Justice Jeff Brown | Profile | Recent Civil Appellate Opinions

RECENT OPINIONS IN CIVIL APPEALS WRITTEN BY JUSTICE BROWN
Also see --> 2008 Opinions by Justice Jeff Brown

Mallory v. Mallory (Tex.App.- Houston [14th Dist.] Jul. 2, 2009)(Substituted Opinion by Brown)
(post-judgment default judgment in child support case without proper notice to defendant was
reversible error) (objection to affidavit based on best knowledge and belief not preserved for
appellate review)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of
Texas   Appeal from 310th District Court of Harris County
Trial Court Judge: LISA A. MILLARD

Lazo v. Exxon Mobil Corp., No. 14-06-00644-CV (Tex. App. - Houston [1st Dist.] May 7, 2009)
(Brown) (workers comp ensation act immunity, exclusive remedy defense,
Entergy Gulf States, Inc. v. Summers Tex 2009 holding applied)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-06-00644-CV Marcos A. Lazo v. Exxon Mobil Corporation
Appeal from 113th District Court of Harris County
Trial Court Judge: Patricia Hancock

Mallory v. Mallory and OAG, No. 14-06-01009-CV (Tex.App. - Houston [14th Dist.] May 7, 2009)
(first, superseded op. by Brown) (post-answer default judgment reversed, insufficient notice)
(default judgment in child support arrearage confirmation action was error)(motion for new trial after
default judgment)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-06-01009-CV Joel Mallory v. Sharon W. Mallory and The Office of the Attorney General of
Texas--Appeal from 310th District Court of Harris County
Trial Court Judge: Lisa A. Millard

Wilkins v. McManemy, MD (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)
(HCLC, governmental defendant, dismissal of governmental employe e, TTCA, plea to the jurisdiction)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-06-00876-CV Jessica Wilkins, Individually and as Personal Representative of the Estate of Sha'nya Harris v.
Julie Kathryn McManemy, M.D. and Jalil Thurber, M.D.,
Appeal from 151st District Court of Harris County
Trial Court Judge: Bill Burke

Brockert v. Wyeth Pharmaceuticals, Inc. (Tex.App. – Houston [14th Dist.] Apr. 14, 2009)(Brown)
(federal preemption, product liability drugs FDA, defective design claim)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00445-CV Susan Brockert v. Wyeth Pharmaceuticals, Inc., Kay Lamberth, Lana Pavlesic, James Ty, Ann
Callan, and Patrick Tyrrell
Appeal from 151st District Court of Harris County
Trial Court Judge: Caroline Elizabeth Baker

Ob-Gyn Assoc, P.A. v. McCoy (Tex.App.- Houston [14th Dist.] Apr. 9, 2009)(Brown)
(HCLC, ILA, motion to dismiss, expert report requirement)
AFFIRMED: Opinion by Justice Sullivan, Opinion by Justice Brown, Opinion by Justice Boyce
Before Justices Brown, Boyce and Sullivan
14-08-00762-CV Obstetrical and Gynecological Associates, P.A. v. Andre McCoy, Individually and as Permanent
Guardian of Shannon Miles McCoy, an incapacitated person
Appeal from Probate Court No 3 of Harris County
Trial Court Judge: Rory R. Olsen

Hernandez v. Brinker International, Inc. (Tex.App.- Houston [14th Dist.] Mar. 31, 2009)(Brown)
(premises liability, actual knowledge of dangerous condition, contractor)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00341-CV David Hernandez v. Brinker International, Inc.,
Appeal from 333rd District Court of Harris County
Trial Court Judge: J oseph J. Halbach
Concurring Opinion by Justice Anderson
Dissenting Opinion by Justice Brock Yates

In the Matter of ECL (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Brown)
(juvenile case, murder of father)
REVERSED AND REMANDED: Opinion by Justice Jeff Brown
Before Justices Brock Yates, Anderson and Brown
14-06-01106-CV In the Matter of E.C.L.
Appeal from 315th District Court of Harris County
Trial Court Judge: Michael H. Schneider

Calloway v. James N. Hull & Associates, PC (Tex.App. - Houston [14th Dist.] Feb. 24, 2009)(Brown)(suit against
debt collector's attorney fails, sj, debt collection suits)
AFFIRMED: Opinion by Justice Brown
Before Justices Frost, Brown and Boyce
14-07-00834-CV        Trish R. Calloway v. James N. Hull & Associates, P.C. a/k/a Hull & Associates, P.C. and LVNV
Funding LLC
Appeal from 113th District Court of Harris County
Trial Court Judge: PATRICIA ANN HANCOCK

In Interest of A.G.C. (Tex.App..- Houston [14th Dist.] Feb. 19, 2009)(Brown)
(effort to undo voluntary relinquishment, termination of parental rights, mediated settlement agreement)
Trial Court Judge: DONALD GENE RITTER
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00820-CV In the Interest of A.G.C., a Minor Child
Appeal from 247th District Court of Harris County
Trial Court Judge: DONALD GENE RITTER

TWC v. City of Houston (Tex.App.- Houston [14th Dist.] Feb. 19, 2009)(Brown)
(employment law, unemployment claim , judicial review suit, appeal, untimely protest)
REVERSED AND RENDERED:
Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00407-CV Texas Workforce Commission v. City of Houston
Appeal from 152nd District Court of Harris County
Trial Court Judge: Kenneth Price Wise

Proskauer Rose LLP v. Pelican Trading, Inc. (Tex.App.- Houston [14th Dist.] Feb. 3, 2009)(Brown)
(special appearance, foreign defendant)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00283-CV Proskauer Rose LLP v. Pelican Trading, Inc., GMF Trading, LLC and George M. Fleming
Appeal from 164th District Court of Harris County
Trial Court Judge: Martha Hill Jamison

In re Fort Bend County (Tex.App.- Houston [14th Dist.] Feb 3, 2009)(Brown)
(venue mandamus)
MOTION OR WRIT GRANTED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00912-CV   In Re Fort Bend County
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally
Concurring Opinion by Justice Guzman

Cruse v. O'Quinn (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown)
(attorney fee sharing agreement void as against public policy, illegal contract, attorney disbarred
forfeiture of corporate privileges)
AFFIRMED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Guzman and Brown
14-08-00103-CV        Leonard A. Cruse and Cruse and Associates, P.C. v. John M. O'Quinn and John M. O'Quinn &
Associates, L.L.P.--Appeal from 212th District Court of Galveston County
Trial Court Judge: Susan Elizabeth Criss

Kelly v. American Interstate Insurance Co. (Tex.App.- Houston [14th Dist.] Nov. 25, 2008)(Brown)
(venue, MTV, exhaustion of administrative remedies, workers comp, compensable injury, plea juris)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00083-CV   Jimmy J. Kelly v. American Interstate Insurance Co., Hammerman & Gainer, Inc., and Sheryl
Butman--Appeal from 334th District Court of Harris County
Trial Court Judge : Sharon McCally

Seureau v. Exxon Mobil Corp (Tex.App.- Houston [14th Dist.] Oct. 16, 2008)(Brown)
(governmental immunity, sovereign immunity, summary judgment based on limitations, no waiver of immunity by
conduct or by sue and be sued language under Tooke v. City of Mexia)
AFFIRMED: Opinion by Justice Brown
Before Justices Brock Yates, Brown and Boyce
14-07-00176-CV Glenn Emile Seureau and Glenn Edouard Seureau v. Exxon Mobil Corporation and Port of
Houston Authority--Appeal from 190th District Court of Harris County
Trial Court Judge: Jennifer Elrod Walker

Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum (Tex.App.- Houston [14th Dist.] Oct. 9, 2008)(Substitute opinion
by Brown) (SJ, admissible evidence, trade secrets, breach a fiduciary duty, tortious interference)
AFFIRMED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Brown and Boyce
14-07-00380-CV Bluebonnet Petroleum, Inc. v. Kolkhorst Petroleum Company, Inc.
Appeal from 335th District Court of Washington County
Trial Court Judge: Terry Flenniken

Reardon, MD v. Nelson (Tex.App.- Houston [14th Dist.] Sep. 30, 2008)(Brown)
(interlocutory appeal from the trial court's denial of his motion to dismiss a medical malpractice lawsuit, sufficiency
of expert reports)
REVERSED AND REMANDED: Opinion by Justice Brown
Before Justices Brock Yates, Anderson and Brown
14-07-00263-CV Michael J. Reardon, M.D. v. Royce Nelson
Appeal from 334th District Court of Harris County
Trial Court Judge: Sharon McCally

Mayo v. Suemaur Exploration & Production LLC (Tex.App.- Houston [1st Dist.] Aug 26, 2008)(Anderson) (auto
collision with cattle, summary judgment affirmed, evidence not authenticated, pro se litigants)
AFFIRMED AS MODIFIED: Opinion by Justice Anderson
Before Justices Brock Yates, Anderson and Brown
14-07-00491-CV Samuel Mayo v. Suemaur Exploration & Production LLC, and Wilfred L. Peltier
Appeal from County Court at Law # 4 and Probate Court of Brazoria County
Trial Court Judge: Lori Rickert
Concurring Opinion by Justice Brown

In Interest of CMC, CEC, GLC (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Brown)
(termination of parental rights of alleged father reversed)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00881-CV        In the Interest of C.M.C., C.E.C., G.L.C.
Appeal from 314th District Court of Harris County

In Re OAG of Texas (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Brown)
(petition for mandamus challenging order lifting child support judgment and lien denied)(bill of review)
MOTION OR WRIT DENIED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-08-00665-CV In Re The Office of the Attorney General of Texas
Appeal from 312th District Court of Harris County
Trial Court Judge: Hon. David D. Farr

In re Heide Ortuno (Tex.App.- Houston [14th Dist.] July 24, 2008)(Brown)
(discovery mandamus denied, order of protection, privilege claim waived)
MOTION OR WRIT DENIED: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-08-00457-CV In Re: Heide Ortuno, Individually and as next friend of J.O. a minor child
Appeal from 215th District Court of Harris County
Trial Court Judge: Levi James Benton

Awoniyi v. Mcwilliams, MD (Tex.App.- Houston [14th Dist.] June 10, 2008)(Brown) (HCLC, untimely expert report,
attorney's fees award remanded, failure to segregate recoverable an unrecoverable)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Brown
Before Justices Brock Yates, Guzman and Brown
14-07-00071-CV Oluwakemi Awoniyi & Quadri Ige v. Robert Barton McWilliams., M.D. and the Womans Hospital of
Texas
Appeal from 152nd District Court of Harris County
Trial Court Judge: Kenneth Price Wise

Chappel Hill Bank v. Lillian Smith (Tex.App. - Houston [14th Dist.] May 8, 2008)(Brown)
(real estate law, easement, attorneys fees)
AFFIRMED: Opinion by Justice Brown
Before Chief Justice Hedges, Justices Brown and Boyce
14-07-00099-CV Chappell Hill Bank v. Lillian Smith
Appeal from 335th District Court of Washington County
Trial Court Judge: Terry Flenniken

Dewalt v. Dewalt (Tex.App.- Houston [14th Dist.] Apr. 17, 2008)(Brown)
(family law, SAPCR, domestic violence allegations, disproportionate share)
AFFIRMED: Opinion by Justice Brown
14-06-00938-CV Carl Dewalt v. Stalanda Dewalt
Appeal from 308th District Court of Harris County
Trial Court Judge: Judge Georgia Dempster

Grayson v. Anselmo (Tex.App. - Houston [14th Dist.] Mar. 11 2008) (Justice Jeff Brown) (premises liability, slip and
fall, summary judgment for defendant affirmed)
AFFIRMED: Opinion by Justice Brown
14-06-01073-CV Ronald Grayson v. Joseph Anselmo, Individually and D/B/A Joe's Barber Shop
Appeal from County Civil Court at Law No 1 of Harris County
Trial court judge: Hon. R. Jack Cagle

2008 Civil Appellate Opinions by Justice Brown
Also see--> 2008 Opinions by Other Justices of the 14th Court of Appeals

Jeff's Brown recent appellate record as 55th District Court Judge