Appellate Opinions by Justice Bill Boyce
(Tex.App.- Houston [14th Dist.] 2009)
Houston Opinions
Future Seat of the Houston Court of Appeals Old Harris County Civil Courthouse
Mary Markantonis campaign billboard candidate for 14th Court of Appeals Houston TX
BOYCE SURVIVES  CONTESTED RACE IN 2008
GENERAL ELECTIONS, KEEPS PLACE 6
APPELLATE BENCH, TO WHICH HE WAS
APPOINTED BY THE GOVERNOR.
2008 JUDICIAL ELECTION CONTEST
Republican Appointee Bill Boyce
Democratic Opponent in 2008 elections
for this bench:
Mary M. Markantonis
Boyce won by a narrow margin

INFO ABOUT JUSTICE BILL BOYCE
AND WEB LINKS
Boyce was appointed to a vacant seat (Place 6)
on the 14th Court of Appeals by Gov. Rick Perry
after the previous incumbent,
Justice Edelman,
resigned. See
Gov's press release

ALIASES:  

William J. Boyce, Bill Boyce

PROFILE | RESUME | CV | VITAE

Justice William J. Boyce's Official Profile
Attorney Boyce's SBOT Profile
Campaign website

BRIEFING ATTORNEY

Anthony Coveny   

JUSTICE BOYCE NEWS

Justice Boyce news item

HOW DID JUSTICE BOYCE GET ON THE
COURT?

Appointed to vacant seat (Place 6) on the 14th
Court of Appeals by Governor Rick Perry after
Justice Richard Edelman resigned late in 2007.
Must win in 2008 general election to keep stay on
the appellate bench. See
campaign web site
Democratic challenger: Mary M. Markantonis
See 2008 Democratic judicial candidates

BACKGROUND
Law firm: Partner, Fulbright & Jaworski L.L.P.
Civil Appellate Law Specialist (board-certified)
Bar Admission: 1989
Law School: Northwestern University
Undergraduate Degree: Northwestern University

Links to 2009 Opinions in Civil Appeals
by Justice William J. Boyce
Also see --> Most Recent Opinions by Justice Boyce

Santex Builders, LLC v. Guefen Construction, LLC (pdf)
(Tex.App.- Houston [14th Dist.] Dec. 15, 2009)(Boyce)
(
default judgment set aside, defective service of citation)
Santex Builders, LLC (“Santex”) and Curtis R. Medlin appeal the trial court’s final default judgment in favor of Guefen
Construction, LLC (“Guefen”) and the trial court’s order denying their motion to set aside default judgment and
alternative
motion for new trial.  Because we conclude service of process was defective, we reverse and remand.
REVERSED AND REMANDED: Opinion by Justice Boyce   
Before Justices Anderson, Seymore and Boyce  
14-08-00840-CV Santex Builders, LLC and Curtis R. Medlin v. Guefen Construction, LLC  Appeal from 165th
District Court of Harris County
Trial Court Judge:
Hon. Elizabeth Ray   

In Interest of CW  (pdf) (Tex.App. - Houston [14th Dist.] Dec. 10, 2009)(Boyce)
(Appeal from
final order terminating parental rights)
AFFIRMED: Opinion by Justice Boyce    
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-09-00306-CV In the Intererst of C.W., Jr., I.S., E.R., & D.G   
Appeal from 306th District Court of Galveston County
Trial Court Judge: Janis Louise Yarbrough  

Citrin Holdings, LLC v. Minnis (pdf) (Tex.App.- Houston [14th Dist.] Dec. 8, 2009)(Boyce)
(
denial of special appearance affirmed in interlocutory appeal challenging personal jurisdiction)
Appellants Jacob Citrin, Citrin Holdings LLC, Cargo Investors LLC, and Cargo Investors II LLC challenge the
trial court’s order denying their special appearances.  See
Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(7)
(Vernon 2008).  We affirm.
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Guzman and Boyce   
14-09-00186-CV  Citrin Holdings, LLC, Jacob Citrin, Cargo Investors LLC, and Cargo Investors II LLC
v. Matthew Minnis and Cullen 130, LLC   
Appeal from 133rd District Court of Harris County
Trial Court Judge:  
Jaclanel McFarland

Hintz v. Lally, MD (pdf) (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce) (TTCA, dismissal of employee)
(
Election of Remedies Under the Tort Claims Act Dismissal Under Section 101.106(f) Section 101.106(a))
AFFIRMED: Opinion by
Justice Bill Boyce     
Before Chief Justice Hedges, Justices Anderson and Boyce   
14-08-00635-CV  Sheryl Hintz, as next of friend for Donald Hintz, Jr. v. Kevin Lally, M.D.   
Appeal from 334th District Court of Harris County
Trial Court Judge:
Sharon McCally

Bejjani v. TRC Services, Inc. (Tex.App.- Houston [14th Dist.] Nov. 19, 2009)(Boyce)
(
DTPA car repair, foreclosure of mechanic's lien, segregation of attorney’s fees)
AFFIRMED: Opinion by
Justice Boyce  
Before Justices Anderson, Frost and Boyce   
14-08-00750-CV   Khalil Bejjani, Individually and dba Bejjani Enterprises, Inc., and dba Bejjani Automotive
Group, Inc., and dba Toyex Bimmer Sales & Services and dba Toyex/Bimmer; Bejjani Enterprises, Inc.,
Individually, Et al v. TRC Services, Inc.   
Appeal from County Civil Court at Law No 2 of Harris County
Trial Court Judge:
Jacqueline Lucci-Smith

In Interest of JJC (Tex.App. - Houston [14th Dist.] Nov. 17, 2009)(Boyce)(termination of parental rights)The
mother of three children and the father of one of the children appeal the termination of their respective
parental rights.  Because we conclude that the trial court did not err in determining that termination of
parental rights is in each
child’s best interest, and the parents’ remaining challenges are waived, we affirm.  
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson and Boyce  
14-08-01074-CV In the Interest of J.J.C.   
Appeal from 311th District Court of Harris County
Trial Court Judge:
Douglas C. Warne

In Interest of KJS (Tex.App. - Houston [14th Dist.] Nov. 17, 2009)(Boyce) (termination)
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson and Boyce  
14-08-01091-CV  In the Interest of K.J.S.   
Appeal from 311th District Court of Harris County
Trial Court Judge:
Douglas C. Warne

In Interest of JJR (Tex.App. - Houston [14th Dist.] Nov. 17, 2009)(Boyce) (termination of parental rights)
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson and Boyce  
14-08-01129-CV  In the Interest of J.J.R.   
Appeal from 311th District Court of Harris County
Trial Judge: Doug C. Warne

Sheppard v. Travelers Lloyds of Texas Ins. Co.
(Tex.App.- Houston [14th Dist.] Oct. 15, 2009)(Boyce)
(summary judgment for insurer on breach of contract and
violations of the Texas Insurance Code claims
affirmed)(breach of contract and statutory insurance code claim denial cause of action time-barred,
accrual
date, contractual shortening of limitations period)
AFFIRMED: Opinion by Justice Boyce   
Before Justices Anderson and Boyce    
14-08-00248-CV   Anthony Sheppard v. Travelers Lloyds of Texas Insurance Company    
Appeal from 125th District Court of Harris County
Trial Court Judge:
John A. Coselli

Warwick Towers Council of Co-Owners v. Park Warwick, LP (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)
(Boyce)(opinion on remand) (water damage, subrogation claim,
trespass)  
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce      
Before Justices Anderson, Guzman and Boyce  
14-05-00254-CV  Warwick Towers Council of Co-Owners, by and through St. Paul Fire & Marine Insurance
Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.    
Appeal from
113th District Court of Harris County

Sico North America, Inc. v. Willis (Tex.App.- Houston [14th Dist] Sep. 10, 2009)
(Boyce) (
choice of law when not agreed to in contract, statute of repose, products liability, defective folding
table used in schools, amputation of finger caught between panels)  
AFFIRMED: Opinion by
Justice Boyce   
Before Justices Anderson, Guzman and Boyce  
14-08-00158-CV  Sico North America, Inc v. James R. Willis Individually, and as Next Friend of John Willis
Appeal from 334th District Court of Harris County
Trial Court Judge:  
Sharon McCally

Ryals v. Ogden  (Tex.App.- Houston [14th Dist.] Aug. 25, 2009) (Boyce)
(
temporary injunction appeal, multiple proceedings in different courts, unclean hands doctrine inapplicable,
res judicata does not apply, other court did not have jurisdiction, collateral attack on prior judgment).  
AFFIRMED: Opinion by Justice Boyce    
Before Justices Anderson, Frost and Boyce  
14-07-01008-CV        Kenneth Ryals, Managing Trustee of East Texas Investment Trust v. Lisa Ogden,
Steven Gayle and Wayne Westbrook   
Appeal from 55th District Court of Harris County
Trial Court Judge:
Judge (now Justice) Jeffrey V. Brown

Larsen v. Santa Fe I.S.D. (Tex.App.- Houston [14th Dist.] Jul. 28, 2009)(Boyce)
(
public employment, workers compensation retaliation, what is school law?,
exhaustion of administrative remedies not required here)
AFFIRMED: Opinion by
Justice Boyce    
Before Justices Frost, Brown and Boyce)
14-07-01038-CV Erik Larsen v. Sante Fe Independent School District   
Appeal from 10th District Court of Galveston County
Trial Court Judge: DAVID EDWARD GARNER  

Beluga Chartering B.V. v. Timber S.A. (Tex.App.- Houston [14th Dist.] Jul. 23, 2009) (Boyce)
(
appeal from order denying special appearance, recognition of foreign judgments)  
AFFIRMED: Opinion by
Justice Boyce   
Before Justices Anderson, Guzman and Boyce  
14-08-00311-CV  Beluga Chartering B.V. v. Timber S.A.,   
Appeal from 281st District Court of Harris County
Trial Court Judge:
David J. Bernal

Zamarripa v. Zamarripa (Tex.App.- Houston [14th Dist.] Jun. 30, 2009  (Boyce)
(
divorce property law, dispute re: characterization and division of retirement benefits, separate vs. community
property, presumption of community property not rebutted, QDRO)
AFFIRMED: Opinion by
Justice Boyce    
Before Justices Anderson, Guzman and Boyce  
14-08-00083-CV Jimmy Zamarripa v. Syliva C. Zamarripa  
Appeal from 387th District Court of Fort Bend County
Trial Court Judge: ROBERT J. KERN  

Grant, MD v. Clouser (Tex.App.- Houston [1st Dist.] Jun. 18, 2009)(Op. By Boyce)
(
REAL ESTATE LITIGATION, partition of real estate, homestead rights)
REVERSED AND REMANDED: Opinion by
Justice Boyce    
Before Justices Frost, Brown and Boyce   
14-07-00789-CV  Howard Grant, M.D. v. Shawna M. Clouser and Valerie M. Jamison as the Personal
Representative of the Estate of Mark E. Jamison, Sr.    
Appeal from 11th District Court of Harris County
Trial Court Judge:
Mark Davidson  

Bailey v. Barnhart Interest, Inc. (Tex.App. - Houston [14th Dist.] Jun. 16, 2009)(Boyce)
(
judicial estoppel) REVERSED AND RENDERED IN PART AND REMANDED IN PART:
Opinion by Justice Boyce  
Before Justices Anderson, Guzman and Boyce
14-08-00160-CV Reginald Bailey, as Administrator of the Estate of Sheryl English, and Joseph M. Hill, as the
Trustee of the Bankruptcy estate of Sheryl English v. Barnhart Interest, Inc., L. Irvin Barnhart and Paul F.
Barnhart, Jr.--Appeal from 295th District Court of Harris County
Trial Court Judge:
TRACY KEE CHRISTOPHER  

Stinson v. Ins. Co. of the State of Pennsylvania (Tex.App.- Houston [14th Dist.] Apr. 30, 2009)(Boyce) extra-
contractual claims against appellees the Insurance Company of the State of Pennsylvania, Gallagher Bassett
Services, Inc., and Belinda Ybarra. (
workers compensation denial of claim)
(Stinson contends the
trial court erred in dismissing her suit for want of jurisdiction based on an asserted
failure to exhaust available administrative remedies.  We reverse and remand.
REVERSED AND REMANDED: Opinion by
Justice Boyce  
Before Justices Brock Yates, Seymore and Boyce)
14-07-00698-CV Sue Ann Stinson v. The Insurance Company of The State of Pennsylvania, Gallagher
Bassett Services, Inc., and Belinda Ybarra
Appeal from 61st District Court of Harris County
Trial Court Judge:
JOHN J. DONOVAN  

Cano v. Nino's Paint and Body Shop
(Tex.App.- Houston [14th Dist.] Apr. 16, 2009)(Boyce)
(
admission of business records, business records affidavit, failure to disclose documentary evidence in
discovery, attorneys fees on breach of contract, presentment of claim as condition precedent)
AFFIRMED: Opinion by
Justice Boyce  
Before Justices Frost, Brown and Boyce
14-08-00033-CV  Richard Cano v. Nino's Paint and Body Shop and Jerry Nino
Appeal from County Court at Law No 2 of Galveston County
Trial Court Judge: Judge C. G. Dibrell III

BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
health care liability claim, adequacy of expert report, interlocutory appeal)
DISMISSED: Opinion by
Justice Bill Boyce   
Before Justices Brock Yates, Seymore and Boyce
14-07-00962-CV Baylor College of Medicine v. Bernadette Pokluda  
Appeal from 190th District Court of Harris County
Trial Court
Judge: Jennifer Elrod Walker  

Shelton v. UTMB Galveston (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Anderson)
(
premises liability v. health care liability suit, characterization of claim, frivolous suit / appeal sanctions)
AFFIRMED: Opinion by
Justice Anderson   
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00994-CV Minnie Shelton Individually and as Representative of the Estate of Annie Mae Brown v. The
University of Texas Medical Branch at Galveston and The University of Texas Medical Branch at Galveston
d/b/a John Sealy Hospital  
Appeal from 405TH District Court of Galveston County
Trial Court Judge: Wayne J. Mallia

Jackson v. Textron Fin. Corp. (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
no answer default judgment reversed, answer was on file, general vs. sworn denial and counterclaim)
REVERSED AND REMANDED: Opinion by
Justice Boyce   
Before Justices Frost, Brown and Boyce
14-07-01011-CV Robert W. Jackson v. Textron Financial Corporation and Longagribusiness LLC N/K/A
Farmtrac North America   
Appeal from 80th District Court of Harris County
Trial Court Judge:
Lynn M. Bradshaw-Hull

BCM v. Pokluda (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Boyce)
(
health care liability claim, adequacy of expert report)
AFFIRMED: Opinion by
Justice Boyce   
Before Justices Brock Yates, Seymore and Boyce
14-07-01096-CV Baylor College of Medicine v. Bernadette Pokluda  
Appeal from 190th District Court of Harris County
Trial Court Judge:
Jennifer Elrod Walker  

City of Houston v. Estrada (Tex.App.- Houston [14th Dist.] Mar. 26, 2009)(Boyce)
(
Public Information Act, open records act, plea to the jurisdiction, governmental entities law)
AFFIRMED: Opinion by
Justice Bill Boyce    
Before Justices Frost, Brown and Boyce  
14-08-00900-CV The City of Houston v. Larry Edgar Estrada and Mayer Brown, L.L.P., f/k/a Mayer
Brown, Rowe & Maw, L.L.P.   
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

In Interest of KACO (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Boyce)
(
SAPCR suit, default judgment Craddock test, motion to set aside default judgment, motion for new trial,
sanctions, striking of pleadings, denial of jury trial)
REVERSED AND REMANDED: Opinion by Justice Boyce  
14-07-00311-CV In the Interest of K.A.C.O & J.C.C.O
Appeal from 245th District Court of Harris County
Trial Court
Judge: Annette Kuntz (fka Galik)

Mayer v. Willowbrook Plaza LP (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Boyce)
(
premises liability, criminal conduct, wrongful death, survival action)
AFFIRMED: Opinion by
Justice Boyce  
Before Price, Chief Justice Hedges, Justice Boyce
14-07-00358-CV Tracy Mayer, as next friend of Tyler Lee Mayer, a Minor, Diane Messimer, Individually and
as a Personal Representative of the Estate of Shaun Messimer, Deceased, and Kathleen and Salvatore M.
Ciaramitaro, Individually and as Personal Representatives of th v. Willowbrook Plaza Limited Partnership
d/b/a Willowbrook Plaza. PPG Venture I Limited Partnership, ERMC, ERMC LP, ERMC LP d/b/a ERMC
Security, ERMC II, LP d/b/a ERMC Security, CBL/GP, Inc., CBL & Associates, Inc., CBL & Associates
Properties, Inc., CBL & A
Appeal from 129th District Court of Harris County
Trial Court Judge:
Samuel Grant Dorfman

Eix, Inc. v. JP Morgan Chase Bank (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Boyce)
(commercial
debt suit, personal guaranty, summary judgment evidence, affidavit by interested witness)
AFFIRMED: Opinion by
Justice William Boyce
Before Justices Frost, Brown and Boyce
14-08-00042-CV Eix, Inc., and Saeed Moradi v. JP Morgan Chase Bank, N.A.
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court
Judge: Linda Storey  

Simon v. D. Miller & Assoc. PLLC (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Boyce)
(
legal malpractice, expert testimony required, suit within suit requirement, default judgment denied,
causality element of cause of action, no
proof of damages)
AFFIRMED: Opinion by Justice Boyce  
Before Justices Frost, Brown and Boyce
14-07-00894-CV   Brian Simon v. D. Miller & Associates, PLLC, Timothy John Clyne, Jamilah O. Driver, and
Ryan Bradley Bormaster
Appeal from County Civil Court at Law No 3 of Harris County
Trial Court Judge:
Linda Storey  

Also see --> 2010 Civil Appellate Opinions by Justice Bill Boyce  
Also see -->
2008 Civil Appellate Opinions by Justice Bill Boyce  

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Justice Bill Boyce - Official photo from court's web site
HOUSTON JUSTICES
1st and 14th Court of Appeals
Links to 2009 Opinions

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Christopher, Tracy (2010)
Justice Edelman, Richard (2008)
Justice Fowler, Wanda (2008)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J.
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael
Justice Nuchia, Sam
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft,Timothy (Tim)
Justice Yates, Leslie Brock

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