| Appellate Opinions by Justice Bill Boyce (Tex.App.- Houston [14th Dist.] 2009) Houston Opinions |
| 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 . |
