. David Farr McShaffry v. Amegy Bank N.A. (Tex.App.- Houston [1st Dist.] Apr. 2, 2009)(Bland) (promissory note suit, extinguishment of judgment by guarantor) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Jane Bland Before Justices Taft, Bland and Sharp 01-08-00493-CV Mark S. McShaffry v. Amegy Bank National Association Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Starflight 50, LLC v. HCAD (Tex.App.- Houston [1st Dist.] Mar. 26, 2009)(Bland) (ad valorem tax protest, interstate allocation, temporary relocation) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland 01-08-00234-CV Starflight 50, LLC v. Harris County Appraisal District and Harris County Appraisal Review Board Appeal from 125th District Court of Harris County Trial Court Judge: Hon. John Coselli Dissenting Opinion by Justice Jennings Dibello v. Charlie Thomas, Ltd. (Tex. App. - Houston [1st Dist.] Mar. 5, 2009) (consumer law, claim of improper charges on retail instalment contract, dealer inventory tax) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00549-CV Lorena Dibello v. Charlie Thomas, LTD. d/b/a Charlie Thomas Ford Appeal from County Civil Court at Law No 3 of Harris County McCrimmon v. Taylor (Tex.App.- Houston [1st Dist.] Feb. 19, 2009)(Bland) (nonlawyer pro se party may not sue as next friend of another adult, unauthorized practice of law, motion to show authority, TRCP 12) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Taft, Bland and Sharp 01-08-00644-CV Mae H. McCrimmon & Lula Mae Creton v. Barron Taylor d/b/a B-Sure Mortgate, et al. Appeal from 280th District Court of Harris County Trial Court Judge: The Honorable Tony Lindsay In re Omega Protein, Inc. (Tex. App.- Houston [1st Dist.] Jan. 20, 2009)(Bland)(forum selection clause) (trial court must dismiss the case for forum non conveniens)(mandamus granted) . GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Bland Before Justices Jennings and Bland, The Honorable Hudson) 01-08-00656-CV In re Omega Protein, Inc. Appeal from 189th District Court of Harris County Trial Court Judge: Hon. William R. Burke. Jr. Also see --> 2010 Opinions Authored by Justice Bland in Civil Appeals Also see --> 2008 Opinions Authored by Justice Bland in Civil Appeals 2007 Civil Appellate Opinions Justice Jane Nenninger Bland . |
