Appellate Opinions by Justice Bill Boyce
(Tex.App.- Houston [14th Dist.] 2009)
Houston Opinions
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HOUSTON JUSTICES
1st and 14th Court of Appeals

Justice Alcala, Elsa
Justice Anderson, John
Justice Bland, Jane
Justice Brown, Jeff
Justice Boyce, William (Bill)  
Justice Edelman, Richard (former)
Justice Fowler, Wanda (former)
Justice Frost, Kem Thompson
Justice Guzman, Eva
Justice Hanks, George C., Jr.
Chief Justice Hedges, Adele
Justice Higley, Laura Carter
Justice Hudson, Harvey J. (former)
Justice Jennings, Terry
Justice Keyes, Evelyn
Justice Massengale, Michael (2009-)
Justice Nuchia, Sam (former)
Chief Justice Radack, Sherry
Justice Seymore, Charles
Justice Sharp, Jim
Justice Sullivan, Kent
Justice Taft, Timothy (Tim)(former)
Justice Yates, Leslie Brock

Also see --> General Information on
Houston Courts of Appeals, Appellate
Judges, and 2008 Judicial Elections   

Houston Courts & Cases Blog  
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 Opinions in Recent Civil Appeals
by Justice William J. Boyce

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  

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  

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 --> 2008 Civil Appellate Opinions by Justice Bill Boyce  
Justice Bill Boyce - Official photo from court's web site