| Appellate Opinions by Justice Bill Boyce (Tex.App.- Houston [14th Dist.] 2009-2008) Houston Opinions |
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Opinions in Civil Appeals by Justice William J. Boyce Barber v. Bison Building Materials (Tex.App.- Houston [14th Dist.] Nov. 4, 2008)(Boyce) (one-vehicle truck accident PI negligence suit by driver against employer, admission of evidence, witness credibility, impeachment) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00566-CV Marcus Barber v. Bison Building Materials, Ltd. Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally Rava Square Homeowners Ass'n v. Swan (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Boyce) (DWOP reversed, motion to reinstate, default judgment) REVERSED AND REMANDED: Opinion by Justice Boyce Before Justices Brock Yates, Seymore and Boyce 14-07-00521-CV Rava Square Homeowners Association v. Kevin J. Swan Appeal from 80th District Court of Harris County Trial Court Judge: Lynn M. Bradshaw-Hull Whitmire v. Lilly (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Boyce)(nunc pro tunc, NPT, void order vacated) REVERSED AND RENDERED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-07-00993-CV R.O. Whitmire v. Oran A. Lilly, Jr Appeal from 155th District Court of Waller County Trial Court Judge: Hon. Dan R. Beck Texas Supreme Court Aspirations? In a demonstration that the result justifies departing from previous precedents, Boyce lets debt collector who could not prove up the credit card agreement win in quantum meruit while acknowledging the longstanding principle that quantum meruit is not available where the parties' relationship is based on a contract; - also holds by implication that equitable common- law remedy is subject to sale and assignment and that statutory attorney's fees can be recoverd based on quantum meruit claims. McElroy v. Unifund CCR Partners (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Boyce) (judgment for assignee of card issuer in credit card debt suit affirmed, contract vs quantum meruit, attorney's fees, business records affidavit) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce) 14-07-00661-CV Peggy S. McElroy v. Unifund CCR Partners Assignee of America Online - Platinum Appeal from County Civil Court at Law No 4 of Harris County | Trial Court Judge: Roberta Anne Lloyd Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, PC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Boyce) (attorney-client fee dispute, contingency fee agreement) AFFIRMED: Opinion by Justice Boyce Before Justices Hudson, Fowler and Boyce) 14-07-00343-CV Anglo-Dutch Petroleum International, Inc. and Anglo-Dutch (TENGE) L.L.C. v. Greenberg Peden, P.C. and Gerard J. Swonke Appeal from 61st District Court of Harris County Trial Court Judge: John J. Donovan The City of Houston v. Petroleum Traders (Tex.App.- Houston [14th Dist.] July 24, 2008)(Boyce) (City of Houston litigation, immunity to contract claim waived by statute) AFFIRMED: Opinion by Justice Boyce Before Justices Brock Yates, Guzman and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroliine Elizabeth Baker Grimes County Bail bond Bd. v. Ellen (Tex.App. - Houston [14th Dist.] July 22, 2008)(Boyce) (license suspension, revocation, reinstatement) REVERSED AND REMANDED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Brown and Boyce 14-06-00906-CV Grimes County Bail Bond Board v. Sonny Ellen D/B/A Sonny Ellen Bail Bonds Appeal from 12th District Court of Grimes County Trial Court Judge: William L. McAdams Trull v. Service Casualty Ins. Co. (Tex.App.- Houston [14th Dist.] July 22, 2008)(Brown) (auto-PI accident, negligence, negligent entrustment, accident with car being purchased) AFFIRMED: Opinion by Justice Brown Before Justices Brock Yates, Anderson and Brown 14-07-00314-CV Robert D. Trull & Jackie Trull v. Service Casualty Insurance Company and Service Lloyds Insurance Company Appeal from 165th District Court of Harris County Trial Court Judge: Judge Elizabeth Ray Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice vs. breach of fiduciary duty, BoFD, claim fracturing, continuance) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Hudson and Boyce14-07-00619-CV Scott Duerr and Kimberly Duerr v. Ron Brown, Aaron Dickey, Brown & Crouppen, P.C., George Fleming, Andres Pereira, and Fleming & Associates, L.L.P. Appeal from 334th District Court of Harris County Trial Court Judge: Sharon McCally City's Governmental immunity waived for some claims, but not for others City of Houston v. Petroleum Traders Corp. (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (city's immunity claim, waived for breach of contract by statute, City of Houston lawsuits Tooke progeny) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00752-CV The City of Houston v. Petroleum Traders Corporation Appeal from 151st District Court of Harris County Trial Court Judge: Caroline Elizabeth Baker Gerald W. Maness v. Spaw Maxwell Group, LLC (Tex.App.- Houston [14th Dist.] June 24, 2008) (Boyce) (breach of contract, third-party beneficiary, fraud, negligent misrepresentation) AFFIRMED: Opinion by Justice Boyce Before Price, Chief Justice Hedges, Justice Boyce 14-07-00751-CV Gerald W. Maness v. Spaw Maxwell Group, LLC Appeal from 190th District Court of Harris County Trial Court Judge: Jennifer Elrod Walker Chacko v. Mathew (Tex.App.- Houston [14th Dist.] June 12, 2008)(Boyce) (disputed oral partnership agreement) REVERSED AND REMANDED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Fowler and Boyce 14-07-00613-CV Sheela Chacko, Individually, as Administratrix of The Estate of James Chacko, Deceased, And As Next Friend of Joshua & Christopher Chacko Minor Children v. Abraham P. Mathew, Susan Abraham, Suvisangam Investment Inc., D/B/A Shiva Indian Resturant & Saranam Investment, II--Appeal from 240th District Court of Fort Bend County Trial Court Judge: Thomas Ralph Culver Arbitration Mandamus granted In Re: MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] May 29, 2008)(Op. on rehearing by Boyce) (arbitration compelled by mandamus) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00851-CV In Re: MHI Partnership, LTD. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Party seeking arbitration failed to prove existence of agreement to arbitrate In Re Universal Finances Consulting Group, Inc. (Tex.App.- Houston [14th Dist.] May 20, 2008)(Boyce) (arbitration mandamus, motion to compel) MOTION OR WRIT DENIED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Hudson and Boyce14-08-00226-CV In Re Universal Finances Consulting Group, Inc., Zhuodao Zhoa, John J. Dunn, and Universal Med-Health Services, Inc. Appeal from 280th District Court of Harris County Trial Court Judge: Hon. Tony Lindsay Bench warrant denied Baugh v. Baugh (Tex.App.- Houston [14th Dist.] May 16, 2008)(Boyce) (divorce, bench warrant denied to imprisoned spouse, denial of counsel) AFFIRMED: Opinion by Justice Boyce 14-07-00391-CV Curtis Lee Baugh v. Bertha L. Baugh Appeal from 312th District Court of Harris County Trial Court Judge: Brent L. Burg Arbitration Ordered In Re MHI Partnership, Ltd (Tex.App.- Houston [14th Dist.] Apr. 23, 2008)(first, superseded opinion by Justice Bill Boyce) MOTION OR WRIT GRANTED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-07-00851-CV In Re: MHI Partnership, LTD. Appeal from 11th District Court of Harris County Trial Court Judge: Mark Davidson Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition) REVERSED AND REMANDED: Opinion by Justice Boyce 14-06-01146-CV Mark Rorie v. Harris County Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Opinion by Justice Boyce) (employment law, oral contract, breach of contract, unfair competition, attorney's fees) AFFIRMED: Opinion by Justice Boyce 14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick Appeal from 164th District Court of Harris County Trial court judge: Martha Hill Jamison Rorie v. Harris County (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Boyce) (TTCA, knowledge of dangerous condition) REVERSED AND REMANDED: Opinion by Justice Boyce 14-06-01146-CV Mark Rorie v. Harris County Appeal from Co Civil Ct at Law No 2 of Harris County Trial Court Judge: Judge Gary Michael Block Salvato, MD v. Angelo (Tex.App.- Houston [14th Dist.] Apr. 8, 2008)(Boyce)(HCLC, MedMal, sufficiency of expert report) AFFIRMED: Opinion by Justice Boyce 14-07-00784-CV Patricia D. Salvato, M.D. and Diversified Medical Practices, PA v. Faustina Angelo, Individually and as Representative of the Estate of Arthur Leon Angelo, Jr., Deceased, Lucas Angelo, Sofia Angelo, Arthur Angelo, Sr. and Connie Angelo Appeal from 281st District Court of Harris County Trial Court Judge: Hon. David J. Bernal Justice Boyce's first civil case opinion issued Beauty Elite Group, Inc. v. Palchick (Tex.App.- Houston [14th Dist.] Mar. 18, 2008)(Justice Boyce) (employment law, oral contract, breach of contract, unfair competition, attorney's fees) AFFIRMED: Opinion by Justice Boyce 14-07-00058-CV Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami v. Irwin Palchick Appeal from 164th District Court of Harris County Trial court judge: Martha Hill Jamison Appellants Beauty Elite Group, Inc., PetSilk, Inc., and Basim Shami (collectively "Shami") appeal a judgment in favor of Irwin Palchick on grounds that the trial court erred in (1) denying Shami relief on claims for trademark infringement and unfair competition; (2) awarding attorney's fees to Palchick when Palchick pleaded and proved presentment of an amount exceeding the amount actually recovered on his contract claim; and (3) denying Shami recovery of attorney's fees under the Lanham Act. We affirm. Court hands down first opinion in criminal case written by Justice Boyce Lofton v. State (Tex. App.- Houston [14th Dist.] Mar. 6, 2008)(Justice Boyce) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Anderson and Boyce 14-06-01104-CR Sylvester Earl Lofton v. The State of Texas Appeal from 339th District Court of Harris County A jury convicted Sylvester Earl Lofton of aggravated robbery with a deadly weapon and the trial court assessed his punishment at 60 years confinement. Appellant raises three issues contending that: (1) the trial court erred by admitting county jail disciplinary records because they were inadmissible under the Confrontation Clause of the Sixth Amendment of the Untied States Constitution; (2) his trial counsel was ineffective because he failed to object to the introduction of appellant's jail disciplinary records; and (3) his trial counsel was ineffective because he failed to file a pretrial motion to suppress the witnesses' identification of appellant. We affirm. |
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